Climate Change and Tribes: Places at the Table; Roles in the Action Plan

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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


Path to a Sustainable, Renewable Energy Future


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


Source: Architecture 2030, from U.S. Energy Information AdministrationBuildings 44.6%Industry 21.1%Transportation 34.3%


Source: American Solar Energy Society, Tackling Climate Change in the U.S. (2007)Links to print as pdfs


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, 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