Slide 1
Climate Change and Tribes:Places at the Table; Roles in the
Action Plan2015 National Environmental Justice Conference Dean B.
SuageeHobbs, Straus, Dean & Walker
[email protected]
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAFebruary 15
Overview of Presentation Tribes as Sovereign GovernmentsPlaces
at the Table Federal Review Processes The Big PictureRoles in the
Action PlanA Better Buildings Challenge for Indian Country
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
February 152
Natural Resources & EnvironmentAmerican Bar
Association,Section of Environment, Energy & ResourcesTribal
Self-Determination in a Low-Carbon Economy, 2010Consulting with
Tribes for Off-Reservation Projects, 2010Solar Energy: Lets Get
Passive!, 2011Tribal Climate Crisis Tax-Exempt Bonds, 2013A Better
Buildings Challenge for Indian Country, 2014The Climate Crisis, the
Renewable Energy Revolution, and Tribal Sovereignty, Chapter 3 in
Tribes, Land, and the Environment (Krakoff and Rosser, eds.,
2012)www.hobbsstraus.com/articles
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CATribes as Sovereign
GovernmentsPower to Make and Enforce LawsInherent tribal
sovereigntyDelegated federal authorityGovernmental Service
ProgramsFederal assistance for tribal governmentsFederal assistance
for state & local govtsPower to Raise Revenue
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CATribes as Sovereign
GovernmentsPower to Make and Enforce LawsInherent tribal
sovereignty Like states but differentThe importance of cultural
identityLimits imposed by federal lawActs of
CongressTreatiesImplicit Divestiture
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CATribes as Sovereign
GovernmentsGovernmental Service ProgramsFederal assistance for
tribal governmentsSelf-Determination contractsSelf-Governance
compactsFederal assistance for states & local govtsTribes are
often overlookedIn some cases, parallel programsSometimes included,
but awkwardly
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CATribes as Sovereign
Governments
Power to Raise RevenueLimits on ability to taxLegal, e.g.
implicit divestiture Practical limits Limits on use of tax-exempt
bondsTribal Climate Crisis Tax-Exempt Bonds, 2013
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAPlaces at the Table Federal
Review ProcessesNational Historic Preservation Act (NHPA)Advisory
Council on Historic Preservation regulations, 36 CFR part 800Can be
used to bring traditional ecological knowledge into federal agency
decision-making processesNational Environmental Policy Act
(NEPA)CEQ regulations, 40 CFR parts 1500 - 1508
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CANHPA 1992 AmendmentsPlaces
of religious and cultural significance for tribes (and Native
Hawaiian organizations) may be eligible for the National Register
of Historic PlacesSuch places may be traditional cultural
properties that are (a) rooted in a communitys history and (b)
important for maintaining cultural identityNational Register
Bulletin 38 (by National Park Service)Significance may derive from
medicine plants, wildlife habitat Places need not be TCPs to
trigger right of tribes to be included in the section 106
process
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CANational Environmental
Policy ActCouncil on Environmental Quality (CEQ) Guidance
DocumentsConsideration of GHG emissions and effects of climate
change in NEPA reviewsRevised draft, Dec. 24, 2014, Federal
Register Programmatic NEPA reviewsFinal, Dec. 23, 2014, Federal
Register
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CATHE BIG PICTURENational
Climate Assessment
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CANational Climate
AssessmentImpacts on Indigenous PeoplesReduced access to
traditional foodsDecreasing water quality and quantity, less
predictabilityDeclining sea ice many impacts in AlaskaThawing
permafrost stressing traditions, damaging infrastructureRelocation,
in Alaska and other coastal areas
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CANational Climate
Assessment
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CANational Climate
AssessmentTo meet the lower emissions scenario, global CO2
emissions need to peak at 44 billion tons per year and decline
thereafter
On current path, the world will exceed 44 billion tons per year
within 10 years
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAIntergovernmental Panelon
Climate Change
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAIntergovernmental Panelon
Climate ChangeA scenario that limits GHG concentrations to 450 ppm
CO2 equivalent is likely to limit warming to 2 degrees C over the
21st century relative to pre-industrial levelsRequires emissions
reductions of 40 to 70% from 2010 levels by 2050, further reduction
to near zero or below by 2100
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CACarbon Tracker
Initiativecarbontracker.orgUnburnable Carbon 2013: Wasted capital
and stranded costs (June 2013)Through 2050, only 20% of existing
fossil fuel reserves can be burned.Remaining carbon budget for a 2
degrees C world in 2050 is 900 GtCO2 existing reserves are 2,860
GtCO2
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAGlobal Warmings Terrifying
New MathBill McKibben, Rolling Stone (July 2012)Three key numbers2
degrees Celsius, 3.6 degrees FTarget temperature rise over
pre-industrial level 565 Gigatons of carbon dioxidecarbon budget by
mid century2,795 Gigatons Proven fossil fuel reservesAbout 80% of
known fossil fuel reserves must be left in place
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CA350.org
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO,
CAhttp://arxiv.org/abs/0804.1126Open Atmos. Sci. J (2008), vol.
