The Pollution Crisis On Native American Reservations

Indian reservations, or Native American lands, are areas of land held and governed by US-recognized Native American tribes. There are 326 reservations in the US, with 574 federally recognized tribes. These reservations are autonomous, but are subject to regulations passed by the US Congress and administered by the US Bureau of Indian Affairs. Reservations have a unique legal status, and the US government is under a legal obligation to protect the lands and resources of indigenous peoples. However, reservations are often impacted by pollution, including transboundary pollution from neighboring governments, and pollution from power plants, oil companies, and historical uranium mining. This has resulted in detrimental health effects on residents, and environmental degradation.

Environmental racism and injustice

Indian reservations in the United States are areas of land held and governed by federally recognised Native American tribal nations. There are 574 federally recognised tribes in the US, with some tribes governing more than one of the 326 reservations. These tribes have autonomous governments, subject to certain regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs.

Indian reservations are often severely polluted places. During World War II, uranium was mined on the Diné and Hopi reservations. The Native people, who made up almost the entire workforce, were not adequately informed of the dangers of radiation exposure. As a result, residents built their homes from quarried uranium mine rock, leading to detrimental health effects including increased rates of kidney failure and cancer. The mining companies also failed to properly dispose of radioactive waste, which polluted water sources.

In addition, indigenous communities on tribal lands may be disproportionately burdened by air pollution from the oil and gas industry. An analysis of three tribal groups with significant oil and gas production on their lands showed that Indigenous people are far more likely to live within half a mile of oil and gas facilities, increasing their exposure to volatile organic compounds and nitrogen oxides.

The Wind River Indian Reservation in Wyoming has also been described as one of the most actively polluted places in the US. Oil companies operating on the reservation allow oil wastewater to flow into open pits, contaminating the water used by ranchers and their cattle.

The pollution of Indian reservations can be considered a form of environmental racism and injustice. The Navajo and Hopi people, for example, have been disproportionately affected by the pollution from nearby power plants, with their land degraded and their right to clean air disregarded.

Tribal governments play an important role in controlling and reducing air pollution, and the Environmental Protection Agency (EPA) has committed to supporting the role of tribal governments and working directly with them. However, the actual involvement of tribal governments in natural resource decision-making has been limited, and the complex system of land ownership on reservations creates significant administrative, political, and legal difficulties.

Air pollution from power plants

The Moapa Paiutes, for example, live in the shadow of the Reid Gardner Generating Station, a coal-powered plant in Southern Nevada that has been blamed for polluting the air and water of their reservation. The tribe has reported high levels of sickness and premature deaths among its members, which they attribute to the presence of the power plant. The Northern Cheyenne of Montana also blame local energy companies for the health issues of their people, with the Colstrip Steam Plant, the state's largest coal power plant, being a particular source of concern. The Ute Indian Tribe in northeastern Utah has also threatened legal action against Deseret Power over pollution from its 30-year-old plant on their reservation.

The Navajo Nation, the country's largest reservation, has five power plants near or on its territory in the Southwest, including the Navajo Generating Station and the Four Corners Power Plant, which provide power to half a million homes. These plants have been identified as a major source of pollution, causing reduced visibility in the Grand Canyon and contributing to worsening climate change. While some Navajo leaders have travelled to Washington to oppose proposed EPA regulations that would make the plants more environmentally sound, arguing that this would kill jobs, grassroots groups like Diné CARE argue that the leaders are not serving the best interests of the community.

The EPA has stated that it is committed to ensuring that power plant rules do not disproportionately affect minorities, including indigenous people, and has laid out tools to assess the impact of plant operations on nearby communities. However, some tribes have expressed concern that meeting emissions targets would result in job losses and reduced revenue for their governments, highlighting the complex relationship between economic development and environmental consequences.

The burning of fossil fuels by power plants releases harmful pollutants such as sulfur dioxide, nitrogen oxides, ground-level ozone, and peroxyacetyl nitrate, which can damage native plants, crops, and trees, including those that are culturally significant to indigenous communities. This interference with cultural practices and traditional ways of life has immeasurable costs for indigenous peoples, exacerbating existing health disparities and economic harms.

Uranium mining health effects

Uranium mining has had a significant impact on the health of Native Americans, particularly the Navajo people, with long-lived health effects that continue to be studied and addressed today.

Cancer and Respiratory Issues:

The most well-known health impact of uranium mining on Native American communities is the increased incidence of cancer, particularly lung cancer. A study by Dr. Joseph Wagoner of the US Public Health Service (PHS) found that from 1960 to 1974, there were 144 cancer deaths among 3,500 miners, 700 to 800 of whom were Navajo. This was significantly higher than the expected number of approximately 30 deaths. The USPHS's studies on uranium miners, including American Indians and non-Indians, established a correlation between radon exposure and lung cancer, with a latency period of about 20 years. Similar reports also found instances of other respiratory diseases such as pneumoconiosis, tuberculosis, and chronic obstructive pulmonary disease (COPD).

