The United States Supreme Court's decision in Brendale v. Confederated Tribes & Bands of Yakima Indian Nation undermines comprehensive land use planning in some parts of Indian reservations and contributes to an environment of legal uncertainty on reservations. The loss of effective land use planning on Indian reservations will have an adverse impact on the interests of both tribal members and non-members. Extension of Brendale to other forms of environmental regulation would have an even more detrimental impact on the responsible development of reservations. This Note exposes the infeasibility of Brendale and suggests a cooperative approach for resolving jurisdictional conflicts on Indian reservations.
Solutions for Uneasy Neighbors: Regulating the Reservation Environment after Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 109 S. Ct. 2994 (1989),
65 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol65/iss2/13