Tournament: | Round: | Opponent: Baylor HK | Judge:
Inherency
Indigenous peoples want renewables but DOI approval requirement vetoes, delays, and imposes high costs such that only one commercial scale renewable project has developed
Dreveskracht, Lawyer, Galanda Broadman, 11/27
2012, Ryan Dreveskracht, Associate, Galanda Broadman, PLLC, of Seattle, an American Indian majority-owned law firm, “Alternative Energy in American Indian Country: Catering to both Sides of the Coin,” Energy Law Journal, Vol. 33:431, page 432-448, Language Edited: Indigenized DLP CST
The other side of the coin is that, as expressed by Chairman Pico, contrary to being against renewable energy, tribal AND
testimony, there is much work still to be done.
Leasing necessary for vast majority of nations
Dreveskracht, Lawyer, Galanda Broadman, 11/27
2012, Ryan Dreveskracht, Associate, Galanda Broadman, PLLC, of Seattle, an American Indian majority-owned law firm, “Alternative Energy in American Indian Country: Catering to both Sides of the Coin,” Energy Law Journal, Vol. 33:431, page 432-448, Language Edited: Indigenized DLP CST
The irony is that those nations tribes with TERA capacity are likely in a position to skip the approval process altogether by implementing alternative energy projects on their own, which do not require Secretarial approval.117 When no lease, contract, or right-of-way is involved, the approval process – and the insurmountable burdens of federal law that come along with it – is not necessary.118 The majority of nations tribes, however – tribes nations that are most in need of economic development and would most benefit from the implementation of an alternative energy project – “have to seek an outside partner,” which puts them “at a terrific disadvantage for developing their own resources.”119
The HEARTH Act was designed increase indigenous control over wind and solar development, but did nothing to change the failed TERA framework established in 2005 to govern Energy Resource Agreements
Dreveskracht, Lawyer, Galanda Broadman, 8-2
Ryan Dreveskracht, Associate, Galanda Broadman, PLLC, of Seattle, an American Indian majority-owned law firm, 8/2/12, “Are Hopes for the HEARTH Act Too High?” http://www.galandabroadman.com/2012/08/are-hopes-for-the-hearth-act-too-high/ ACG ROC
With much tribal indigenous and media fanfare, on Monday the President signed into law the Helping AND
HEARTH Act’s title seems a bit too optimistic.
Plan
Plan: The United States federal government should remove restrictions on the development of wind and solar energy projects on indigenous lands in the United States.
By indigenous lands, we mean the land set aside by the United States federal government for people it refers to as “Native Americans” or “American Indians”
Advantage 1 – Phronesis
The environmental assessment framework devalues indigenous knowledge, focusing exclusively on resources at the expense of culture and spirituality. This destroys indigenous societies.
Booth and Skelton, Ecosystem Science and Management Program, UNBC, '11
Annie Booth, Prof, Ecosystem Science and Management Program, University of Northern British Columbia, and Norm W. Skelton, Prince George Northern Sustainable Landscape Initiative (SLI), University of Northern British Columbia, "'We are Fighting for Ourselves' — First Nations' Evaluation of British Columbia and Canadian Environmental Assessment Processes," Journal of Environmental Assessment Policy and Management, 13(3): 367-404, DOI: 10.1142/S1464333211003936 ACG WPT
Philosophical failures
Philosophical failures are the broader “principle” issues. To a certain extent this is implicit in the previous discussion, AND
This philosophical failure needs much better articulation and exploration, which the extant literature on EA and First Nations does not meaningfully do.
Denial of subjectivity to indigenous persons in discourse through control and “knowledge over” indigenous peoples establishes sovereign domination over and devalues them to objects
Carriere, Law, Tulane, ’94
Jeanne Carriere, Iowa Law Review, pp. 591-2 Language edited, indigenized
Though linked with empowerment and identity, the subject is not totally autonomous, but emerges through interaction.
