New Opportunities for Native American Tribes to Pursue Environmental and Natural Resource Claims

Duke Environmental Law & Policy Forum, Vol. XIV, No. 1, p. 155 (2003)

29 Pages Posted: 27 Jan 2015

See all articles by Allan Kanner

Allan Kanner

Kanner & Whiteley, LLC

M. Ryan Casey

Kanner & Whiteley, LLC

Elizaveta Ristroph

University of Hawaii at Manoa

Date Written: September 1, 2003

Abstract

Native American tribes should take advantage of recent trends in environmental law to pursue claims for damages to their natural resources and their well-being. This article considers civil actions in tribal courts, citizen suits, toxic torts, and claims under parens patriae. While tribal regulatory jurisdiction in the environmental arena has increased, tribal jurisdiction has declined. This has led to an increase in environmental citizen suits, which have enjoyed varying degrees of success. Toxic torts have emerged as an alternative to the traditional route of pursuing claims under federal statutes. Parens patriae is another unexplored method by which tribes may assume the same natural resource defense authority that is allocated to states.

Keywords: opportunities, native, tribes, pursue, national, resource, claims

Suggested Citation

Kanner, Allan and Casey, M. Ryan and Ristroph, Elizaveta, New Opportunities for Native American Tribes to Pursue Environmental and Natural Resource Claims (September 1, 2003). Duke Environmental Law & Policy Forum, Vol. XIV, No. 1, p. 155 (2003) . Available at SSRN: https://ssrn.com/abstract=2555692

Allan Kanner (Contact Author)

Kanner & Whiteley, LLC ( email )

701 Camp Street
New Orleans, LA 70130
United States
504-524-5777 (Phone)
504-524-5763 (Fax)

M. Ryan Casey

Kanner & Whiteley, LLC ( email )

New Orleans, LA 70130
United States

Elizaveta Ristroph

University of Hawaii at Manoa ( email )

Department of Urban and Regional Planning
Saunders Hall 107 2424 Maile Way
Honolulu, HI NA 96822
United States

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