Roles in the Action Plan 2015 National Environmental Justice Conference
Dean B. Suagee Hobbs, Straus, Dean & Walker LLP dsuagee@hobbstraus.com HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Overview of Presentation Tribes as Sovereign Governments Places at the Table Federal Review Processes The Big Picture Roles in the Action Plan A Better Buildings Challenge for Indian Country HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Natural Resources & Environment
American Bar Association, Section of Environment, Energy & Resources
Tribal Self-Determination in a Low-Carbon Economy, 2010
Consulting with Tribes for Off-Reservation Projects, 2010 Solar Energy: Lets Get Passive!, 2011 Tribal Climate Crisis Tax-Exempt Bonds, 2013 A Better Buildings Challenge for Indian Country, 2014 The 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, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Tribes as Sovereign Governments
Power to Make and Enforce Laws Inherent tribal sovereignty Delegated federal authority
Governmental Service Programs
Federal assistance for tribal governments Federal assistance for state & local govts
Power to Raise Revenue
HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Tribes as Sovereign Governments
Power to Make and Enforce Laws Inherent tribal sovereignty Like states but different The importance of cultural identity
Limits imposed by federal law
Acts of Congress Treaties Implicit Divestiture HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Tribes as Sovereign Governments
Governmental Service Programs Federal assistance for tribal governments Self-Determination contracts Self-Governance compacts
Federal assistance for states & local govts
Tribes are often overlooked In some cases, parallel programs Sometimes included, but awkwardly HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Tribes as Sovereign Governments
Power to Raise Revenue Limits on ability to tax Legal, e.g. implicit divestiture Practical limits
Limits on use of tax-exempt bonds
Tribal Climate Crisis Tax-Exempt Bonds, 2013
HOBBS STRAUS DEAN & WALKER, LLP
WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
Places at the Table
Federal Review Processes National Historic Preservation Act (NHPA) Advisory Council on Historic Preservation regulations, 36 CFR part 800 Can be used to bring traditional ecological knowledge into federal agency decision-making processes
National Environmental Policy Act (NEPA)
CEQ regulations, 40 CFR parts 1500 - 1508 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
NHPA 1992 Amendments
Places of religious and cultural significance for tribes (and Native Hawaiian organizations) may be eligible for the National Register of Historic Places Such places may be traditional cultural properties that are (a) rooted in a communitys history and (b) important for maintaining cultural identity National 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, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
National Environmental Policy Act
Council on Environmental Quality (CEQ) Guidance Documents Consideration of GHG emissions and effects of climate change in NEPA reviews Revised draft, Dec. 24, 2014, Federal Register
Programmatic NEPA reviews
Final, Dec. 23, 2014, Federal Register
HOBBS STRAUS DEAN & WALKER, LLP
WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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THE BIG PICTURE
National Climate Assessment
HOBBS STRAUS DEAN & WALKER, LLP
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National Climate Assessment
Impacts on Indigenous Peoples Reduced access to traditional foods Decreasing water quality and quantity, less predictability Declining sea ice many impacts in Alaska Thawing permafrost stressing traditions, damaging infrastructure Relocation, in Alaska and other coastal areas HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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National Climate Assessment
HOBBS STRAUS DEAN & WALKER, LLP
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National Climate Assessment
To 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, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Intergovernmental Panel on Climate Change
HOBBS STRAUS DEAN & WALKER, LLP
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Intergovernmental Panel on Climate Change A scenario that limits GHG concentrations to 450 ppm CO2 equivalent is likely to limit warming to 2 degrees C over the 21 st century relative to pre-industrial levels Requires emissions reductions of 40 to 70% from 2010 levels by 2050, further reduction to near zero or below by 2100 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Carbon Tracker Initiative
carbontracker.org Unburnable 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, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Global Warmings Terrifying New Math
Bill McKibben, Rolling Stone (July 2012) Three key numbers 2 degrees Celsius, 3.6 degrees F Target temperature rise over pre-industrial level 565 Gigatons of carbon dioxide carbon budget by mid century 2,795 Gigatons Proven fossil fuel reserves About 80% of known fossil fuel reserves must be left in place HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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350.org
HOBBS STRAUS DEAN & WALKER, LLP