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autonomy to ‘it’…since we know it and it exists, in a sense, as we know it.
This negates the value to life and justifies extermination.
Michael Dillon, Politics and IR, Lancaster, 99 Political Theory 27(2):
Quite the reverse. The subject was never a firm foundation for justice, much less a hospitable vehicle for the reception
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then lose its purchase on life. Herewith, then, the necessity of championing the invaluable itself.
The AFF advocacy injects action-oriented, indigenous knowledge into the debate space. Prefer this over the NEGs Eurocentric, understanding-oriented thought. In the context of policy, the question of producing wisdom-in-the world has more importance than the question of having accurate knowledge-of-the-world
• Ngugi: “not to interpret, but to change”.
Aikenhead, Curriculum Studies Prof, Saskatchewan, ’8
Aikenhead, Glen. “Objectivity: The Opiate of the Academic?” Cultural Studies of Science Education 3, no. 3 (2008): 581–585. DOI: 10.1007/s11422-008-9126-9. pp. ACG UVM
Indigenous knowledge in science education, the theme of this special issue, has evoked numerous articulate
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knowledge in science education, and it reports on ways of acting that produce experiences inviting and respectful to Indigenous students in science education.
Constructing and making decisions rooted in indigenous worldviews allows us to create policies grounded in respect for the environment and culturally bound knowledge forms, based around reciprocity rather than hierarchical domination
Robyn, member of Chippewa Nation and Ass. Prof Crim Justice @ Northern Arizona U, 2
Part of the Anishinabe (Chippewa) nation. She receive d her Ph.D. from Western Michigan University in 1998 and is currently an assistant professor in the Criminal Justice Department at Northern Arizona University. (Linda, Indigenous Knowledge and Technology, The American Indian Quarterly 26.2 (2002) 198-220) Cites Winona LaDuke, a member of the Anishinabe Nation, author, activist, and scholar of environmental and Indigenous issues, DLP UVM PLS Language edited – indigenized + nationized
Policy is built on a variety of philosophical and epistemological arguments, ultimately grounded in subjective choice, AND
essential to our survival as a whole, the teachings that Native peoples of the Americas present to our global society can be utilized in many ways, if given the chance.
AFF advocacy is most important. Because it’s not discussed in academia or policy circles, it’s more necessary to affirm indigenous in the context of this pedagogical space. Voting AFF valorizes indigenous people and thought in and of themselves, not simply as a means to another theoretical end.
• Contextualize this: “as does the K of insert (e.g., capitalism / humanism / rationality).”
Warrior, Director, Indigenous Studies, Illinois-Champaign, ’9
ROBERT WARRIOR is a citizen of the Osage Nation, which is located inside the boundaries of Oklahoma in the United States. He is the author or coauthor of four books and is director of American Indian Studies at the University of Illinois at Urbana-Champaign (USA).
Warrior, Robert. “Native American Scholarship and the Transnational Turn,” Cultural Studies Review 15, no. 2 (2009): 119–30. http://epress.lib.uts.edu.au/journals/index.php/csrj/article/view/2041. p. 127 ACG UVM
In considering my own scholarly relationship to this issue, I find myself in agreement with those who regard broader AND
history, or the many other fields that over the years have sought out stronger ties to our work.