2
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CACO2 reductions from energy
efficiency and renewable energy
Source: ASES, Tackling Climate Change
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Path to a Sustainable, Renewable Energy Future
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Jobs in Renewable Energy
International Renewable Energy Agency working paper
(2011)Renewable Energy Jobs: Status, Prospects & Policies;
Biofuels & Grid Connected ElectricityMore labor intensive (by
output & investment)Environmental and Energy Study
InstituteFact Sheet: Jobs in Renewable Energy and Energy Efficiency
(2013)
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CADont Even Think About It:Why
Our Brains Are Wired to Ignore Climate ChangeBy George Marshall
(2014)climate conviction.orgRational brain v. emotional
brainInformation doesnt do itTrustworthiness of the messenger
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAConnecting Some of the Dots
The Big PictureU.S. GHG Emissions by Sector 1990 - 2012
Electricity32% Transportation28%Industry20%Residential &
Commercial10%Agriculture10%
Source:EPA Inventory of U.S. GHG Emissions (April 2014)
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CABig Picture - C02 Emissions
by End Use
Source: Architecture 2030, from U.S. Energy Information
AdministrationBuildings 44.6%Industry 21.1%Transportation 34.3%
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAROLES IN THE PLANPresidents
Climate Action PlanCut Carbon Pollution in AmericaPrepare the
United States for the Impacts of Climate ChangeLead International
Efforts to Address Global Climate Change
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAPresidents Climate Action
PlanCut Carbon Pollution in America Deploying Clean EnergyBuilding
a 21st Century Transportation SystemCutting Energy Waste in Homes,
Businesses, and FactoriesReducing Other Greenhouse Gas
EmissionsLeading at the Federal Level
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAPresidents Climate Action
PlanCutting Energy Waste in Homes, Businesses, and FactoriesA New
Goal for Energy Efficiency StandardsReducing Barriers to Investment
in Energy EfficiencyUSDA RUS Energy Efficiency & Conservation
Loan ProgramExpanding the Presidents Better Buildings Challenge
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CABig Picture - C02 Emissions
by End Use
Source: Architecture 2030, from U.S. Energy Information
AdministrationBuildings 44.6%Industry 21.1%Transportation 34.3%
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CABig Picture - C02 Emissions
by End Use
Source: American Solar Energy Society, Tackling Climate Change
in the U.S. (2007)Links to print as pdfs
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Net Zero the Architecture 2030 Challenge
Carbon Neutral through - Design (energy efficiency, passive
solar)Renewable energy (on-site, off-site)
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAA Better Buildings
Challengefor Indian Country Include Tribes in the DOE Building
Energy Codes ProgramInternational Energy Conservation Code, a
minimum Make Net Zero fossil fuels the standardMeeting the need for
homes for Indian families can be part of the solutionMake sure the
USDA RUS EE&C Loan Program reaches Indian country
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CANative American Resources
CommitteeOnline Newsletter, ABA SEERRural Utilities Service Creates
New Energy Efficiency and Conservation Loan Program(78 Fed. Reg.
73356 (December 5, 2013)Volume 11, No. 1 (Oct. 2014)A Planned Issue
on Climate Change
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAA Better Buildings
Challengefor Indian Country200,000 net zero homes for Indian
familiesEquals annual savings of about 17.9 trillion BtuOr 5.24
billion kWhOr 3.09 million barrels of oil
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CALocal Government Action
Plans
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CALocal Government Climate
Action PlansEnergy managementTransportationWaste reductionLand
use
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAClimate Change Bluestune of
Honky Tonk Women (second verse)Science tells us that we are the
problemWeve got to cut emissions of greenhouse gasIn Washington
theres another kind of problemPoliticians with their heads stuck in
the sand
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CADont Even Think About It:Why
Our Brains Are Wired to Ignore Climate ChangeClimate change is not
just an environmental issue, its also an economic, health, justice,
national security, and human rights issue
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAClimate Change and
Tribes:Places at the Table; Roles in the Action Plan2015 National
Environmental Justice Conference Dean B. SuageeHobbs, Straus, Dean
& Walker [email protected]
#HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND,
OR | OKLAHOMA CITY, OK | SACRAMENTO, CAFebruary 15