Abstract
The U.S. Environmental Protection Agency (EPA) defines environmental justice as the “fair treatment for people of all races, cultures, and incomes, regarding the development of environmental laws, regulations, and policies.” The last decade has focused considerable national attention on the environmental pollution inequity that persists among the nation’s poorest communities. Despite these environmental justice efforts, poor communities continue to face adverse environmental conditions. For the more than 550 Native American communities, the struggle to attain environmental justice is more than a matter of enforcing national laws equitably; it is also a matter of a federal trust duty for the protection of Indian lands and natural resources, honoring a promise that Native American homelands would forever be sustainable. Equally important is the federal promise to assist tribes in managing their reservation environments under their reserved powers of self-government, an attribute that most distinguishes tribes from other communities. The PM Northwest, Inc. (PMNW) dumpsite is located within the boundaries of the Swinomish Indian Reservation in Washington State. Between approximately 1958 and 1970, PMNW contracted with local oil refineries to dispose of hazardous wastes from their operations at the reservation dumpsite. Almost two decades would pass before the Swinomish tribe was able to persuade EPA that a cleanup action under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was warranted. This article reviews the enduring struggle to achieve Indian environmental justice in the Swinomish homeland, a process that was dependent upon the development of the tribe’s political and environmental management capacity as well as EPA’s eventual acknowledgement that Indian environmental justice is integrally linked to its federal trust responsibility.
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References
American Indian Lawyer Training Program, Inc. (AILTP). 1988. Indian tribes as sovereign governments. Oakland, California
Ayer M. F. 1991. Meaningful implementation of the government-to-government relationship between each Indian tribe and the United States: a concept paper. National Indian Policy Center, Washington, D.C
Bryant B. (ed). 1995. Environmental justice: issues, policies, and solutions. Island Press, Washington, D.C
Bryant B., P. Mohai, (eds). 1992. Race and the incidence of environmental hazards: a time for discourse. Westview Press, Boulder, Colorado
Bullard R. D. (ed). 1993. Confronting environmental racism: voices from the grassroots. South End Press, Boston
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (Superfund) (1980) United States Congress, 42 U.S.C. 9610 et. Seq.
Cherokee Nation v. Georgia, 1831. 30 U.S. 1
Clinton W. J., President. 1994a. Executive Order 12898 of February 11, 1994. Federal Register 59:32, 7629
Clinton W. J., President. 1994b. Executive Memorandum of April 29, 1994, http://web.em.doe.gov/public/tribal/whletter.html
Clinton W. J., President. 1998. Executive Order No. 13084 of May 19, 1998. Federal Register, 63:96. Presidential Documents, 27655–27657
Clinton W. J., President. 2000. Executive Order No. 13175 of November 6, 2000. Consultation and Coordination with Indian Tribal Governments, Federal Register, 65:218. Presidential Documents, 67249–67252
Cohen F. 1986. Treaties on trial: the continuing controversy over Northwest Indian rights. University of Washington Press, Seattle, Washington
Cohen F. S. 1942. Felix S. Cohen’s handbook of federal Indian law. U.S. Government Printing Office, Washington D.C
Cornell S., J. P. Kalt. 1992. What can tribes do? Strategies and institutions in American Indian economic development. American Indian Studies Center. University of California, Los Angeles
Coursen D. F. 1993. Tribes as states: Indian tribal authority to regulate and enforce federal environmental laws and regulations. 23 Envtl. L. Rep. 10579
Deloria V Jr. 1985. American Indian policy in the twentieth century. University of Oklahoma Press, Norman, Oklahoma
Deloria V Jr., C. M. Lytle. 1984. The nations within: the past and future of American Indian sovereignty. Pantheon, New York
Faber D. (ed). 1998. The struggle for ecological democracy: environmental justice movements in the United States. The Guilford Press, New York
Ferris D. 1993. A broad environmental justice agenda: mandating change begins at the federal level. Maryland J Contemp Legal Issues 5:115–127
