Recommended Citation
Monte Mills, The Supreme Court’s Old Habits in a New Era? Native Nations, Statehood, and an Indigenous-led Future for Natural Resources, 77 Stan. L. Rev. Online 139 (2025), https://digitalcommons.law.uw.edu/faculty-articles/1149
Publication Title
Stanford Law Review Online
Keywords
SCOTUS, Tribal sovereignty, natural resources management
Document Type
Article
Abstract
art I of this essay looks back and, relying on Winans and Winters, illustrates the Court’s longstanding commitment to a recognition of tribally reserved rights while requiring a collaborative approach that acknowledges some state interest and authority. Part II then briefly assesses the modern era of Indigenous leadership in natural resources, reviewing the ways in which Native Nations are implementing a new framework of collaborative stewardship for lands, waters, wildlife, and other ecological systems. Finally, Part III considers how the lessons or impacts of this broader movement might be relevant in future conflicts raising questions of statehood and tribal rights.
Included in
Indigenous, Indian, and Aboriginal Law Commons, Natural Resources Law Commons, Supreme Court of the United States Commons