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.

Environmental Victory for Alaska Natives

On January 8th, the U.S. Supreme Court rejected the State of Alaska's bid to fast-track the legal process, overrule the Environmental Protection Agency (EPA), and gain approval for the Pebble Mine -- slated to extract enormous amounts of copper, gold, and molybdenum from the pristine and sensitive ecosystem known as Bristol Bay. Located in a remote, wild, and generally uninhabited part of Southwest Alaska, Pebble is the largest known undeveloped copper ore body in the world.
 

The populations in the area rely heavily on wild resources for subsistence, harvesting moose, caribou and salmon. Wild resources play an important part in the region's cultural heritage. There are more than 30 Alaskan native tribes in the region that depend on salmon to support their traditional subsistence ways of life, in addition to other inhabitants and tourists in the area. A diverse coalition led by Alaska Natives has consistently fought against the proposed mine for more than two decades. It eventually gained support from the EPA, which ultimately blocked the mine proposal in January 2023 over concerns it would threaten an aquatic ecosystem supporting the world's most prolific sockeye salmon fishery.
 

This decision is significant, particularly considering the current High Court's tendency to support states' rights, limits on regulation -- especially of the environmental variety -- and corporate concerns. Alaska's request, filed in June, was unusual in that it sought to skip lower appeals courts to challenge the EPA's decision on the basis that it violated Alaska's state sovereignty.
 

Under the law, alleged violations of state sovereignty are one of the few categories of cases that grant the Supreme Court original jurisdiction -- meaning a state can bypass the usual state/federal court appeals process and file straight with the High Court. The justices could easily have decided to hear the case and decide in favor of the mining company, which has shown no qualms about engaging in some shady business practices over the years.
 

As the single most productive sockeye salmon fishery in the world, Bristol Bay contains biodiversity and abundant wild fish populations which present a stark contrast to many other fisheries in the Pacific Northwest (and worldwide). All five Eastern Pacific salmon species spawn in Bristol Bay's freshwater tributaries. Most have experienced severe depletion over the last few decades. Sockeye salmon, like all Pacific Salmon, are a keystone species, vital to the health of an entire ecosystem. Of course, salmon also provide a sacred food source for Indigenous communities up and down the West Coast.
 

Kudos to the United Tribes of Bristol Bay, a consortium of Alaska Native tribes fighting to preserve the traditional Yup'ik, Dena'ina, and Alutiiq ways of life in Southwest Alaska, for leading the charge. The Supreme Court's decision confirms all the hard work put in by tribes and allies, including the Save Bristol Bay Coalition. It remains to be seen whether Alaska's conservative leadership will continue with legal challenges at a lower court level -- but, for now, Indigenous People have won a big battle in this decades-long fight to protect their homelands.