Helia Bidad has published “The Power of Tribal Courts in Ongoing Environmental-Tort Litigation” in the Yale Law Journal. Here is the abstract:
Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on tribal sovereignty in the form of tribal jurisdiction stripping, this Essay uses an original empirical analysis of 308 cases to understand the circumstances in which tribal-court jurisdiction currently exists for tribal members to sue nonmembers for environmental torts in tribal court. This Essay makes recommendations for how to strategically bring these suits and highlights important considerations for tribal sovereignty.