The Intersection of Tribal and Environmental Law

by Amber Aumiller, graduate assistant, Sustainability Office

While many of us are aware of some of the federal environmental protections that became law and policy in 1970 thanks to pressure from an increasingly aware and concerned citizen population, as well as the recent rollbacks of environmental protections attempted under the Trump administration, not many people are aware of the role tribal nations can and are playing in environmental protections.  Tribes are generally free to develop their own governments unless they have been restricted by the federal government via treaties, statutes, or dependence. American Indian land has also historically suffered some of the heaviest pollution, like the legacy of uranium mining on the Navajo Nation.  The development of sovereign tribal environmental law provides an opportunity to not only address holes in federal regulations surrounding things like pollution due to resource extraction, but can also bolster protections for indigenous sovereign rights, and provide a systematic structure for addressing a future made unpredictable by climate change. Our laws are an expression of what we value and sovereign tribal environmental law is helping to push the boundaries of environmental protection and conservation to support values beyond economic profit.

S.J. Quinney’s College of Law School Dean Elizabeth Kronk Warner’s lecture, “Tribal Environmental Law” on Tuesday, January 14th, from 4 – 5 p.m., in ASB 210, will examine the intersection of tribal law and environmental law and look at ways tribal law is helping to innovate beyond federal environmental law. The talk will also explore opportunities for fields and disciplines other than law to engage in the development of tribal environmental law.

Kronk Warner, a citizen of the Sault Ste. Marie Tribe of Chippewa Indians is both the first female and the first Native American dean at the University of Utah’s S.J. Quinney College of Law. She grew up with the challenges of reservation life and cites her parents, both attorneys, as inspiration for her career trajectory. “I saw all the positives there were to being a lawyer and the difference you can make being a part of your community and that was very inspirational to me,” she says.  After earning a B.S. in Communication from Cornell University, Kronk Warner earned her Juris Doctorate at the University of Michigan, both schools appealing to her for their strength in American Indian programs.  She practiced environmental, Indian and energy law for years before serving in faculty positions at Texas Tech University, the University of Montana, and as the Associate Dean and Professor of Law for the University of Kansas Law School.  She was also the Director of the Tribal Law and Government Center and a leader in developing diversity, equity, and inclusion efforts in both curriculum and among staff and students at the University of Kansas Law School.  With her natural leadership skills, a long list of accolades following hard and passionate work, and her vision for possibilities and constructive solutions she is already building a foundation for an inspiring and impactful future at Utah’s S.J. Quinney College of Law.

As a nationally recognized expert on where environmental and tribal law converge, she speaks to the need for the tailoring of solutions to places. “Many of our environmental protection laws were developed in the 60’s, 70’s and 80’s, and there hasn’t really been any notable innovation in federal law since then,” says Kronk Warner. “There are some real environmental issues which have come to the forefront more recently, like the effects of climate change, so tribes all over the country have been addressing the issues on a local scale.” Climate change affects specific locations differently from others and tribes, as sovereigns, can enact and enforce tribal environmental laws that are suited to the needs and ethics of the tribal community as well as the situational circumstances of the historical present with an eye toward the future. “Tribes are out front in terms of developing mitigation and adaptation plans to deal with climate change and its effects,” she reminds us.

To learn more about the sovereignty of tribes, the laws being implemented, and the exciting possibilities for furthering environmental protections come to ASB 210 on Tuesday, January 14th for Dean Kronk Warner’s lecture, “Tribal Environmental Law” as part of the GCSC seminar series.  As always, there will be coffee and treats so bring your mug and enjoy!

Building Climate Change Resilience

by Amber Aumiller, graduate assistant, Sustainability Office

Growing our climate literacy empowers us to take steps to help ourselves, help others, and broaden our impact toward sustaining our world, but learning about the complex multitude of mounting problems can also tumble us into deep feelings of stress, fear, anxiety, and grief.  A growing part of our population is experiencing “ecological grief.”  Psychology Today defines it as “a fairly recent psychological disorder afflicting individuals who worry about the environmental crisis.” It can be characterized by elevated rates of depression, anxiety, anger, hopelessness, despair, and a feeling of loss. 

