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Commercial Solid and Hazardous Waste Disposal Projects on Indian Lands
Abstract
Recently, the media has created a steady drumbeat of misinformed stories claiming that Indian tribes and reservations alone have been targeted by waste companies, and that the waste industry is marauding unchecked in Indian country immune from any environmental regulation. This article analyzes the controversial issue of using Indian reservations as sites for commercial solid and hazardous waste facilities and provides a model for planning, developing, and regulating commercial waste projects on Indian lands. The article concludes that, under certain circumstances, and with an adequate regulatory program, a waste disposal project may be a viable and appropriate form of industrial development for some tribes and can provide opportunities for economic development on some reservations.
... The fact is that Tribes have seriously considered very few waste proposals and acted on even fewer. 65 Tribes are fully capable of deciding for themselves when projects will or will not serve their best interests. 66 As a result, what initially may appear to be a classic environmental justice siting issue in a tribal community, may in fact be a legitimate exercise of tribal sovereignty and self-determination authorizing a viable, well planned, and regulated economic development project fully supported by the Tribe and tribal community. ...
This is the latest version of a document periodically produced since the early 1980's. It combines an outline of the field of natural resource and environmental economics with a bibliography of 945 references. In the past, this reading list has been used in a variety of ways: as a guide to the literature for graduate students in departments of economics which do not offer a Ph.D.-level survey course of the field; as a resource for Ph.D. students who wish to develop a directed readings course in the field; and as an aid to students at the masters and undergraduate levels who wish to explore selected areas in greater depth.
This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.
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