Sustainable Red Power: Tribal Energy Sovereignty and the Way Forward

Abstract

This article will examine how tribes can synthesize Indigenous ingenuity and federal selfdetermination policy to strengthen their cultural and political institutions by developing sophisticated solar-based microgrids and leveraging blockchain technology. This article acknowledges that climate change is here to stay and seeks to provide indigenous peoples in the US with innovative community solutions that work toward tribal energy sovereignty (ES) by marrying Indigenous sciences and cultural knowledge with innovative technologies. This article examines some of the creative renewable energy and blockchain systems that Indigenous communities have been using and encourages tribal leaders to consider how such technologies can support one another to strengthen ES. By pragmatically leveraging inherent sovereignty, federal programs, and principles from international law, tribes can exert tribal energy sovereignty by building resilient systems to protect their cultures and economies from the ravages of climate change. Section I clarifies the cultural context of this article and explores the immense importance of traditional cultural values. More specifically, Section I explores traditional Cowlitz practices, my identity as a Cowlitz man as an integral element of this article, and the connections between Cultural Sovereignty and ES3 Section II examines the political and economic realities facing Indian communities seeking to develop renewable energy by briefly exploring Federal Indian Law, the UN Declaration on the Rights of Indigenous Peoples, Native nation-building, and the benefits of decentralizing Indian affairs by moving from centralized federal management to decentralized tribal governance. Section III explores solar energy and microgrids generally and briefly explores three remarkable tribal case studies. Section IV explores some of the specific ways that tribes can work toward solar and microgrid-based ES by leveraging cultural values, tribal programs, federal self-determination policy, and NGOs. Section V considers blockchain technologies generally and looks at some innovative ways Indigenous peoples in the US use them. Section VI considers how blockchain can support ES by allowing tribes to develop peer-to-peer (p2p), decentralized, community-energy systems. Section VII shares final conclusions on recommendations. when assessing whether federal law preempts state-law causes of action arising from production, sale, and marketing of fossil fuels.