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Attorney: Kim
Gottschalk, Heather
Kendall-Miller, Amy Bowers
Case Update
Climate change is one of the most challenging issues facing the world today. Its effects on indigenous peoples throughout the world are acute and will only get worse. The effects are especially pronounced in Alaska where 184 villages are threatened with removal. (See Alaska Report) NARF, in addition to working with some of its present clients on this issue, is working with the National Tribal Environmental Council (NTEC) on climate change issues and in particular on ensuring that climate change legislation and action at the national and international levels, incorporate Indigenous Peoples as sovereign partners in addressing this issue and provides them the needed resources for adaptation and mitigation. NTEC, NARF, NCAI and NWF worked together and created a set of Tribal Principles which should govern treatment of Tribes in any legislation.
NTEC and NARF attended a global summit on climate change in Alaska the week of April 20th to 24th, 2009. This conference resulted in the Anchorage Declaration of August 24, 2009 which will be taken to Copenhagen in December 2009 in connection with the renegotiation of the Kyoto Treaty.
The biggest news is the passage on June 26, 2009 of H.R. 2454, the American Clean Energy and Security Act. The vote was extremely close - 219-212. The bill is the first climate bill passed by either the full House or Senate. The House bill provides for reduced Green House Gas (GHG) emissions, renewable energy standards, energy efficiency standards, investment in carbon capture and sequestration, clean vehicles, clean energy, resources for states and tribes to engage in adaptation and help for low income consumers.
There are a good number of tribal provisions in the bill which treat them as sovereign partners in the effort to address this crucial issue. However, tribes are left out of key provisions as well, and funding of set-asides for Tribes is inadequate. Congressional focus now shifts to the Senate which came out with a draft bill on September 30, 2009. Markup will likely occur in mid-November. It remains to be seen if the bill will be voted on by the full Senate before the United Nations meeting in Copenhagen in December of 2009. The purpose of that meeting is to work toward a post Kyoto agreement. The Kyoto Agreement expires in 2012. We will work with Tribes and tribal organizations to strengthen the Bill in the Senate.
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