Tribal Sovereignty and the Problem of Difference in Environmental Regulation: Observations on “Measured Separatism” in Indian Country

Abstract: The legal and juridical sovereignty of American Indian nations is supposed to help Native peoples maintain their own distinct political and cultural communities. In the context of environmental issues, this means that tribal governments have both the inherent and statutory right to set their own environmental standards, which have the potential to protect tribal peoples and their natural resources in culturally relevant ways. In the past, the US Supreme Court has sought to curtail this kind of sovereignty when the due process of non‐Indians might be hindered. In this article, we look at why tribal environmental sovereignty can and should address the issues of due process in the context of environmental regulation in tribal borders, and make a call for this to be done in a way that supports American Indian tribal sovereignty. Moreover, we connect these issues to the current legal and juridical struggles of other environmental justice groups and the need for more meaningful participation in environmental regulation within the nation‐state for all cultural minorities.     

Defining and Contesting Environmental Justice: Socio-natures and the Politics of Scale in the Delta

Abstract:  This article examines a contemporary process intended to "identify a strategy for managing the Sacramento–San Joaquin Delta as a sustainable ecosystem that would continue to support environmental and economic functions that are critical to the people of California" ( Delta Vision 2008 , http://deltavision.ca.gov/AboutDeltaVision.shtml ). Environmental injustices in the Delta are exacerbated by connected conflicts between knowledge and power, over the scale at which "environmental justice" and the "Delta" are understood through public policy. The rejection of environmental justice and the socio-natural in the Delta Vision process represents how contemporary policy processes are recreating and reenacting the power/knowledge dynamics that have defined the Delta, placed it on a path to ecological collapse and injected high levels of social and racial injustice in its landscape over the past 150 years. Our article combines an ethnographic and a historical geographical approach that contributes to the literature on environmental justice and scale and links with the literature on water governance and power to advance the task of defining environmental justice from the academic and policy perspectives.     

The Struggle for La Sierra: Sovereignty,property, and rights in the San Luis Valley

In 2002 the Colorado Supreme Court reversed decades of precedent in Lobato v. Taylor by awarding Hispano heirs to the Mexican-era Sangre de Cristo Land Grant renewed access rights to that grant's former communal land for grazing, timber, and firewood. Placing Lobato in historical context, this paper examines the contingent emergence of sovereignty and private property in the San Luis Valley of Southern Colorado through acts of violence, land loss, and dispossession. The paper argues that sovereignty and property, as forms of boundary drawing, are unfinished and contested projects rather than abstract, achieved universals. U.S. sovereignty in the San Luis Valley has emerged contingently through the iteration of private property, as struggles over resource access have produced sovereign effects. Such a perspective makes visible how Lobato has reiterated private property rights and U.S. sovereignty in ways that create new exclusions, even as the case returns access rights to the commons.     

Environmental Justice Meets Risk‐Class: The Relational Distribution of Environmental Bads

Recent treatments of environmental justice have highlighted the need to move beyond focusing upon inequalities in the distribution of environmental risks to address other aspects of environmental injustice, including unequal participation and recognition. While acknowledging the importance of extending environmental justice to include these other dimensions of justice, this paper argues that more, not less, analytical attention needs to be devoted to the diverse logics of distribution of environmental risks. In light of continuing dilemmas associated with whether environmental inequalities can be just or, alternatively, that environmental inequality and injustice are co‐extensive, this paper proposes to untangle some key connections between environmental inequalities and injustice through a critical confrontation of environmental justice with risk‐class analysis. Focusing on the positional or relational distribution of environmental bads as analysed in risk‐class analysis, this paper argues that bringing these two bodies of knowledge together can illuminate how relational inequalities have characteristics that make them particularly illegitimate from a justice perspective, thus making an advance in identifying key connections between environmental inequality and injustice.     

Beyond Distribution and Proximity: Exploring the Multiple Spatialities of Environmental Justice

Abstract:  Over the last decade the scope of the socio-environmental concerns included within an environmental justice framing has broadened and theoretical understandings of what defines and constitutes environmental injustice have diversified. This paper argues that this substantive and theoretical pluralism has implications for geographical inquiry and analysis, meaning that multiple forms of spatiality are entering our understanding of what it is that substantiates claims of environmental injustice in different contexts. In this light the simple geographies and spatial forms evident in much "first-generation" environmental justice research are proving insufficient. Instead a richer, multidimensional understanding of the different ways in which environmental justice and space are co-constituted is needed. This argument is developed by analysing a diversity of examples of socio-environmental concerns within a framework of three different notions of justice—as distribution, recognition and procedure. Implications for the strategies of environmental justice activism for the globalisation of the environmental justice frame and for future geographical research are considered.     