Goeppele C. 1990. Solutions for uneasy neighbors: regulating the reservation environment after Brendale v. Confederated Tribes and Bands of Yakima Indian Nation. Washington Law Rev 65:417–436
Goldtooth T. B. K. 1995. Indigenous nations: summary of sovereignty and its implications for environmental protection. In Bryant B (ed.) Environmental justice: issues, policies, and solutions. Island Press, Washington, D.C. pp 138–148
Harmon A. 1998. Indians in the making: ethnic relations and Indian identities around Puget Sound. University of California Press, Los Angeles
Harris S. G., B. L. Harper. 1997. A Native American exposure scenario. Risk Analysis 17:789–796
Harris G. R. 1997. A social critique of environmental justice. J Am Planning Assoc 63:149
Helfand G. E., L. J. Peyton. 1999. A conceptual model of environmental justice. Social Sci Q 80:68–83
Hines R. I. 2001. African Americans’ struggle for environmental justice and the case of the Shintech plant—lessons learned from a war waged. J Black Studies 31:777–789
Indian Reorganization Act (IRA) of 1934, Section 16, 25 USC 476 et. seq
Ishiyama N. 2003. Environmental justice and American Indian tribal sovereignty: case study of a land use conflict in Skull Valley, Utah. Antipode 1:119–139
Kuehn R. R. 2000. A taxonomy of environmental justice. 30 Environmental Law Rep 10581
LaVelle J. P. 2001. Rescuing Paha Sapa: achieving environmental justice by restoring the great grasslands and returning the Sacred Black Hills to the Great Sioux Nation. Great Plains Nat Resources J 5:40
Lester D. 1986. The environment from an Indian perspective. Envir Protection Agency J 27:1
Lewis J. 1986. An Indian policy at EPA. EPA J 12:23–26
Nance v. EPA. 1981. 645 F.2d 701, 9th Cir. 1981, cert denied
National Environmental Justice Advisory Committee (NEJAC). 2000. Indigenous Peoples Subcommittee. Guide on consultation and collaboration with Indian tribal governments and the public participation of indigenous groups and tribal members in environmental decision making. http://www.ejrc.cau.edu/compliance/resources/publications/ej/ips_consultation_guide.pdf
Native American Rights Fund. 1988. Draft concept paper for the consideration of the establishment of an Indian environmental entity. NARF, Boulder, Colorado
National Indian Policy Center. 1993. Tribal participation in the making of federal Indian law and policy under the proposed National Commission of Native American Government’s Recognition Act. Endreson DBL (ed.), Washington, D.C
Newton D. E. 1996. Environmental justice: a reference handbook. ABC-CLIO, Denver
Nixon R. M., President. 1970. Special message on Indian affairs, public papers of the President of the United States: Richard Nixon, 564–567
Pulido L. 1996. A critical review of the methodology of environmental racism research. Antipode 28:142–159
Ringquist E. J. 1998. A question of justice: equity in environmental litigation. J Politics 60:1148–1165
Roberts N. A. 1975. A History of the Swinomish Tribal Community. Ph.D. Dissertation, University of Washington, Seattle, Washington
Royster J. B., R. S. A. Fausett. 1981. Control of the reservation environment: tribal primacy, federal delegation, and the limits of state intrusion. Washington Law Rev 64:581
Sanders A. H., R. L. Otsea Jr. 1982. Protecting Indian natural resources: a manual for lawyers representing Indian tribes or tribal Members. Native American Rights Fund, Boulder, Colorado
Shrader-Frechette K. 1996. Environmental justice and Native Americans: the Mescalero Apache and monitored retrievable storage. Natural Resources J 35:703–714
Slade B. A., L. Cowart. 2000. Are minority neighborhoods exposed to more environmental hazards? Allegations of environmental racism. Real Estate Rev 30:50–57
State of Washington. 1985. State of Washington, Department of Ecology v. EPA, 752 F. 2d 1465, 9th Cir
Stephens P. H. G. 2000. Andrew Dobson, justice and the environment: conceptions of environmental sustainability and dimensions of social justice. Envir Politics 9:174–175
Suagee D. B. 1991. The application of the national environmental policy act to development in Indian country. Am Indian L Rev 16:377
Suagee D. B. 1994. Turtle’s war party: an Indian allegory on environmental justice. J Envir Law Litig 9:461–497
Suagee D. B. 1999. The Indian country environmental justice clinic: from vision to reality. Vermont Law Rev 23:567–604
