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Sunday, January 28, 2024

Climate-Endangered Tribe Sues Louisiana

By now, you're likely well aware of the climate crisis and its significant dangers to Indigenous communities the world over. The problem is especially magnified on islands and in coastal regions, where sea level rise can wipe away traditional homelands and make climate refugees of those who have been displaced. That's true even right here in the United States, where hundreds of Native communities -- in South Dakota, Alaska, Florida, Hawai'i, Washington, and Louisiana -- face existential threats.
 
And now, the first community to supposedly be moved from harm's way -- the Jean Charles Choctaw Nation -- is facing a new set of problems. Just before the new year, the tribe filed a landmark civil rights complaint with the U.S. Department of Housing and Urban Development (HUD) against the state of Louisiana. In 2016, HUD granted Louisiana $48 million in aid to resettle the tribe. But, its complaint asserts, Louisiana failed to properly implement the grant and has ethnically and racially discriminated, violated tribal sovereignty, excluded cultural components central to a proper relocation program, and provided poor replacement housing.
 
The Jean Charles Choctaw Nation has resided on the Isle de Jean Charles for five generations, since the ancestors of its citizens escaped the Trail of Tears in the early 1830s amid President Andrew Jackson's Indian Removal Act. Its homelands and burial grounds are located in a region facing perpetual devastation and erosion by storms and sea level rise. Since 1955, the Jean Charles Choctaw Nation has lost over 98 percent of its lands to the encroaching ocean.
 
It's also worth noting that the tribe is located in Terrebonne Parish, a region notorious for oil extraction, high pollution rates, and environmental justice violations. The Parish and over 90 percent of its property are largely controlled by non-local fossil fuel and chemical companies. The infamous "Cancer Alley" is just upstream.
 
By filing its complaint with HUD, the Jean Charles Choctaw Nation is looking to the federal agency to investigate the grant-funded resettlement program, currently run by Louisiana's Office of Community Development (OCD). The tribe hopes HUD will order OCD to respect tribal needs and authority as the program's implementation proceeds. The lawsuit is also significant in that, while the tribe has state recognition from Louisiana, it does not have federal recognition, which would extend access to more grants, disaster assistance, and various legal powers -- including constitutional protections and self-governance recognized by the United States.

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