U.S. Environmental Policy Implementation on Tribal Lands: Trust, Neglect, and Justice

Abstract

This study investigates the implementation of U.S. environmental protection laws under American Indian tribal governance. The landmark laws of the 1970s that form the core of America's environmental policy regime made no mention of American Indian tribal lands, and the subsequent research literature on environmental policy has given them little attention. The U.S. Environmental Protection Agency has primary implementation responsibility for environmental protection laws on tribal lands, which offers a unique opportunity to study direct federal implementation apart from typical joint state–federal implementation. Further, because Indian reservations are homes to a disproportionately poor, historically subjugated racial group, analysis of environmental programs on tribal lands offers a unique perspective on environmental justice. We analyze enforcement of and compliance with the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) to compare the implementation of environmental policy on tribal lands with nontribal facilities. Analysis reveals that, compared with nontribal facilities, tribal facilities experience less rigorous CWA and SDWA enforcement and are more likely to violate these laws.

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Representative Bureaucracy, Distributional Equity, and Environmental Justice

“…First, government agencies’ policy outputs for the focal group are considered one of the pivotal forms of active representation by the public bureaucracy (Fernandez, Malatesta, and Smith ; Hindera ; Kennedy ; Kim ; Wilkins ). Second, the policy implementation practices of federal or state agencies in charge of environmental protection have been broadly used in the environmental justice literature as an indicator of fair treatment of different social groups and communities (Konisky and Reenock ; Liang , ; Opp ; Spina ; Teodoro, Haider, and Switzer ).…”

Latinos and Environmental Justice: Examining the Link between Degenerative Policy, Political Representation, and Environmental Policy Implementation

“…Environmental justice describes "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies" (U.S. Government Accountability Office, 2011, p. 1). Alongside the uneven environmental hazards observed in socially marginalized and economically disadvantaged communities (Lester et al, 2001;Mohai, Pellow, & Roberts, 2009;Mohai & Saha, 2015;Ringquist, 2005), government's inequitable implementation practices encountered by people of color (e.g., African Americans, Hispanics, American Indians) have drawn increased attention of scholars and practitioners (Konisky, 2009;Konisky & Schario, 2010;Liang, 2016;Lynch et al, 2004;Malley, Scroggins, & Bohon, 2012;Mennis, 2005;Opp, 2012;Spina, 2015;Teodoro, Haider, & Switzer, 2016).…”