It is neither a surprising nor an inappropriate response given the magnitude of the problem. Massive species extinctions are occurring at unprecedented rates due to human activity. On land, amphibians and reptiles are suffering the most, we’re down 3 billion birds in North America since 1970, and the oceans are acidifying and losing oxygen-giving plankton. In Utah, we’ve lost 41% of our snowpack since 1980. 

We face problems with water supply, environmental degradation, severe weather, and the overlapping implications for our physical health, mental health, and community health due to living out of balance with the ecosystems that contain us. It is no wonder that we feel overwhelmed, frustrated and powerless. 

So how can we address these feelings? While we mourn the mistakes and losses, there are ways we can take care of ourselves, heal, and maintain our ability to keep facing issues with vibrant and creative solutions. Research tells us that one of the best ways to combat eco-anxiety, depression, and grief is to start with building social cohesion. A developing sense of isolation and not belonging spirals the feedback loop of loss faster. Nurturing our relationships and connections to each other not only enhances our personal feelings of resilience but also constructs networks across knowledge and skills that can contribute to creative solutions. 

Communities aligned by common goals can reduce the severity of the impact of climate change. Simply helping each other out in neighborly ways can boost feelings of empowerment and ease our anxiety and depression according to a report published by the American Psychological Association. The report also noted a decrease in depression when healthy lifestyle choices were adopted, like walking, biking, or taking public transit. Green spaces in cities help, too. During the Chicago heatwave, there was a reduction in deaths in parts of the city that had green spaces. Going to the park, working in the garden, or going for a hike in the mountains can lift your spirits and increase your chances of survival during climate stress events.

Here at the U, there are countless people focused on preparing us to adapt and withstand the changes wrought by a changing climate. We have faculty and students conducting cutting-edge research on climate-related issues and dedicated individuals focused on implementing solutions at the local level. Getting involved can be as easy as volunteering through the Bennion Center or joining one of the student clubs addressing environmental issues on campus. One such organization, the Future Clinicians for Clean Air, founded by graduate students in the health sciences, aims to use research and evidence to advocate for clean air policies in the Utah legislature, bridging the current gap between science and policy. They have two events coming up in January that provide a way to get involved: one focusing on air quality and health, and the other on advocacy training and air quality bills coming up in 2020 with policy experts from HEAL Utah

The counseling center at the U has many resources for mental healthcare including a Mindfulness Center, featuring free facilitated drop-in meditation and free workshops for coping with anxiety and depression. The Huntsman family also recently donated $150 million to the U to establish The Huntsman Mental Health Institute. This much-needed investment will increase access to mental health services for college-age students as well as the broader community.

Another great resource is the Good Grief Network, co-founded by U alumn LaUra Schmidt. The Good Grief Network offers a unique 10-step program that guides groups through eco-anxiety and climate-grief in a community setting with reminders of the importance of practicing gratitude, showing up, and resting when needed. Their model has inspired local community building internationally and their website also features resource links to articles, documentaries, books, and poetry that educate and inspire action.

While coming to terms with climate change can be overwhelming, it’s okay to start small, focus locally, bring your skillset to the table, and remember to be kind to each other, because together we become more powerful in our ability to take care of ourselves, each other, and the planet.

 

Humans of the U: Piper Christian

This article was originally published in@theu on November 14, 2019.

“At the age of 16, I had the opportunity to travel to Paris during the COP 21 climate accords. As a junior correspondent for a Utah news station, I was tasked with reporting the events of the accords back to my home state. I wanted to know, ‘How are ordinary people confronting environmental threats in meaningful ways?’ To answer this question, I interviewed dozens of strangers throughout the city.

By the end of my project, the stories I gathered spanned six continents. My favorite story came from Melati Wijsen, a student who, with her younger sister, Isabel, convinced the governor of Bali to ban plastic bags when she was only 12 years old and Isabel was 10.

When I returned to Utah, I collaborated with students statewide to pass a climate change resolution through the Utah State Legislature, in 2018. Utah was the first predominantly Republican state in the country to acknowledge climate change in this capacity.

As an adolescent, I was troubled by the fact that Utah’s leaders were not speaking about climate change despite the threat it posed to our state. As we experience warmer winters, our yearly snowpack is shrinking, which not only hurts our world-renowned ski industry but also reduces our water supply that we depend on as one of the driest states in the country.

