By Amber Penn-Roco

President Trump proposes to gut the National Environmental Policy Act (“NEPA”).

A proposed rule, now published in the Federal Register, suggests significant changes that would narrow the range of projects that would require NEPA review and impose strict deadlines for the completion of NEPA review. The changes would also eliminate the need for agencies to consider the “cumulative impacts” of projects, namely: climate change. The changes would also make it more difficult for affected local communities to comment on projects.

Minority communities would be disproportionately impacted by the proposed changes. “The most vulnerable communities are going to pay with lives and their health. They always have,” said Mustafa Santiago Ali with the National Wildlife Federation, previously a senior advisor at the Environmental Protection Agency. “Moving forward with this is reckless and will endanger the lives of black and brown communities and indigenous communities. It’s really that simple.”

Historically, the Intergovernmental Panel on Climate Change found that:

Indigenous peoples of North America are disproportionately vulnerable to climate change. The most vulnerable industries, settlements, and societies are generally those in coastal and river flood plains; those whose economies are closely linked with climate-sensitive resources; and those in areas prone to extreme weather events. Nearly all tribes fit into one of those categories . . .

The Intergovernmental Panel found that, in particular, Tribes that rely on fisheries will be significantly impacted by climate change, explaining:

The Environmental Protection Agency predicts that the next 40 to 80 years will see the loss of more than half of the salmon and trout habitats throughout the United States. These are fish that a large number of tribes rely on for subsistence, cultural practices, and economic development. Native foods and fisheries are also declining, and tribal access to traditional foods and medicines is often limited by reservation boundaries. The large role of climate change in separating tribal people from their natural resources poses a threat to Indigenous identity.

Indigenous communities will be disproportionally impacted by any impacts to the environment caused by the rollback of NEPA, particularly insofar as the proposed rule would: (1) eliminate the consideration of climate change impacts; while (2) limiting the voices of local communities.

That’d amount to a double whammy for Indigenous peoples.

The proposed rule is subject to a 60-day public comment period; public comments must be received by March 10, 2020. The proposed rule will also be subject to two public hearings, in Denver, Colorado on February 11, 2020; and in Washington, DC on February 25, 2020.

I strongly urge Indigenous communities and leaders to submit public comments challenging the proposed rule and to ensure Indigenous voices are heard at both of these hearings.

Amber Penn-Roco is an Owner of Galanda Broadman, PLLC. Amber practices in the firm’s Seattle office. Amber’s practice focuses on the protection of tribal environmental, natural and cultural resources. Her practice also includes promoting the economic development of tribes. She is an enrolled member of the Chehalis Tribe.