Placing Angola: Racialisation,Anthropocentrism, and Settler Colonialism at the Louisiana State Penitentiary's Angola Rodeo

The Louisiana State Penitentiary (Angola) is a site embedded with historical legacies of plantation slavery and settler colonialism; as the largest maximum security penitentiary in the United States, the prison also reflects the racial injustice of contemporary US mass incarceration. Situated on the site of an old plantation, the prison hosts the Angola Rodeo twice a year, an event that crystallises violent multispecies social relations in the merging of the US West and South as two distinct kinds of colonial projects. Whereas much scholarship and activism has worked against the wholesale dehumanisation inherent in chattel slavery, settler colonialism, and mass incarceration, this paper works to interrogate and disrupt the human–animal binary through which processes of dehumanisation are sustained. Drawing together postcolonial studies and animal studies, the paper centres empirical research on the Angola Rodeo to highlight how racialisation and anthropocentrism are intertwined logics of subordination and exclusion that carry forward into the present. Ultimately, the paper suggests the need for a mode of analysis and action that does not maintain the subordination of the animal, and instead, takes a de‐anthropocentric and decolonial approach to injustice.     

Re-Interpreting Modern Iran: Tribe and State in the Twentieth Century

For the nationalist elite of early Pahlavi Iran, the regime's military successes over tribal opposition, whether real or imagined, were welcomed and celebrated. These successes were interpreted as confirmation of their views of tribal power as hostile to modernity, archaic and outmoded, and of Riza Shah as the deliverer of Iran's national salvation. This conceptualization of the “tribal problem” had appeared in tandem with and as a product of modernist ideology in the late nineteenth century, acquired the backing of state power with the rise of the Pahlavi dynasty, and endured until the revolution of 1979. It communicated itself, in diluted form, to Western scholarship, which has been largely content to depict Riza Shah's tribal policies as regrettably brutal, but an unavoidable stage in Iran's progress and “modernization.”

Yet this version of tribe–state relations is clearly an ideological construct rather than an historical analysis. The account which follows begins a re-evaluation of tribal politics in modern Iran, focusing especially on the Riza Shah decades when these politics were a site of intense conflict and where the nationalist template was most starkly delineated, and concludes by tracing and re-examining the evolution of the tribe–state dynamic in the decades of land reform and revolution.     

Acknowledging the Racial State: An Agenda for Environmental Justice Research

Abstract:  This paper argues that environmental justice scholars have tended to overlook the significance of the state's role in shaping understandings of race and racism, and argues for the use of critical race theory to deepen insight into the role of the state in both fostering and responding to conditions of racialized environmental injustice. Critical race theory offers insights into both why and how the state manages racial categories in such a way as to produce environmental injustice, and how the state responds to the claims of the environmental justice movement. Closer attention to the interplay between the racial state and the environmental justice movement as a racial social movement will yield important insights into the conditions, processes, institutions and state apparatuses that foster environmental injustice and that delimit the possibilities for achieving environmental justice in some form or another.     

U.S. Environmental Policy Implementation on Tribal Lands: Trust,Neglect, and Justice

This study investigates the implementation of U.S. environmental protection laws under American Indian tribal governance. The landmark laws of the 1970s that form the core of America's environmental policy regime made no mention of American Indian tribal lands, and the subsequent research literature on environmental policy has given them little attention. The U.S. Environmental Protection Agency has primary implementation responsibility for environmental protection laws on tribal lands, which offers a unique opportunity to study direct federal implementation apart from typical joint state–federal implementation. Further, because Indian reservations are homes to a disproportionately poor, historically subjugated racial group, analysis of environmental programs on tribal lands offers a unique perspective on environmental justice. We analyze enforcement of and compliance with the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) to compare the implementation of environmental policy on tribal lands with nontribal facilities. Analysis reveals that, compared with nontribal facilities, tribal facilities experience less rigorous CWA and SDWA enforcement and are more likely to violate these laws.     

