Administrative Law, Tribal Law and the Environment American Bar Association Section of Administrative Law and Regulatory Practice Mid-Year Meeting Seattle, Washington February 7, 2003.
Administrative Law, Tribal Law and the EnvironmentAmerican Bar AssociationSection of Administrative Lawand Regulatory PracticeMid-Year Meeting Seattle, WashingtonFebruary 7, 2003
The Role of Tribal Governments as Natural Resource Trusteesunder SuperfundPresented by:Richard A. Du BeyShort Cressman & Burgess PLLC999 Third Avenue, 30th FloorSeattle, WA 98104(206) 682-3333
Indian Reservations are the remaining homeland of Indian Tribes.
Tribes are entitled to the use and enjoyment of their reservation homeland and its associated on and off-Reservation natural resource base.
Tribal natural resource rights and entitlements frequently have significant cultural, as well as, economic value to the Tribe and its members.
The protection of Tribal natural resources necessarily includes protecting the environmental quality and habitat of such resources.
The Superfund is process driven and the administrative process has a life of its own.
The extent to which a Tribe can influence the Superfund process is impacted by:
PRPs responsible for the release of hazardous substances into the environment face liability under:
for clean-up costs and for injury to natural resources caused by the release.
Superfund defines natural resources as:
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land, air, water, groundwater drinking supplies, fish, wildlife habitats and other resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, or any state, local, tribal or foreign government.
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Should we proceed with the damage assessment?
What do we need to know?
How should we obtain the information?
What is the extent of the injuries?
How did the injuries occur?
How extensive are the injuries?
What are the injuries worth?
Collection of damages
What do we need to do to repair the injuries?
Implement / monitor planned activities
The eloquent words of Nez Perce Chief Hinmaton Yalatkit (Joseph) continue to resound with truth and spiritual clarity:The Earth and myself are of one mind. The measure of the land and the measure of our bodies are the same.
Acquisition of equivalent might mean: