Michigan Public Service Commission Requests More Information re: Enbridge Line 5 Tunnel

Here:

Elizabeth LaPensée

Tribal brief here.

Kekek Stark on Anishinaabe Rights of Nature Cases

Kekek Jason Stark has published “Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights of Nature and its Jurisdictional Application for Anishinaabe Territories” in the Montana Law Review.

An excerpt:

This article examines the tribal law acknowledging the Rights of Na- ture as a deeply embedded traditional Anishinaabe law principle. This traditional law principle acknowledging the rights of nature is crucial for sustaining the Anishinaabe Nations’ relationship with their territorial lands and natural resources. What does it mean to recognize the rights of ma- noomin (wild rice) to “exist, flourish, regenerate, and evolve” or to be pro- tected in its traditional forms, natural diversity, and original integrity? This article then delineates the various ways that the White Earth Band of Ojibwe has codified their relationship with their territorial lands and natural resources into tribal law. While the rights of manoomin and similar laws have been widely touted in the press as important victories for tribal sover- eignty, this article more deeply evaluates the practical effects and applica- tions of this tribal law to determine whether this law can serve as a frame- work for other Tribal Nations or is merely a symbolic gesture. Moving beyond symbolic gestures is essential for tribes to implement legal regimes more protective than those provided by states that may otherwise permit development activities by non-Indian parties within treaty territories.

HIGHLY, HIGHLY recommended.

White Earth Ojibwe Appellate Court Dismissed Manoomin Suit against Minnesota DNR

Here is the order in Minnesota Dept. of Natural Resources v. Manoomin dated March 10, 2022:

Prior post here.

Kyle Whyte on Time, Kinship, and Climate Change

Kyle Whyte has posted “Time and Kinship” on SSRN. Here is the abstract:

Climate change is often discussed in terms of linear units of time. This essay covers the meaning of linear time and its implications for how climate change is narrated. There are concerns about how narrating climate change in this way can eclipse issues of justice in the energy transition. There are of course different ways of telling time. This essay provides a narration of climate change inspired by particular Indigenous scholars and writers. These conceptions of time narrate time through kinship, not linearity. One implication is that issues of justice are inseparable from the experience of climate change.