Tribal Climate Change Guide

The Tribal Climate Change Guide is part of the Pacific Northwest Tribal Climate Change Project (TCCP). The TCCP is part of the L.I.G.H.T. Foundation (LF), is an independent, Indigenous-led, conservation 501(c)(3) nonprofit established on the Colville Indian Reservation in the traditional territory of the Nespelem Tribe in present-day north central Washington State. LF supports the restoration and cultivation of native Plant and Pollinator Relatives and the culturally respectful conservation of habitats and ecosystems which are climate resilient and adaptive. For more information about LF, visit: https://thepnwlf.org/. For more information about the Tribal Climate Change Project, visit: https://tribalclimate.uoregon.edu/. If you would like to add information to this guide, please email kathy.lynn.or@gmail.com.

Exploring Alternatives to the "Consultation or Consent" Paradigm

Type

Literature

Publication

Jason Searle, Exploring Alternatives to the "Consultation or Consent" Paradigm, 6 Mich. J. Envtl. & Admin. L. 485 (2017).

Year Published

2017

Organization

NGO

Description

The Dakota Access Pipeline brought the question of what adequate tribal consultation requires to the forefront. Some would argue that consultation is a weak standard and that only adopting a new standard of free, prior, and informed consent can guarantee tribes greater control and respect. However, the “consultation or consent” paradigm does not take into account important sources of law that do not fit under “consultation” or “consent” and yet could be valuable in strengthening tribes’ claims in the absence of a consent standard.

Geography

North Dakota

National

Website

http://repository.law.umich.edu/mjeal/vol6/iss2/4/

The Tribal Climate Change Guide is supported through partnerships between the University of Oregon Environmental Studies Program and the North Pacific Landscape Conservation Cooperative, the USDA Forest Service Pacific Northwest Research Station, the Institute for Tribal Environmental Professionals and the Environmental Protection Agency Region 10 Tribal Program.
Questions about this Guide should be directed to kathy@uoregon.edu.