Environmental Justice and Natural Resource Extraction: Examining Mining Operations on Native American Lands
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Marie, Julianah
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Abstract
The purpose of this study was to examine the environmental justice of mining operations experienced by Native American communities. GIS information from the United States Geological Survey and the U.S. Census Bureau was used to create an overlay of the maps’ delineated mines by land ownership. Based on the classification of either “on reservation” or “off reservation,” mines were analyzed using MSHA inspection data. The Mine Safety and Health Administration (MSHA) is the agency responsible for inspections and oversight of this nation’s mines. With over 13,000 active mines in the United States alone, this study used a stratified random sample of mines off reservations and a population study of mines on reservations. There are some indicators that mines on reservations are handled with less diligence of mine operators and regulators than those off of reservations based on the average years of operation for mines, number of injuries, and number of fatalities. However, evidence does not suggest that land ownership is the statistical focal point of the differences in average fine/violation ratios.
Individual case studies provide evidence that Native American tribes have experienced environmental injustice from mining operations. Unique vulnerabilities to environmental harms combined with the fiduciary duty the United States has to tribes should cause tribes to have more protections against environmental degradation – not fewer. Furthermore, the average costs for violations were far too inexpensive to ensure compliance with regulations that protect the safety of those who work in or live near the mines.