Struggles for Environmental Justice in US Prisons and Jails

In this paper I ask how might environmental justice studies scholarship be recast if we consider the phenomenon of environmental injustice as a form of criminalisation? In other words, since environmental injustice is frequently a product of state‐sanctioned violence against communities of colour, then what are the implications of reframing it as a practice of treating those populations as criminally suspect and as deserving of state punishment? Moreover, how are the targets and survivors of environmental injustice/racism enlisted in generative ways that resist that criminalisation and support abolition? I answer these questions through a consideration of how struggles inside and outside of carceral spaces represent urgent and timely opportunities to rethink the possibilities of environmental justice theory and politics by linking them to practices and visions of abolition ecology and critical environmental justice.     

Pastoralism and conservation: The politics and notions of environmental justice under the grazing ban policy in Inner Mongolia,China

Environmental justice is a key concept for understanding the contested relationship between pastoralism and conservation. Our study adopted a political approach to examine conservation, pastoralism, and justice in the context of the grazing ban policy in China. Employing a qualitative, in-depth case study, we investigated the local political actors and processes that lead to environmental (in)justice. The evidence shows how injustice is perpetuated by both centralized and decentralized political processes and how herders use their knowledge and strategies in resistance to the injustice. In addition, the study contributed to a pluralistic understanding of justice by examining the different notions of justice held by the herders. We found that herders perceive injustices through different lenses, namely economic, ecological, and cultural aspects. Further, the similarities and differences between Han and Mongolian herders are discussed in terms of their notions of environmental justice and counteractions.     

2. INDIGENOUS POWER IN THE COMANCHE EMPIRE

Pekka Hämäläinen's The Comanche Empire reflects critical historiographical turns—indigenous power, responses to settler colonialism, and a reorientation of perspective—while uncovering new directions in American Indian history. Moreover, his four‐part framework for understanding power—spatial control, economic control, assimilation, and influence over neighbors—provides a useful model for analyzing indigenous polities in other places and times. However, by not explicitly framing the narrative of the Comanche empire within notions of sovereignty, Hämäläinen leaves open opportunities for other scholars of the Comanche and of Native North America. Future historical studies of Native sovereignty, though, should include tribally specific notions of sovereignty and ways of knowing and remembering the past.     

Agamben,Postcoloniality, and Sovereignty in South Korea

This paper examines modern Korean politics through the framework of Giorgio Agamben's theories of sovereign power, bare life, and the state of exception. Though his political analysis draws from the European history, we contend that the nature of his method attests to the possibility of analogical examples in non‐Western places. Thus, we argue that a postcolonial encounter with Agamben may enrich our understanding of sovereignty and political geography. In the Korean context, such an analysis needs to consider that sovereign power has been shaped by the itineraries of colonialism and empire. Korea's political space is deeply marked by the legacy of Japanese colonialism, the imperial interventions by the U.S., and the division of the peninsula. Thus, Korea offers a valuable lens through which to read Agamben's critique of sovereignty. Our paper offers such a reading to argue that a state of exception functions as the underlying nomos for postcolonial Korea.     

Scale frames and counter-scale frames: constructing the problem of environmental injustice

The concept of environmental injustice raises difficult questions about on how best to measure and address environmental inequities across space, and environmental justice politics are permeated by considerable debate over the nature and spatial extent of both problem and possible solutions. This paper theorizes the politics of environmental justice as a politics of scale in order to explore how environmental justice activists respond to the scalar ambiguity inherent in the political concept of environmental justice. With a case study of a controversy over a proposed polyvinylchloride production facility in rural Convent, Louisiana, I develop the concept of scale frames and counter-scale frames as strategic discursive representations of a social grievance that do the work of naming, blaming, and claiming, with meaningful reference to particular geographic scales. The significance of scale is expressed alternatively within these frames as an analytical spatial category, as scales of regulation, as territorial framework(s) for cultural legitimacy, and as a means of inclusion, exclusion and legitimation.     

‘Annamese Coolies’ at Australian Ports: Charting Colonial Geographies of Emotion,and Settler Memory,from French Vietnam to New Caledonia via Interwar Australia

In 1927, a ship carrying indentured Vietnamese workers travelled down the eastern coast of Australia on its way to New Caledonia. The movement of the Ville d’Amiens steamer through Australian waters sparked protests against alleged ‘French slavery’ and, eventually, moved politicians to recall the ‘injustice’ of the ‘pre-White Australia’ era. This article uses the Ville d’Amiens episode as a portal through which to explore the nexus between geographies of colonialism and of emotion. It argues that colonial and national power operated in pervasively ‘triangular’ ways, via the interplay of an affective triangle – of guilt, shame and pride – and a geo-political triangle – of French Vietnam, Australia and New Caledonia. Further, the article calls for greater exploration of the historical, geo-spatial contingencies of memory, motion and emotion.     

