Welcoming Our New Honorary Member: John Echohawk

Posted on June 29, 2020 by Andrea Field

One of the perquisites of serving as President of the ACOEL is being able to select this year’s Honorary Fellow of the College.  When faced with a stack of nominating papers, I asked my predecessor, Allan Gates, for guidance on how to make my choice.  Our conversation was roughly as follows.

Me:  What are the criteria for choosing an Honorary Member? 

Allan:  You’ll know it when you see it.

Me:  That’s the standard Justice Stewart applied when determining whether certain material was obscene.  As I recall it, his reference point was something he had seen in Casablanca.  Could you be a bit more helpful in explaining how that standard applies here?

Allan:  You’ll know it when you see it.

It turns out that Allan’s advice was spot on.  When I saw the nomination papers for John Echohawk, I knew without a doubt that he was the person who should become an Honorary Fellow of the College this year.  Let me here share with you some of the information that I received from College members about John Echohawk, information that made it very easy for me to choose John as this year’s ACOEL Honorary Fellow. 

John Echohawk – the Executive Director of the Native American Rights Fund – is a giant in the field of Native-American sovereignty, Tribal natural resources and environmental rights, and Tribal water rights.  He was the first graduate of the University of New Mexico’s special program to train Indian lawyers and was a founding member of the American Indian Law Students Association while in law school.  John helped found NARF in 1970 (barely a year after he graduated from law school), and he has served continuously as NARF’s Executive Director since 1977.  Under John’s leadership, NARF has represented Tribal interests in numerous high-profile cases in which his clients have sought, among other things, to protect the Badger-Two Medicine Area, prevent the shrinkage of Bears Ears National Monument, challenge the Trump administration’s plan to open up the Arctic National Wildlife Refuge, and halt the Dakota Access pipeline and the Keystone XL pipeline.

John is now widely recognized as having distinctly shaped and enforced Tribal sovereign rights through his organization’s legal advocacy.  The National Law Journal has listed John as one of the 100 most influential lawyers in America, and he has received numerous service awards and other recognition for his leadership in the Indian law field.  According to a June 24, 1988 profile in the New York Times, John’s success in asserting Tribal interests is so well known that “many public and private interests now seek to negotiate disputes with tribes over energy, water and sovereignty rather than face off in court against [Mr. Echohawk and his NARF colleagues].”  Noting that John is more than just a skilled attorney, the Times quoted from several governors who had been on the opposite side of the negotiating table from him in contentious matters and who came away from their experiences praising John’s collaborative style.  Said former South Dakota Governor Bill Janklow, John “genuinely wants to seek a solution where everyone can live together afterwards.”  And former Arizona Governor Bruce Babbitt then added that “if there is a charisma that emanates from silence, [John Echohawk’s] got it.”

Having started this article with a reference to one Supreme Court Justice, let me close with a reference to another.  I do so with an anecdote shared by Ken Salazar, who – over three decades – worked directly with John Echohawk on environmental and natural resources matters.  “We were both active Presidential appointees to the National Water Policy Commission in the 1990s.  During my time as Secretary of the Interior, I often sought Mr. Echohawk’s advice as we resolved the most complex and significant water rights Tribal cases in the United States and resolved seminal land trust management litigation. . . . John Echohawk is the Thurgood Marshall of Native American law.”

When told about his election as an Honorary Member of the College, John expressed thanks for the recognition and noted that the “Native American Rights Fund has always believed that environmentalists have the same values as traditional Native Americans.”  He said he looks forward to joining us “virtually” at our October 2, 2020 Annual Meeting. 

In addition to asking John to join us for our virtual meeting in 2020, we plan to invite him to join us for our next in-person Annual Meeting program, which is being planned for 2021.  It is a great honor to have John Echohawk become part of the American College of Environmental Lawyers.    

New Frontiers of Environmental Advocacy

Posted on August 21, 2013 by Eugene Smary

Since one of the objectives of the ACOEL blog is to promote thought and discussion, I have decided to plunge in with abandon.  Hopefully the objective of promoting discourse will be met.

We all have reconciled ourselves to the fact that environmental advocacy has become very politicized on all portions of the political spectrum—so much so, that environmental advocacy oftentimes morphs into political/partisan advocacy.  In the last several years we have seen environmental advocacy reach a new level.  I leave it to the reader to decide whether that level is high or low.  I have my point of view, and I suspect the reader will see that soon enough.

Two projects, one proposed, and one still only in the realm of “contemplation” serve as lightning rods for this new form of environmental advocacy:  the Keystone XL Pipeline project and the potential Pebble Mine.  Keystone XL formally has been proposed.  The Pebble Mine has yet to have a permit application submitted but nonetheless is the subject of protracted and unique opposition.

It is becoming increasingly common to witness the advocacy relating to the Keystone XL Pipeline project—unprecedented in both its breadth and emotional intensity--from proponents and opponents alike.  Proponents have tended to follow the more traditional advocacy approach of published opinion pieces and structured meetings and association support.  The opposition has been much less traditional.  Certainly there has been a history of focused opposition to some projects viewed by some as adversely impacting the environment, but those have been very focused locally or at most regionally.  We all recall “tree sitters” opposing harvesting of redwood timber.  Street theatre is not uncommon.  Here in Michigan I have seen an individual dressed up as a skeleton in opposition to use of a school built on an abandoned municipal landfill, or dressed up as a fish in opposition to a proposed hard rock mine.  The call for civil disobedience in opposition to Keystone XL goes well beyond street theatre, however.  It is something that has not been seen, at least in my memory, since the days of the Civil Rights and Vietnam War protests.  Lost in all of the demonizing of the development of hydrocarbons in Alberta, Canada’s northern reaches (called “oil sands” by proponents and “tar sands” by opponents) is the fundamental impact that a denial of the Presidential Permit necessary to construct the pipeline will have on the diplomatic relationship between Canada and the United States.   The failure to issue a permit thus far has contributed substantially to a reconsideration of Canadian policy goals and economic development.  No longer is the Canadian policy as focused and U.S.-centric as it once was.  Canada is reevaluating the degree to which it can continue to trust its southern neighbor.  It is not a stretch of the imagination to read the tone and tenor of the “policy” discussion and advocacy antics as being officious.  An offer to “help” with the evaluation of the climate change risk of the bitumen production and methods of amelioration, while perhaps well-intentioned, certainly is capable of being seen as sanctimonious, or even arrogant.  The old images of the “ugly capitalist”, and the “ugly American” are being supplemented by images of the “ugly environmentalist.”  The increasingly strident nature of the anti-Keystone advocacy ignores or dismisses broader foreign policy considerations.

Now, if that is not enough to get discussion going, I don’t know what is.  But, on the off chance that there is need for more encouragement, let me raise one other advocacy project:  the contemplated Pebble Mine located in the Bristol Bay, Alaska, watershed.  Pebble Mine may not be as well-known nationally as Keystone XL, but some NGOs are trying to make certain that it does become known—and opposed.  If Pebble is known for anything, it is that it is the subject of an environmental assessment being undertaken by U.S. EPA, in advance of any permit application having been filed and without any proposed mining plan having been developed.  Now Pebble has a major mail order retailer using its customer-based mailing list vigorously and bluntly to oppose the Pebble project.  Within the last several weeks I received a “fly fishing” catalogue from this company, a company from which I have purchased products for well over 30 years.  I started seeing full-page advertisements opposed to Pebble in the interior of its catalogues within the last year.  This most recent mailing is the first time I received a catalogue whose cover was emblazoned with the words “Pebble Mine” inside a red circle with a slash through it and the admonition to “JOIN THE FIGHT” at the company’s website.

In an age where social issues are increasingly being highlighted in commercial advertisements, perhaps I have been lulled into thinking that subtlety makes such advertising acceptable.  There is nothing subtle about this fly fishing catalogue’s assault on a mining project. Opposition to mining in sulfide ore bodies appears to have become a focal point for the leadership of this company.

This is a free country and we all enjoy freedom of speech.  The ultimate power, of course, is to take one’s business elsewhere, but I just found this to be a rather unique “in your face” form of environmental advocacy.  If I want to receive environmental advocacy—from any quarter, I will ask for it.  If I wish to purchase goods and get on a mailing list for that purpose, I expect to get future mailings about similar products.  I do not expect—or authorize—use of my name and address to receive decidedly political advertising nor biased social commentary.  I know how and where to get plenty of that in a setting where it is both thoughtful and analytical.  Combining a commercial catalogue with a political advertisement, or rather turning a catalogue into a political advertisement, crosses the line.  Perhaps it is a line that we as a society are willing to tolerate in this age of political intolerance.  We will see.

Now, let the discussion begin.