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

U.S. Environmental Policy Implementation on Tribal Lands: Trust, Neglect, and Justice 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Policy Studies Journal Wiley

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

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Publisher
Wiley Subscription Services, Inc., A Wiley Company
Copyright
© 2018 Policy Studies Organization
ISSN
0190-292X
eISSN
1541-0072
D.O.I.
10.1111/psj.12187
Publisher site
See Article on Publisher Site

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.

Journal

Policy Studies JournalWiley

Published: Jan 1, 2018

Keywords: ; ; ; ; ;

References

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