Advantage 2 – Self-Determination
TERAs specific provisions of development agreements undercuts self-determination
Unger, 10
Unger 10—J.D. Candidate, Loyola Law School. M.A., Linguistic Anthropology, University of Texas at Austin (Kathleen, CHANGE IS IN THE WIND: SELF-DETERMINATION AND WIND POWER THROUGH TRIBAL ENERGY RESOURCE AGREEMENTS, http://www.tribesandclimatechange.org/docs/tribes_24.pdf) DLP WPT Language edited – Indigenized/nationized
In fact, the TERA legislation and regulations specify in great detail the provisions that a nations tribe’s TERA and its
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TERA framework allows. Given the imperative to develop wind power, now may be the perfect time to consider this possibility.297
The status quo allows for cycles of colonial violence to occur on indigenous lands enabled by exploitative agreements supported by the Government that destroy indigenous environments
Gough, Intertribal Council on Utility Policy, 9
Gough 9—Intertribal Council On Utility Policy; paper submitted by Honor the Earth, the Intertribal Council on Utility Policy, the Indigenous Environmental Network, and the International Indian Treaty Council (Bob, Energy Justice in Native America, A Policy Paper for Consideration by the Obama Administration and the 111th Congress, www.mynewsletterbuilder.com/email/newsletter/1409857447) DLP WPT Language edited – indigenized/nationized
HISTORY OF EXPLOITATION AND ENERGY INJUSTICE
The history of resource exploitation, including conventional energy resources, in Indian Country has most recently
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term, they do nothing to address the cycle of fuel poverty due to leaky inefficient homes, and the need for a localized fuel economy.
Colonialism against indigenous peoples persists as a systemic denial of individual self-determination – addressing over 500 years abuse of an entire people deserves ethical prioritization
Barsh, Prof Native American Studies Univ Lethbridge, 93
Russel Lawrence Barsh, Professor of Native American Studies at the University of Lethbridge and United Nations Representative of the Mikmaq Grand Council and Four Directions Council, University of Michigan Journal of Law Reform, Winter, 1993, 26 U. Mich. J.L. Ref. 277 Language edited, indigenized DLP UKY PRE
If there is a fundamental cause of American Indian isolationism, it is 500 years of abuse. Colonialism and oppression
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knowledge. Also lost was confidence in the possibility of genuine self-determination.
Renewable energy development is the nexus-point for self-determination
Arizona Law Review ‘10
Bethany C. Sullivan, J.D. Candidate, University of Arizona James E. Rogers College of Law. “NOTE: Changing Winds: Reconfiguring the Legal Framework for Renewable-Energy Development in Indian Country,” 52 Ariz. L. Rev. 823, Fall JSN Language edited – Indigenized
Improving tribal ability to develop renewable energy would not only alleviate some of these economic pressures, but
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reservations. As trustee for native communities and the central policymaker for America's energy industry, Congress is in the optimal position to spearhead this development.
Wind and solar are viable in different areas and choice is key to self-determination
Voggesser, NWF Director for Indigenous Partnerships, 10
Garrit, Director for Tribal Partnerships for the National Wildlife Federation, “Indians and Energy: Exploitation and Energy in the American Southwest,” ed. By Sherry L. Smith, prof History, Acting Chair Clements Dept of History, Ass. Director William P. Clements Center for Southwest Studies @ Southern Methodist University, and Brian Frehner, Assoc Prof History and Director Graduate Studies @ Oklhoma State University, 2010, pg 74, DLP WPT Language edited – indigenized and nation-ized
Tribal indigenous lands contain many of the nation's renewable energy resources. Reservations in the West,
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economic growth so that nations tribes could truly make their own decisions about what future energy development means to their communities.53
Renewables great for indigenous economies – job creation and 1 trillion in revenue
Dreveskracht, Lawyer, Galanda Broadman, 11/27
2012, Ryan Dreveskracht, Associate, Galanda Broadman, PLLC, of Seattle, an American Indian majority-owned law firm, “Alternative Energy in American Indian Country: Catering to both Sides of the Coin,” Energy Law Journal, Vol. 33:431, page 432-448, Language Edited: Indigenized DLP CST
An estimated $1 trillion in revenue is possible were indigenous Indian country to fully develop its energy
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disproportionately high in Indian country,70 perhaps equally important is that alternative energies are job-creating hothouses.71
Concentrated solar power ready to be deployed on 83 reservations in US
Uconn Law Review, April 2012
Jessica R. A. Hamilton, Executive Editor on the Editorial Board of the Connecticut Law Review, April 2012, Connecticut Law Review Volume 44 Number 4, “FINDING NEW POWER IN THE WIND, THE EARTH, AND THE SUN: A SURVEY OF THE REGULATION OF ALTERNATIVE ENERGY GENERATED ON AMERICAN INDIAN RESERVATIONS IN THE UNITED STATES AND FIRST NATION RESERVES IN CANADA,” DLP PRE
A. Concentrating Solar Power and Photovoltaics
Solar energy can be converted into electricity by one of two means, both of which can be readily implemented on
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the more expansive, remote, western First Nations could be equally well-suited to host high capacity concentrated solar power systems.
