Law Journal Symposium on Climate Change and the Polar Regions

Sustainable Development and Policy, a law journal published at American University’s law school, has published an entire symposium issue on climate change and the polar regions (here).

At least two of the articles involve discussion of Indigenous peoples:

Ford, Supporting Adaptation: A Priority for Action on Climate Change for Canadian Inuit (p. 25)

Kazarian, The Forgotten North: Peoples and Lands in Peril (p. 46)

Jackie Hand on Climate Change Threat to American Indians

Jacqueline Hand has published “Global Climate Change: A Serious Threat to Native American Lands and Culture” in the Environmental Law Reporter. Here is the abstract:

During the past decade, public perception of global climate change has transformed from a gloom and doom scenario not to be taken seriously to a nearly universally recognized peril to the planet. Native Americans, especially those in the Arctic region, experience changes in climate with greater immediacy than the general population, and this disproportionate result is expected to become more severe as the effects of climate change escalate. This Article will explore the nature of the impact of climate change on Native Americans, the importance of including traditional tribal knowledge and expertise in understanding the crisis and developing adaptive mechanisms, and the responses by individual tribes as well as by indigenous people as a whole.

Sarah Krakoff on American Indians and Climate Change

Sarah Krakoff has published “American Indians, Climate Change, and Ethics for a Warming World” in the Denver University Law Review.

From the introduction:

American Indian tribes and people have contributed very little to the causes of global warming, yet for geographic, cultural, and demographic reasons, they stand to suffer disproportionately from global warming’s negative effects. A recent study, Native Communities and Climate Change, prepared by the Natural Resources Law Center at the University of Colorado Law School, documents that these effects include, among others, threats to traditional hunting and gathering, destruction of tribal villages in Alaska, increased pressure on tribal reserved rights to water in the arid Southwest, and inundation of reservation lands in Florida. The disproportion between tribal contributions to global warming and the negative impacts on tribes qualifies this as an environmental justice issue. As the Native Communities and Climate Change Report suggests, a complex of legal rights, in conjunction with Congress’s moral obligation to tribes, provides the foundation and incentive for the federal government to take action to address these impacts.

Northwest Tribes Climate Change Conference

Climate Change in the Northwest

“Tribal Perspectives”

Date and Location:

May 29-30, 2008 (Thursday and Friday)

Public Library Downtown

Microsoft Conference Room

Call the directly to confirm your lodging no later than April 24, 2008, at 1-800-945-2240, and mention the Tribal Climate Change Conference.

For more information, please contact Pat Gonzales-Rogers at (503) 231-6123 or Pat_Gonzales-Rogers@fws.gov. (Pat is the Tribal Liaison for the U.S. Fish and Wildlife Service, Region 1).

Continue reading

Rebecca Tsosie on Environmental Justice

Rebecca Tsosie has published “Indigenous People and Environmental Justice: The Impact of Climate Change” with the University of Colorado Law Review. Here is the abstract:

The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article takes the position that the adaptation strategy will prove genocidal for many groups of indigenous people, and instead argues for recognition of an indigenous right to environmental self-determination, which would allow indigenous peoples to maintain their cultural and political status upon their traditional lands. In the context of climate change policy, such a right would impose affirmative requirements on nation-states to engage in a mitigation strategy in order to avoid catastrophic harm to indigenous peoples. This article argues for a new conception of rights to address the unique harms of climate change. An indigenous right to environmental self-determination would be based on human rights norms in recognition that ‘sovereignty claims‘ by indigenous groups are not a sufficient basis to protect traditional ways of life and the rich and unique cultural norms of such groups. Similarly, tort-based theories of compensation for the harms of climate change have only limited capacity to address the concerns of indigenous peoples.

NYT Article on the Shrinking Great Lakes

From the NYTs:

The water levels in all five Great Lakes — Superior, Michigan, Huron, Erie and Ontario — are below long-term averages and are likely to stay that way until at least March, according to the Army Corps of Engineers. (The same is true at Lake St. Clair, which straddles the border between the state of Michigan and the province of Ontario and is between Lake Huron and Lake Erie; it is not considered one of the Great Lakes, although it is part of the Great Lakes system.)

“Most environmental researchers say that low precipitation, mild winters and high evaporation, due largely to a lack of heavy ice covers to shield cold lake waters from the warmer air above, are depleting the lakes. The Great Lakes follow a natural cycle, their levels rising in the spring, peaking in the summer and reaching a low in the winter, as the evaporation rate rises.”

NOAA: Climate Change Impacts

From NOAA:

  • Overall, drought affected 46 percent of the nation, including the Upper Midwest, where persistently dry and warmer than average conditions have helped bring Lake Superior’s water level to its lowest point on record for this time of year, according to NOAA’s Great Lakes Environmental Research Laboratory.
  • Levels of all the Great Lakes, which together make up about 20 percent of the world’s fresh surface water, have been in decline since the late 1990s.  Lakes Huron and Michigan were about two feet below their long-term average levels, while Lake Superior was about 20 inches off, Lake Ontario seven inches below, and Lake Erie three inches below normal in September.

Squaxin Island: 4th Annual Tribal Water Rights Conference – Climate Change: Impacts to Water, Fish, Cultures, Economies, and Rights

4th Annual Tribal Water Rights Conference – Climate Change: Impacts to Water, Fish, Cultures, Economies, and Rights

When:  October 24-25, 2007

Where:  Squaxin Island Tribe’s Little Creek Casino Resort, Shelton

Agenda and Registration:  http://www.wateradvocacy.org

The Center for Water Advocacy, the Squaxin Island Tribe, and the Indian Law Sections of the Washington and Oregon State Bars are sponsoring the Fourth Annual Northwest Tribal Water Rights Conference to take place at the Squaxin Island Tribe’s Little Creek Casino Resort in Shelton. The conference will address a broad range of areas relating to the impact of climate change on the reduction of stream flows and how such reductions impact tribal interests in the Pacific Northwest.

With your participation, we expect to create a regional dialogue to address an urgent need communicated by tribes to become more united in confronting global warming and protecting tribal fisheries, instream flows, treaty rights, and water quality. This year, we will focus not only on recent information suggesting that climate change is proceeding more rapidly than anticipated, but also on strategies for addressing these issues.

As part of the conference, please join us for a reception and complimentary refreshments hosted by the Squaxin Island Tribe on Wednesday, October 24, at the Squaxin Island Museum Library and Research Center in Shelton from 5:00-7:00 pm. We have invited Winona LaDuke, executive director of Honor the Earth, to be our special guest at the reception.

For questions regarding the conference, please contact: Terry Shepherd, conference coordinator, nepatalk@uci.net or 970-420-9148.

Cost:  $275

Approved for 9.5 CLE credits (includes 1.0 ethics)