http://hdl.handle.net/10150/667985 2026-04-19T23:48:03Z 2026-04-19T23:48:03Z Rutherford, Amanda http://hdl.handle.net/10150/675208 2024-09-21T01:25:31Z 2017-01-01T00:00:00Z

How Non-Violent Resistance Effects Positive Change Toward Protecting Indigenous Rights and Environmental Integrity in Guatemala Rutherford, Amanda This note discusses the changing legal landscape in Guatemala and the positive impact of non-violent community resistance on protecting the environmental, social, cultural, political, and economic interests of indigenous groups. Examples of Maya resistance against the Kappas and Cassiday & Associates El Tambor gold mine and the Goldcorp Marlin Gold mine show that community resistance movements can play a role in effecting meaningful change. These indigenous movements have shown that resilient and peaceful protests by communities are having an effect on the behavior of transnational mining corporations that are polluting the environment and committing human rights abuses. The indigenous peoples of Guatemala, most of whom are Maya, have experienced decades of violence and oppression. However, recent Court rulings in favor of indigenous communities in cases against these two mines are hopeful signs that Guatemala is building a strong judiciary that is able enforce the existing laws that should protect indigenous peoples’ rights and the environmental integrity of the country. Communities are peacefully resisting violence and oppression, and fighting for their rights to protect and control their communal lands. Slowly but surely these movements are drawing international attention and pushing the government to meaningfully address corruption and instability.

2017-01-01T00:00:00Z Linzey,Thomas Brannen, Daniel E., Jr. http://hdl.handle.net/10150/675207 2024-09-21T01:25:25Z 2017-01-01T00:00:00Z

A Phoenix From the Ashes: Resurrecting a Constitutional Right of Local, Community Self-Government in the Name of Environmental Sustainability Linzey,Thomas; Brannen, Daniel E., Jr.

2017-01-01T00:00:00Z Glasenapp, Logan http://hdl.handle.net/10150/675206 2024-09-21T01:25:18Z 2017-01-01T00:00:00Z

Collaborative Federalism: The Sage Grouse Solution to the Sagebrush Rebellion Glasenapp, Logan The federal government manages an estimated 643 million acres of public lands across the United States. Roughly 93 percent of those acres lie in 12 western states: Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Starting in Utah in 2012, a movement calling for the transfer of federal lands gained traction in the other western states and with their representatives in Congress. Senator Orrin Hatch (RUT) vocally supported the Sagebrush Rebellion of the 1970’s and has continued to call for the transfer of federal lands to the states. Focusing on two states’ legislative actions, this article explores the similarities between the Sagebrush Rebellion and the current transfer movement. It posits that this movement is nothing new, but merely an extension of the decades-old debate over public lands ownership. The article then suggests solutions to the frustration in the West which are less permanent than transferring title to the states.

2017-01-01T00:00:00Z Rowe, Matthew J. Finley, Judson Byrd Baldwin, Elizabeth http://hdl.handle.net/10150/675205 2024-09-21T01:25:11Z 2018-01-01T00:00:00Z

Accountability or Merely “Good Words”? An Analysis of Tribal Consultation Under the National Environmental Policy Act and the National Historic Preservation Act Rowe, Matthew J.; Finley, Judson Byrd; Baldwin, Elizabeth The Dakota Access Pipeline (DAPL) brought issues of environmental justice, energy development, and Native American sovereignty to worldwide attention. Central to this dispute was the definition of “meaningful” consultation within the context of the National Environmental Policy Act (1969) and the National Historic Preservation Act (1966). Many cases document the failure of the consultation process during NEPA and NHPA review, but this line of research does little to propose actions to mitigate these failures. This paper compares three projects involving Tribal governments that underwent NEPA and NHPA review and resulted in three different outcomes. Based on these projects, we find that a lack of transparency during the consultation process is a common factor among failed consultations. Additionally, we recognize that because the Administrative Procedure Act (APA) limits the court’s review power and provides agencies significant discretion in their interpretation of statutory consultation obligations, judicial review has not provided much satisfaction to Tribes. We propose that review mechanisms that grade levels of transparency and stakeholder participation in the review processes can improve accountability and the effectiveness of consultations. The Environmental Protection Agency (EPA) reviews Environmental Impact Statements (EISs) for the quality of the scientific research. Expanding this mechanism to include review of consultation and public participation would provide agencies with incentives to improve consultation practices. Ultimately, meaningful consultation conducted on a government-togovernment basis can balance development and preservation goals and help fulfill the noble intentions of NEPA and NHPA.

2018-01-01T00:00:00Z