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http://arxiv.org/abs/0804.1126 Open Atmos. Sci. J (2008), vol. 2
HOBBS STRAUS DEAN & WALKER, LLP
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CO2 reductions from energy efficiency
and renewable energy
HOBBS STRAUS DEAN & WALKER, LLP
Source: ASES, Tackling Climate Change
WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Path to a Sustainable, Renewable Energy Future
HOBBS STRAUS DEAN & WALKER, LLP
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Jobs in Renewable Energy
International Renewable Energy Agency working paper (2011) Renewable Energy Jobs: Status, Prospects & Policies; Biofuels & Grid Connected Electricity More labor intensive (by output & investment)
Environmental and Energy Study Institute
Fact Sheet: Jobs in Renewable Energy and Energy Efficiency (2013)
HOBBS STRAUS DEAN & WALKER, LLP
WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Dont Even Think About It:
Why Our Brains Are Wired to Ignore Climate Change By George Marshall (2014) climate conviction.org Rational brain v. emotional brain Information doesnt do it Trustworthiness of the messenger HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Connecting Some of the Dots
The Big Picture U.S. GHG Emissions by Sector 1990 - 2012 Electricity 32% Transportation 28% Industry 20% Residential & Commercial 10% Agriculture 10% Source: EPA Inventory of U.S. GHG Emissions (April 2014) HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Big Picture - C02 Emissions by End Use
Buildings
44.6%
Industry
21.1%
Transportation 34.3%
Source: Architecture 2030, from U.S. Energy Information Administration
HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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ROLES IN THE PLAN
Presidents Climate Action Plan Cut Carbon Pollution in America Prepare the United States for the Impacts of Climate Change Lead International Efforts to Address Global Climate Change HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Presidents Climate Action Plan
Cut Carbon Pollution in America Deploying Clean Energy Building a 21st Century Transportation System Cutting Energy Waste in Homes, Businesses, and Factories Reducing Other Greenhouse Gas Emissions Leading at the Federal Level
HOBBS STRAUS DEAN & WALKER, LLP
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Presidents Climate Action Plan
Cutting Energy Waste in Homes, Businesses, and Factories A New Goal for Energy Efficiency Standards Reducing Barriers to Investment in Energy Efficiency USDA RUS Energy Efficiency & Conservation Loan Program
Expanding the Presidents Better Buildings
Challenge HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Big Picture - C02 Emissions by End Use
Buildings
44.6%
Industry
21.1%
Transportation 34.3%
Source: Architecture 2030, from U.S. Energy Information Administration
HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Links to print as pdfs
Big Picture - C02 Emissions by End Use
Source: American Solar Energy Society,
Tackling Climate Change in the U.S. (2007) HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Net Zero the Architecture 2030 Challenge
Carbon Neutral through Design (energy efficiency, passive solar)
Renewable energy (on-site, off-site) HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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A Better Buildings Challenge
for Indian Country Include Tribes in the DOE Building Energy Codes Program International Energy Conservation Code, a minimum
Make Net Zero fossil fuels the standard
Meeting the need for homes for Indian families can be part of the solution
Make sure the USDA RUS EE&C Loan Program
reaches Indian country HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Native American Resources Committee
Online Newsletter, ABA SEER Rural 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, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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A Better Buildings Challenge
for Indian Country 200,000 net zero homes for Indian families Equals annual savings of about 17.9 trillion Btu Or 5.24 billion kWh Or 3.09 million barrels of oil HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Local Government Action Plans
HOBBS STRAUS DEAN & WALKER, LLP
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Local Government Climate Action Plans
Energy management Transportation Waste reduction Land use
HOBBS STRAUS DEAN & WALKER, LLP
WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Climate Change Blues
tune of Honky Tonk Women (second verse) Science tells us that we are the problem Weve got to cut emissions of greenhouse gas In Washington theres another kind of problem Politicians with their heads stuck in the sand HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Dont Even Think About It:
Why Our Brains Are Wired to Ignore Climate Change Climate change is not just an environmental issue, its also an economic, health, justice, national security, and human rights issue HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
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Climate Change and Tribes:
Places at the Table; Roles in the Action Plan 2015 National Environmental Justice Conference
Dean B. Suagee Hobbs, Straus, Dean & Walker LLP dsuagee@hobbstraus.com HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA
