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I. Introduction.343
II. Environmental Justice and Indigenous Communities.344
A. Tribal Sovereignty.346
B. Federal Trust Relationship with Native Nations.348
C. Unique Tribal Connection to the Land and Environment.350
D. International Considerations.351
III. Case Study: Protest of the Dakota Access Pipeline.355
IV. Case Study: Negative Impacts of Climate Change in Indian Country.365
V. Conclusion.369
I. Introduction
Indigenous communities around the world find themselves increasingly embroiled in environmental justice controversies-controversies that oftentimes involve questions of transnational law. Environmental justice communities include demographic groups, like color and lower socio-economic status, which disproportionately bear the effects of environmental problems. The negative effects of climate change, for example, unduly impact and threaten indigenous communities around the world, yet these communities contribute little, if anything, to the development of climate change. Even environmental justice disputes centered solely within the confines of a single nation, such as the indigenous protest of the Dakota Access Pipeline within the united states, potentially raise questions of transnational and international law.
This Article considers environmental threats to indigenous communities from an environmental justice lens in order to truly accomplish justice for these communities. In doing so, the Article comprehensively analyzes environmental challenges facing indigenous communities. The Article starts with a general discussion of the environmental justice principles, specially emphasizing the united states, and focusing on how these principles pertain to indigenous communities. This Part includes a discussion of how environmental justice claims raised by indigenous communities might include different considerations than other environmental justice communities. These considerations may include sovereignty, federal governmental responsibility, unique connections to land and environment, and international law. This Article then explores two case studies that demonstrate how specific environmental challenges indigenous communities face may be viewed through an environmental justice lens. These case studies explore the protest of the Dakota Access Pipeline in the United States and the negative impact of climate change on indigenous communities around the world. In this regard, this Article presents a holistic consideration of how justice might be accomplished for such communities.
II. Environmental Justice and Indigenous Communities1
Environmental justice is deeply rooted in several social justice movements within the United States, such as the Civil Rights Movement,2 indigenous struggles, 3 and the traditional environmental movement.4 The growth in the field of environmental justice resulted in several...