Source: (2014) Journal of Environmental Law and LItigation. 29:389-442.
Tribal governments are developing and implementing federally
authorized and/or approved tribal environmental programs in the
areas of water quality, air quality, and solid waste. As part of this
federal delegation process there are federal requirements relating to
due process and fair treatment of the public and stakeholders who
may be affected by the tribal environmental laws and regulations.
This article explores and examines public participation and due
process within the tribal context and proposes tribal institutions are
in the best position to articulate the tribal cultural and social norms
of public participation and fair treatment. It is through this process
that tribes can best preserve, strengthen and incorporate native
concepts of equity and justice, and build communication and
cooperation within their communities. (author’s abstract)
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