Copyright (c) 1998 Widener Law Symposium
Widener Law Symposium
III. LEGAL STRUCTURE AND SUSTAINABLE DEVELOPMENT: TRIBAL SELF-DETERMINATION AND ENVIRONMENTAL FEDERALISM: CULTURAL VALUES AS A FORCE FOR SUSTAINABILITY
3 Wid. L. Symp. J. 229
Dean B. Suagee*
Coyote was going along and he saw a rock rolling down the hill. It rolled down toward some deer and they jumped. Coyote wondered who was rolling stones and looked up at the top of the hill. Another stone came rolling down past Coyote toward the deer and the deer jumped again. Then a third stone came down and the deer jumped only a little. They knew it was only a stone. 1
Can the law transform the concept of "sustainable development" from a slogan regarded by many as an oxymoron into a real life strategy for reversing the global trends of environmental degradation and pollution? Is unsustainable development really the result of regulatory failure? Does environmental federalism really hold some of the keys, as Professor Daniel Esty argues, 2 for transforming sustainable development into the norm rather than the exception?
My assigned role in this symposium was to comment on Professor Esty's paper. While some who listened to my speech might have wondered if I had even read Professor Esty's paper, I was in fact commenting on it. I was talking about something very important that he omitted-the roles of Indian tribal governments in making environmental federalism work. The scope of this Article is limited to addressing that omission. While the territory of how Indian tribal governments and other indigenous peoples can contribute to the quest for sustainable development is much broader than the topic of how tribes fit into environmental federalism, and while I am ...
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