As a student, I believe that I, and others, can and should pressure our leaders to take action since ultimately my generation and generations to come will carry the greatest burden of climate impacts.

Looking to the future, I hope to pursue environmental law, serve as a city planner or study environmental economics.

Currently, I am the vice president of a new club on campus called Utah Climate Advocates. Our club focuses on projects pertaining to climate action and environmental justice. We have been meeting with congressional staffers to discuss climate policies, and we are exploring environmental justice projects in the Salt Lake area.

This semester, I helped organize the University of Utah’s involvement in the Global Climate Strike. On Sept. 20, more than 100 U students walked out of class to demand global action to address climate change. We guided students to the City and County Building, then marched with a crowd of over 2,000 to the state capitol.

While I’m daunted by the future of our planet, it is the stories of my fellow climate activists that help me persist.”

—Piper Christian, U student double majoring in Environmental Studies and Political Science

We’ll be featuring Humans of the U and sharing their stories throughout the year with the university community. If you know someone with a compelling story, let us know at ThisWeek@utah.edu.

What inspires environmental action?

This is one in a series of stories about a clean air symposium held at the University of Utah on Oct. 3, 2019. The article was written by University of Utah Communications and published in @theu November 8, 2019.

There’s nothing like a crisis to motivate people to change their behaviors.

But when it comes to improving Utah’s air quality and slowing down climate change, action can be taken now to protect the state’s public health, economy and quality of life, according to a panel of University of Utah professors speaking on environmental change.

The panel was one of several presented at the symposium “The Air We Breathe: A Multidisciplinary Perspective on Air Quality.” The symposium took place Oct. 3, 2019, at the U.

Utah has serious air quality problems that “many people try to ignore on a day-to-day basis,” says Tabitha Benney, assistant professor of political science. She said behavioral studies show that a crisis can be “very useful in bringing about environmental change…. Do we want to get to that point? Hopefully, we won’t have to before we make decisions that help us in the long run.”

She is studying what would motivate Utahns to make changes to improve air quality by surveying almost 1,000 people across the state. The goal is to better understand perceptions and misperceptions about air quality, to explain behaviors Utahns take or don’t take to reduce air pollution, to motivate environmental actions and spur policy.

Benney has hypothesized that political orientation, socioeconomic background, religiosity and other factors affect Utahns’ environmental values and beliefs. Preliminary results show that roughly one-third of respondents believe air pollution in Utah isn’t caused by human behavior. And about half of the respondents were unsure if the government should implement policies to solve environmental problems.

While individual actions are important, government policy is seen as key to improving Utah’s air quality and reducing greenhouse gas emissions. That’s why the U’s Kem C. Gardner Policy Institute is studying science-based solutions to both those problems at the request of the Utah Legislature.

Logan Mitchell, U research assistant professor of atmospheric sciences and a member of the institute’s technical team, said the three drivers of air pollution emissions are electricity production, vehicles and buildings. The community should be focused on implementing policies in those three areas, including accelerating the transition to renewable energy and building homes and offices that run on electricity instead of natural gas, he said.

Mitchell said the advisory panel’s final recommendations are due Dec. 13. For individuals who want to take action, he said: “The most important thing as a citizen is to look at those things and let your legislator know you care … and that you’d like to see urgent action that will engender systemic change.”

Panelist Cheryl Pirozzi, a pulmonologist and assistant professor of internal medicine, said the health effects of air pollution would worsen as the temperature climbs due to an increase in wildfires and because warmer temperatures lead to more ground-level ozone. These effects should factor into the cost-benefit analysis of changing policies. She and other U researchers have found that during typical inversions, older adults are about 2.5 times more likely to have pneumonia and three times more likely to die in the hospital with pneumonia.

Still, it was the economic figure in her study that made an impact. The study estimated that reducing air pollution to healthy levels would save more than $800,000 in direct medical costs. The dollar amount “caught more attention than the health outcomes,” she said.

Stephen Bannister, associate professor (lecturer) of economics, agreed that economics is a good motivator for spurring change. “The one incentive that really changes everybody’s behavior is large price differentials,” he said, adding that there needs to be a massive decrease in the cost of clean energy technologies to reduce reliance on fossil fuels.