Emotional healing as part of environmental and climate justice processes: Frameworks and community-based experiences in times of environmental suffering

This paper seeks to discuss the political role of healing practices in the context of climate and environmental justice struggles. We rely on literature and practices that have identified healing as a means for liberation from structural oppression and physical and symbolic violence, to humans, non-humans and nature – namely emotional political ecologies, transformative and healing justice and communitarian feminism. We also briefly discuss the experience of three collectives in Mexico, Colombia, and Spain who develop healing strategies as a way to emotionally support local communities exposed to territorial, environmental, and climate impacts and injustice. We argue that by further addressing the political dimensions of healing in environmental and climate justice, researchers, activists, and practitioners could expand the conceptualisation of (a) the spatial and temporal scales of climate justice by further engaging with the inter- and intra-generational emotional implications of environmental injustice, and (b) environmental and climate justice as a multidimensional and nonlinear collective emotional process.     

Gendered Geographies of Environmental Injustice

Abstract:  As environmental justice concerns become more widely embedded in environmental organizations and policymaking, and increasingly the focus of academic study, the gender dimension dissolves into an exclusive focus on race/ethnicity and class/income. While grassroots campaigning activities were often dominated by women, in the more institutionalized activities of organizations dominated by salaried professionals, gender inequality is neglected as a vector of environmental injustice, and addressing this inequality is not considered a strategy for redress. This paper explores some of the reasons why this may be so, which include a lack of visibility of gendered environmental injustice; professional campaigning organizations which are themselves gender blind; institutions at a range of scales which are still structured by gender (as well as class and race) inequalities; and an intellectual academy which continues to marginalize the study of gender—and women's—inequality. The authors draw on experience of environmental activism, participant observation, and other qualitative research into the gendering of environmental activity, to first explore the constructions of scale to see how this might limit a gender-fair approach to environmental justice. Following this, the practice of "gender mainstreaming" in environmental organizations and institutions will be examined, demonstrating how this is limited in scope and fails to impact on the gendering of environmental injustice.     

“To see things in an objective light”: the Dakota Access Pipeline and the ongoing construction of settler colonial landscapes

ABSTRACT

This paper examines the discourses used by proponents of the Dakota Access Pipeline (DAPL) as claims of universality to which the Standing Rock Sioux tribe and allied activists mounted a movement of opposition in 2014–2017. We position our analysis within the historical context of Lakota and Dakota resistance to settler colonialism, which has endured since the nineteenth century. From publicly available texts circulated by key actors in the conflict over the construction of this pipeline project, we identify themes that proponents of this project drew upon to articulate their representations of the land as universal. We suggest that claims like these, when naturalized in practice, have historically materialized in settler colonial landscapes. With the concept of settler colonial landscapes, we focus on ways of seeing and representing places that have facilitated the dispossession of Indigenous people from their territory as well as the construction of a settler-dominated community. In this way, we develop a cultural geographical understanding of the ongoing construction of settler colonial landscapes as a process dependent on claims to neutrality and objectivity.     

Urban Agriculture in the Food‐Disabling City: (Re)defining Urban Food Justice,Reimagining a Politics of Empowerment

Recent literature has pointed to the role of urban agriculture in self‐empowerment and learning, and in constituting ways to achieve food justice. Building on this work the paper looks at the potential and constraints for overcoming the residual and contingent status of urban agriculture. The first part of the paper aims to expand traditional class/race/ethnicity discussions and to reflect on global, cultural, procedural, capability, distributional and socio‐environmental forms of injustice that unfold in the different stages of urban food production. The second part reflects on how to bring forward food justice and build a politics of engagement, capability and empowerment. Three interlinked strategies for action are presented: (1) enhancing the reflexivity and cohesion of the urban food movement by articulating a challenge to neoliberal urbanism; (2) converging urban and agrarian food justice struggles by shaping urban agroecology; and (3) regaining control over social reproduction by engaging with food commoning.