77 reservations can support viable large scale wind now
National Wildlife Federation 10
March 23, 2010, “The New Energy Future in Indian Country: Confronting Climate Change, Creating Jobs, and Conserving Nations,” Confronting Global Warming Report, released in collaboration with National Tribal Environmental Council, Native American Rights Fund, and the Intertribal Council on Utility Policy, DLP PRE
TRIBAL OPPORTUNITY
Many Tribal lands, particularly those in the Great Plains and Alaska’s coastal native villages
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tribal lands alone could meet 14 percent of the nation’s energy needs.8
Solvency
Removing all environmental restrictions on indigenous energy production is critical to self-determination
Kronk, Law Prof Texas Tech, 12
Elizabeth Ann, Assistant Professor, Texas Tech University School of Law, “Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform,” 29 Pace Envtl. L. Rev. 811, Spring JSN Language edited – Indigenized
If Congress truly wishes the federal government to be free from liability with regard to
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indigenous nations “frozen in a perpetual state of tutelage.”155
Government control as decision maker destroys any chance of solvency – indigenous decision making is key to economic development
Royster, Law Prof, Tulsa, ’8
Judith v., Prof law and Co-Director, Native American Law Center, University of Tulsa College of Law, Stephen Cornell and Joseph Kalt, Ph.D. Director Professor of Sociology and of Public Administration and Policy Faculty Associate, Native Nations Institute—AND—Ford Foundation Professor of International Political Economy, Emeritus, Co-Director Harvard Proj. on American Indian Econ. Development, “PRACTICAL SOVEREIGNTY, POLITICAL SOVEREIGNTY, AND THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT”, http://law.lclark.edu/live/files/9506-lcb124art6roysterpdf DLP WFU TRN Language edited – indigenized
Royster, Law Prof, Tulsa, ’8
Judith v., Prof law and Co-Director, Native American Law Center, University of Tulsa College of Law, Stephen Cornell and Joseph Kalt, Ph.D. Director Professor of Sociology and of Public Administration and Policy Faculty Associate, Native Nations Institute—AND—Ford Foundation Professor of International Political Economy, Emeritus, Co-Director Harvard Proj. on American Indian Econ. Development, “PRACTICAL SOVEREIGNTY, POLITICAL SOVEREIGNTY, AND THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT”, http://law.lclark.edu/live/files/9506-lcb124art6roysterpdf DLP WFU TRN Language edited – indigenized
More important than political sovereignty, however, is what Cornell and Kalt refer to
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providing information and technical assistance and serving as a resource for tribes. 19
Vote AFF to restructure the social space by helping reforge a political consensus that incorporates indigenous interests and values indigenous knowledge – political activism and resistance can create a “knot of wood” that forces politicians to respond rather than ceding personal agency and defaulting to political concerns.
• Some of the issues that matter to politicians shouldn’t matter to debaters as political activists.
Bryant, Philosophy Prof, Collin, ’11
Levi R. Bryant, Collin College, “We’ll Never do Better Than a Politician…,” LARVAL SUBJECTS, http://larvalsubjects.wordpress.com/2011/02/24/well-never-do-better-than-a-politician/ ACG CST
We’ll Never do Better Than a Politician…
In Irreductions, or perhaps it’s elsewhere, Latour says that we’ll never do better
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they have become invisible, a smooth space, that requires no navigation.
