Tribal Treaty Rights Now Driving Environmental Law Developments

Environmental lawyers increasingly acknowledge the importance of Native American issues to their practice. Nowhere is that more apparent than with respect to tribal treaty rights. Courts and advocates are grappling with the environmental dimensions of tribal reserved hunting and fishing rights; controversies continue to brew over whether NEPA reviews of energy projects have adequately considered impacts on tribal rights and resources; and federal agencies seek to harmonize modern environmental statutes with centuries-old Indian law treaties and other agreements.

From 1778 to 1871, the United States' relations with American Indian tribes were conducted largely through the treaty-making process, in which many tribes agreed to cede millions of acres of their homelands in return for recognition of unique rights in land and natural resources and other federal law protections. Tribal treaties cover a wide variety of subjects, including in many cases reserved rights to hunt,