New Scholarship on the Inflation Adjustment Act’s Impact on Indian Country Energy Justice

Matthew L.M. Fletcher

John Beaty has published “The Impact of the Inflation Reduction Act on Energy Justice and Green Energy Development in Indian Country” in the LSU Journal of Energy Law and Resources. PDF

Here is the abstract:

In the past two decades, many American Indian Tribes have been experimenting with generating power from renewable sources on reservations. The growth of tribal green energy is a positive step towards energy justice, but current projects are hampered by insufficient funding, jurisdictional confusion, lack of needed infrastructure, and a baroque permitting process that leaves necessary projects languishing. The recent omnibus spending bill, the Inflation Reduction Act (IRA) was trumped by Congress as the largest investment into tribal green energy ever. This Article critically analyzes the impact of the IRA on tribal energy. While the IRA represents a necessary move towards a more effective funding structure for tribal energy projects, it failed to address other barriers to tribal green energy development. The Article concludes by proposing steps Congress, States, and Tribes can take to improve upon the IRA.

Federal Circuit Allows Some Aspects of Ute Water Rights Breach of Trust Claim to Proceed

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. United States:

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Dan Cornelius and Steph Tai on the USDA’s Programs on Climate Change and Indigenous and Black Farmers

Matthew L.M. Fletcher

Daniel Cornelius and Steph Tai have published “Can We Save Our Foodways? The Inflation Reduction Act, Climate Change, and Food Justice” in the Yale Law Journal Forum.

Here is the abstract:

This Essay examines USDA programs supported by the Inflation Reduction Act and its approach towards addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience.