San Diego Journal of Climate & Energy Law
Abstract
Much of the world’s natural capital lies on or beneath lands occupied by Indigenous peoples. Since the advent of colonialism, Indigenous communities have tirelessly safeguarded their land from encroachment by extractive industries. The contemporary consequences of resource extraction on Indigenous lands include environmental degradation and cultural heritage destruction. Rather than providing a legal pathway to self-determination, the United States Supreme Court has eroded tribal sovereignty and undermined the trust relationship between tribes and the federal government. American Indians and Alaska Natives are prohibited from tapping into their resource wealth by an intricate bureaucratic framework that dictates how resources may—and may not—be developed on Indigenous land. The prevailing model of resource extraction places control of the extractive operation firmly in the hands of a private company, often with backing by the State. Thus, the real authority to enforce Indigenous rights in land and resource management lies in the private sector. International case studies from Canada, Australia, and Russia highlight the benefits derived from resource development agreements between Indigenous communities and private companies. As custodians of biodiversity, Indigenous peoples bring unique ecological knowledge to the discourse on resource extraction. Integrating Indigenous wisdom into extractive projects may mitigate the otherwise insurmountable challenges wrought by resource extraction.
Recommended Citation
Danara Greer,
Beneath the Surface: Unearthing Legal, Cultural, and Environmental Challenges to Resource Extraction on Indigenous Land,
16
San Diego J. Climate & Energy L.
163
(2025)
Available at:
https://digital.sandiego.edu/jcel/vol16/iss0/8