Selling the public—and the auto and petroleum sector—on the money to be made by moving to clean energy would be a good motivator, according to the panel. Benney said her survey has shown that Utahns, regardless of their age or political party, are more willing to take environmental action when they know one key element: the positive economic benefits of change.

Panelists: Stephen Bannister, associate professor (lecturer), economics and director of the MIAGE Program, College of Social and Behavioral Science; Tabitha Benney, assistant professor, political science, College of Social and Behavioral Science; Logan Mitchell, research assistant professor, Department of Atmospheric Sciences, College of Mines and Earth Sciences; Cheryl Pirozzi, assistant professor (clinical), Division of Pulmonary Medicine, University of Utah School of Medicine.

Moderator: Brenda Bowen, associate professor, Department of Geology & Geophysics, College of Mines and Earth Sciences, and director of the Global Change and Sustainability Center.

 

Policy, Media and the Public: Driving the Agenda for Change

By Amber Aumiller, graduate assistant, Sustainability Office

How much impact does the media actually have on policy change?  How much impact does the public have?  Knowing the answers to these questions is absolutely critical in a global moment where the effects of climate change necessitate a swift environmental policy or regulatory response. Knowing what the components of change are and how they work together is crucial in identifying the intersections of influence needed to pressure government to take appropriate and constructive action. Dr. Juliet Carlisle’s work looks at how the public, media and government officials attend to a slow-moving crisis (like drought, for instance), and how this attention shifts across the slower lifespan of the crisis. Looking at the relationships between corresponding streams of attention can help explain how windows for policy change open. Dr. Carlisle shows that even a crisis that takes years to unfold can capture attention and produce policy change. This underscores the significance of our roles as producers and consumers of media and citizens of a nation. 

On Tuesday, January 28th,  Professor Carlisle will help explain how the recent California drought captured and sustained attention to yield policy change in her lecture, “Driving the Agenda?: California Drought in the 21st Century,” from 4-5 p.m. in room 210 of the Aline B. Skaggs Biology Building as part of the Global Change and Sustainability Center’s Seminar Series.

Dr. Carlisle is an Associate Professor in the Department of Political Science and the Environmental and Sustainability Studies Program at the University of Utah. She earned a B.A. in Political Science from the University of Washington and both her M.A. and Ph.D., also in Political Science, from the University of California Santa Barbara. She has investigated public attitudes around environmental issues like offshore oil drilling, large-scale solar development and vaccines. Her work seeks to explain the causes and characteristics of public opinions, attitudes, knowledge and behavior regarding politics, the environment and energy development. In this lecture she will focus on the ongoing drought in California over the last two decades, engaging with the interplay of attention given by the government, the public and the media and the corresponding policy change that has occurred.

“Policy is for the most part fairly static,” says Carlisle, “not all problems result in policy change.” Her research, therefore, looks at how and whether politicians respond to environmental crises and what factors explain policy change when it does happen. Sudden, devastating, catastrophic events demand immediate attention from the public. Large-scale tragedies like plane crashes, hurricanes, or earthquakes affect a lot of people instantly, and the resulting attention creates opportunities for policy change.  However, slow-moving crises that can take years rather than minutes to unfold tend to be more complicated and are often harder to define. The effects on most people’s daily lives may be comprehended gradually, if at all. A slow-moving crisis gives rise to questions like: Do we even notice a crisis is occurring? Can it capture the attention of the public? To what extent is the media covering it? Does the crisis have the potential to produce a significant policy impact or change? What Professor Carlisle wants to know is how and when policy change is affected for a slow-moving crisis.   

Dr. Carlisle looks at how the media’s coverage of the more recent California drought correlates to the public’s views and potential to propel policy change, helping prove that even a slow-moving crisis can shift policy. Her findings point to the need for more research on what types of media stories are most effective in creating urgency around regulatory change. “The public has a lot of power to push change,” Carlisle reminds us. When we are aware and mobilized, the pressure on our political systems can be hugely effective. 

To hear her speak and learn more about the co-mingling relationships influencing policy change come by on Tuesday, January 28th from 4-5 p.m. in ASB 210.  As always, there will be coffee and treats for you, so bring a mug and enjoy!