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Abstract

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting coal, oil, and natural gas from interior lands of the United States to Asian markets.

Carbon emissions projected from the proposed fossil fuel development would inflict irreparable damage on the planet’s climate system. More imminently, transport of dirty and explosive fossil fuels poses a grave and present threat to both tribal and non-Indian local communities, as demonstrated by the sudden derailment and horrific explosion of a Union Pacific oil train carrying Bakken oil through Mosier, Oregon in June, 2016. Across the region, citizens rise in protest to defeat these proposals in local, state, and federal permit processes, forming a growing resistance called the “Thin Green Line.” In significant ways, tribes have emerged as key players and powerful leaders in this resistance, staunchly defending the homelands they have inhabited since time immemorial and inspiring the grassroots coalitions to stand behind a “None Shall Pass” blockade of fossil fuels.

As the region’s original sovereigns and present day co-trustees of essential natural resources, tribes hold several key legal levers that may arrest these fossil fuel infrastructure projects, both on and off their reservations. Tribal legal mechanisms on-reservation fall into two areas: 1) property rights that may provide the basis for tribes to refuse or restrict rights-of-way access across their reservations; and 2) the authority to regulate dangerous activities on their own lands. Off the reservation, tribes are positioned to assert the federal indian trust responsibility and tribal treaty fishing rights in a complex matrix of federal, state, and local permitting schemes.

The existing case law and statutory landscape surrounding all of these legal mechanisms are complicated and interwoven. This article highlights strategic legal avenues available to tribes in both on- and off-reservation contexts. Building on case studies of successful tribal resistance, this article presents analysis for tribal advocates with an ultimate aim to support native nations in their unified efforts to stop fossil fuel trafficking across the Pacific Northwest.

Recommended Citation

Wood, Mary Christina (2018) 'Tribal Tools & Legal Levers for Halting Fossil Fuel Transport & Exports Through the Pacific Northwest,' American Indian Law Journal: Vol. 7 : Iss. 1 , Article 5.
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol7/iss1/5

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Masters Theses, 2010-2019

Preferred Name

Mike Lockwood

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Date of Graduation

Fall 2014

Document Type

Thesis

Degree Name

Master of Science (MS)

Department

Department of Integrated Science and Technology

Advisor(s)

Maria C. Papadakis

Joy Ferenbaugh

Abstract

Fridges Of The Pacific Northwest Mac Os Catalina

For more than 160 years, the Pacific salmon has been an important resource for the United States and Canada. However, it has been overexploited. Proper management of the species is essential not only for maintaining healthy populations but also maintaining the interests of diverse stakeholders. One set of stakeholders consists of the indigenous peoples of North America because the Pacific salmon are crucial to their food, social, and ceremonial traditions.

Fridges Of The Pacific Northwest Mac Os X

This thesis explores the impacts of Canadian and U.S. public policies on the cultural integrity of native peoples in the Pacific Northwest, specifically as those peoples rely on wild Pacific salmon for key cultural attributes. Indigenous peoples of the Pacific Northwest have historically depended on the salmon resource as a source of sustenance, trade, and spirituality.

A “desk study” was conducted for this thesis using literature resources. A “matched pairs case study” was utilized to compare and contrast United States and Canadian fisheries policy impacts on their respective indigenous cultures. It analyzes nine indigenous tribes throughout the region and assesses the impacts based on seven cultural traits. Each relevant cultural trait was evaluated on its current state and the degree of impact caused by policy.

The findings suggest that Canada has better accommodated the rights of its indigenous peoples because it actively incorporated these rights into federal legislation, wild salmon policies and strategies, and modern-day treaty-making. However, both Canada and the United States have unique policy issues that include how to create effective co-management schemes and equally distribute fish catch between indigenous and non-indigenous fishing interests. The hope is that policy makers will use this information to better understand the impacts of fisheries management on indigenous peoples and make policy decisions that better accommodate their needs.

Recommended Citation

Lockwood, Michael James, 'An analysis of U.S./Canadian fisheries policy in regards to Pacific salmon and the preservation of indigeneity in the Pacific Northwest' (2014). Masters Theses, 2010-2019. 8.
https://commons.lib.jmu.edu/master201019/8

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Environmental Policy Commons, Natural Resources Management and Policy Commons, Policy Design, Analysis, and Evaluation Commons, Public Policy Commons, Social and Cultural Anthropology Commons

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Fridges Of The Pacific Northwest Mac Os Catalina

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