Developmental Delays and Birth Outcomes:

Uranium exposure has also been linked to developmental delays and adverse birth outcomes in Navajo communities. The Navajo Birth Cohort Study, funded by Congress, aims to understand the relationship between uranium exposure and early developmental delays. A previous study in 1981 also found associations between maternal proximity to uranium mining operations and congenital anomalies, developmental disorders, and other adverse birth outcomes.

Psycho-Social Problems:

In addition to physical health issues, American Indian communities near uranium mines experienced psycho-social problems, including depression and anxiety. Residents living close to uranium mills reported increased anxiety due to their proximity to the health hazards and the lack of awareness among workers, who often brought contaminated rocks back to their homes.

Water Contamination:

Uranium contamination in drinking water sources is a significant concern for Native American communities. High levels of uranium have been found in drinking water aquifers in various regions, including the Navajo Nation, which has more than 500 abandoned uranium mines on tribal lands. This contamination can lead to potential health risks, including cancer and kidney disease, which already has a high baseline risk in AI populations.

Government Response and Compensation:

The US government has taken steps to address the health impacts of uranium mining on Native American communities. The Radiation Exposure Compensation Act (RECA), passed in 1990 and amended in 2000, provides partial restitution to individuals who contracted cancer and other specified diseases as a direct result of mining or atmospheric nuclear testing. However, the process of obtaining compensation has been challenging for Navajo miners due to documentation barriers and restrictions on compensable health effects. Additionally, a $110 million project by federal and tribal agencies has addressed the most urgent risks of uranium contamination in the Navajo Nation, cleaning up abandoned mines, rebuilding homes, and replacing contaminated soil.

Tribal land ownership

The Native American concept of land ownership differs significantly from that of European settlers. To Native Americans, the Earth is a living, sentient being and therefore cannot be owned; it can only be stewarded and lived with. This view is in stark contrast to the European settlers' understanding of land ownership, which was informed by the Bible: "God blessed them and said to them, 'Be fruitful and multiply; fill the earth and subdue it". This conflicting perspective on land ownership led to significant conflict when Europeans began interacting with Native Americans.

The Doctrine of Discovery, established by the Catholic Church in 1493, claimed that non-Christians could not own land. This doctrine informed municipal law in the United States, resulting in policies that deprived Native Americans of their ancestral lands. The federal government's allotment system during the late 1800s and early 1900s further contributed to the loss of Native American lands, as millions of acres were parcelled out to individual Native Americans, leading to the fragmentation of reservations and the intersection of private and public real estate.

Today, most tribal lands are trust lands, with the federal government holding over 56 million acres in trust for the benefit of Native American communities. While tribal governments have autonomy, they are subject to regulations passed by the United States Congress and administered by the Bureau of Indian Affairs. The Indian Mineral Leasing Act of 1938 (IMLA) and the Indian Mineral Development Act of 1982 (IMDA) have increased tribal control over extraction on their lands, allowing them to negotiate their own agreements with extractive industries. Additionally, tribal governments play a crucial role in controlling and reducing air pollution, developing Tribal air programs that advance air quality management policies.

The National Tribal Air Association (NTAA), with over 150 member tribes, works to advance air quality management policies that align with the unique needs and interests of American Indian Tribes and Alaska Natives. Despite these efforts, Indigenous communities continue to be disproportionately impacted by pollution, particularly from the oil and gas industry, and transboundary pollution created by neighbouring governments. The fight for the return of Indigenous peoples' lands and the recognition of their unique connection to their ancestral lands remains an ongoing struggle.

Oil wastewater pollution

Indian reservations in the US are governed by federally recognised Native American tribal nations. However, the autonomy of tribal governments has been limited by a federal 'trust responsibility' for indigenous people, which has led to a legal relationship of paternalism. This has resulted in environmental racism and injustice, with Indigenous communities disproportionately affected by pollution from power plants and the oil and gas industry.

One example of this is the pollution of water sources by oil wastewater. Under a long-standing EPA loophole, oil and gas companies are permitted to dump millions of gallons of wastewater on the Wind River Reservation in Wyoming each month. This wastewater contains toxic chemicals, including carcinogens and radioactive materials, which flow into natural rivers and creeks. The water is so polluted that it has a visible sheen and solid deposits, and the air smells strongly of rotten eggs.

The EPA has implemented policies to regulate wastewater discharge, such as the Clean Water in Indian Country program and the Underground Injection Control (UIC) program. However, these policies have not always been effectively enforced on Indian reservations. For instance, the EPA's ban on oil companies releasing wastewater into the environment did not apply to the arid West, allowing companies to release wastewater if it could be used by livestock and wildlife.

The pollution of water sources by oil wastewater has had detrimental effects on the health and well-being of Indigenous communities. It has also impacted wildlife and water quality, with vice chairman Wes Martel of the Eastern Shoshone Business Council expressing concern about the potential contamination of steak consumed by cows drinking the polluted water.

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