Suagee D. B. 2002a. The supreme court’s ‘Whack-a-mole’ game theory in federal Indian law, a theory that has no place in the realm of environmental law. Great Plains Natural Resources J 7:90
Suagee D. B. 2002b. Dimensions of environmental justice in Indian country and Native Alaska. Environmental Justice Resource Center website. Clark Atlantic University. http://www.cjrc.cau.edu/summit2/IndianCountry.pdf
Towers G. 2000. Applying the political geography of scale: grassroots strategies and environmental justice. Professional Geographer 51:23–36
Tsosie R. 1996. Tribal environmental policy in an era of self-determination: the role of ethics, economics, and traditional ecological knowledge. Vermont Law Rev 21:225
U.S. v. Kagama, 1886. 118 U.S. 375, 384
U.S. v. Navaho Nation, 2003. 537 U.S. 488
US. V. White Mt. Apache Tribe, 2003. 537 U.S. 465
U.S. Environmental Protection Agency (USEPA). 1983. Administration of environmental programs on Indian Lands. US Environmental Protection Agency, Washington, D.C
U.S. Environmental Protection Agency. 1984a. Indian policy implementation guidance. US Environmental Protection Agency, Washington, D.C
U.S. Environmental Protection Agency. 1984b. EPA policy for the administration of environmental programs on Indian reservations. http://www.epa.gov/indian/policyintitvs.htm
U.S. Environmental Protection Agency. 1995. Final EPA/Tribal Agreements Template. March 13, 1995. http://www.epa.gov/indian/agree.htm
U.S. Environmental Protection Agency. 2000a. Superfund memorandum of agreement between the Swinomish Indian tribal community and the USEPA regarding tribal consultation during implementation of the superfund program
U.S. Environmental Protection Agency. 2000b. EPA Docket No. CERCLA-10-2000-0186
Walker J. L., others. 2002. A closer look at environmental justice in Indian country. Seattle J Soc Justice 1:379
Weiver T. 1990. Brendale: checkerboards, land and civil authority: managing the reservation environment. The Indian Law Section. Washington State Bar Association, Seattle, Washington
Winchell D. G. 1995. Tribal sovereignty as the basis for tribal planning. Indigenous Planners 1:1–4
Wood M. C. 1994. Indian land and the promise of Native sovereignty: the trust doctrine revisited. Utah Law Rev 3:1471
Wood M. C. 1995a. Fulfilling the executive’s trust responsibility toward the Native Nations on environmental issues: a partial critique of the Clinton Administration’s promises and performance. Envir Law 25:733
Wood M. C. 1995b. Protecting the attributes of native sovereignty: a new trust paradigm for federal actions affecting tribal lands and resources. Utah Law Rev 1:109
Worcester v. State of Georgia, 1832. 31 U.S. 554
Zaferatos N. C. 1998. Planning the Native American tribal community: understanding the basis of power controlling the reservation territory. J Am Planning Assoc 64:395–410
Zaferatos N. C. 2004. Tribal Nations, local governments, and regional pluralism in Washington state: the Swinomish approach in the Skagit valley. J Am Planning Assoc 70:81–96
Acknowledgments
The author wishes to acknowledge several of the many people who were responsible for pursuing the tribal environmental justice effort and carrying out the eventual cleanup action on the Swinomish Indian Reservation: WaWalton, former tribal chairman; Brian Cladoosby, tribal chairman; Lorraine Loomis, tribal natural resources director; Jim Wilbur and Larry Campbell, tribal environmental commissioners; Lauren Rich, former tribal environmental planner; Charlie O’Hara, tribal planning director; Jeff Hegedus, tribal environmental restoration manager; Elissa Kalla, tribal GIS technician; Andrea Nofke, former tribal water quality analyst; Ed Knight, former tribal environmental planner; Stewart Jones and Rich Doenges, former tribal planners; Allan Olson, tribal attorney and general manager; Sharon Haensley, former tribal attorney; Bill Black, former Superintendent, BIA; Steve Roy, BIA; Rich McAlister, EPA attorney; and Chuck Clarke, former Regional Director, EPA Region 10.
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Zaferatos, N.C. Environmental Justice in Indian Country: Dumpsite Remediation on the Swinomish Indian Reservation. Environmental Management 38, 896–909 (2006). https://doi.org/10.1007/s00267-004-0103-0
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DOI: https://doi.org/10.1007/s00267-004-0103-0