Kyle Whyte on Traditional Ecological Knowledge

Kyle Whyte has posted his paper “On the Role of Traditional Ecological Knowledge as a Collaborative Concept: A Philosophical Study” on SSRN. The paper is forthcoming in Ecological Processes.

Here is the abstract:

The concept of traditional ecological knowledge (TEK), along with synonymous or closely related terms like indigenous knowledge and native science, has some of its origins in literatures on international development and adaptive management. There is a tendency to want to determine one definition for TEK that can satisfy every stakeholder in every situation. Yet a scan of environmental science and policy literatures reveals there to be differences in definitions that make it difficult to form a consensus. What should be explored instead is the role that the concept of TEK plays in facilitating or discouraging cross-cultural and cross-situational collaboration among actors working for indigenous and non-indigenous institutions of environmental governance, such as tribal natural resources departments, federal agencies working with tribes, and co-management boards. I argue that the concept of TEK should be understood as a collaborative concept. It serves to invite diverse populations to continually learn from one another about how each approaches the very question of “knowledge” in the first place, and how these different approaches can be blended to better steward natural resources and adapt to climate change. The implication is that environmental scientists and policy professionals, indigenous and non-indigenous, should not be in the business of creating definitions of TEK. Instead, they should focus more on creating long term processes that allow the different implications of approaches to knowledge in relation to stewardship goals to be responsibly thought through.

Draft State Dept. EIS re: Keystone XL Pipeline

Here.

News coverage here.

D.C. Circuit Affirms Decision to List Polar Bears as Endangered Species

Here is today’s opinion in In re Polar Bear Endangered Species Act Listing:

CADC Opinion 11-5219

Polar Bear

D.C. Circuit Affirms Interior’s Decision Not to Recognize Muwekma Ohlone

Here is the opinion in Muwekma Ohlone Tribe v. Salazar:

CADC Opinion

Briefs are here.

Lower court materials are here.

NYTs: Timothy Egan on Indian Country Crime (“Science and Sensibility”)

Here.

An excerpt:

For American Indians, living nearly invisible lives on archipelagos of native culture, irrational Republican philosophy has been particularly cruel. There are more than 300 reservations throughout the land — nations within a nation, sovereign to a point.

Non-Indians are responsible for most of the domestic violence in Indian country. The tribes can’t prosecute them — without the blessing of Congress — and the distant and detached feds usually won’t. Thus, the need for the change written into the renewed Violence Against Women law.

“We have serial rapists on the reservation,” Charon Asetoyer, a Native rights health advocate in South Dakota, has pointed out, “because they know they can get away with it.”

Oh, but bringing these brutes to justice in the jurisdictions where they commit their crimes would be unconstitutional, says Representative Eric Cantor, the House Majority leader. A jury of Indians, well — they’re incapable of giving a white man a fair trial. Such was the view expressed by Senator Charles Grassley, the mumble-voiced Iowa senator known for his 19th-century insight.

Both men voted against the act, and both are flat-out wrong in their interpretation. The Sixth Amendment guarantees the accused a right to a jury trial in “the state or district” where the crime was committed. It says nothing about ethnicity. The latest census found that almost half of people living on reservations were non-Indians. And more than half of Indian women are married to men who are not tribal members by blood.

Update in Wandering Medicine v. McCulloch — Ninth Circuit Materials (so far) in Montana Voting Rights Case

Here:

Appellants Opposition to Motion

Appellees Motion to Dismiss Appeal

CA9 Order on Motion to Dismiss

News coverage here.

Lower court materials here.

NCAI Analysis on How Sequester will Impact Tribal Nations

Here.

From the report:

If Congress does not replace or avert the sequester scheduled for March 1, 2013, forced spending cuts will undermine the trust, treaty, and statutory obligations to tribal governments that are funded in the federal budget. Not only would it sacrifice the federal trust responsibility to tribes, but it would thwart tribes’ ability to promote economic growth or plan for the benefit of future generations. The Office of Management and Budget estimates the effective percentage reduction will be approximately nine percent for non-defense programs because the reduction will be implemented over the remaining seven months of the fiscal year (FY).

Amerind Risk Management RFP for Corporate Legal Counsel

Here:

RFP Amerind Corporate Counsel

Federal Court Rejects Quechan Tribe Effort to Shut Down Ocotillo Express Wind Power Operation

Here are the materials in Quechan Tribe of the Fort Yuma Indian Reservation v. United States Department of the Interior (S.D. Cal.):

DCT Order Granting Ocotillo Motion

Federal Motion for Summary J

Ocotillo Express Motion for Summary J

Quechan Motion for Summary J

*** Quechan Declaration

GAO Report on Indian Education

Here, titled “Management Challenges Continue to Hinder Efforts to Improve Indian Education.”

An excerpt:

Management challenges within the Department of Interior’s Office of the Assistant Secretary – Indian Affairs (Indian Affairs), such as fragmented administrative structures and frequent turnover in leadership, continue to hamper efforts to improve Indian education. For example, incompatible procedures and lack of clear roles for the Bureau of Indian Education and the Indian Affairs’ Deputy Assistant Secretary for Management (DAS-M), which provides administrative functions to BIE, such as human resources and acquisitions, contribute to delays in schools acquiring needed materials and resources. According to BIE officials, some DAS-M staff are not aware of the necessary procedures and timelines to meet schools’ needs. For instance, delays in contracting have occasionally affected BIE’s ability to provide services for students with disabilities in a timely manner. A study commissioned by Indian Affairs to evaluate the administrative support structure for BIE and the Bureau of Indian Affairs (BIA) — also under Indian Affairs — concluded that organizations within Indian Affairs, including DAS-M, BIA, and BIE, do not coordinate effectively an d communication among them is poor. Similarly, preliminary results from GAO’s work suggest that lack of consistent leadership within DAS-M and BIE hinders collaboration between the two offices.