Tournament: Binghamton | Round:  | Opponent:  | Judge: 

Cornell Novice 1AC

Contention 1 – Inherency.

Native tribes want to develop renewable energy but are restricted by the federal government.

Kronk, Assistant Professor, Texas Tech University School of Law, ‘12

Elizabeth Ann, “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]

Recognizing the potential key role … the leasing of Tribal resources. n21

Native American lands in the United States hold vast renewable energy potential.

UConn Law Review 12

Jessica R. A. Hamilton, Executive Editor, 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]

American Indian Tribes in the United States … First Nations is still in its infancy.

Thus the plan:

The United States federal government should remove restrictions on the production of solar and wind energy on native lands in the United States.

Contention 2 – Sovereignty.

Control over renewable energy development is key to tribal sovereignty.

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]

Improving tribal ability to … to spearhead this development.

Economic self sufficiency key to self-determination

Alfred, Director Indigenous Governance Program @ Victoria, 99

Taiaiake Alfred, Director, Indigenous Governance Pogram, Victoria, 99, Peace, Power, Righteousness: An Indigenous Manifesto, p. 136-137

3. Economic self-sufficiency. Meaningful progress … general development of the community.

Energy development can help tribes attain self-determination and generate revenue

MacCourt, Chair Indian Law Practice, 10

June 2010, “Renewable Energy Development in Indian Country: A Handbook for Tribes,” Douglas C., Ater Wynne LLP: Attorneys at Law, A project for the National Renewable Energy Laboratory and the Alliance for Sustainable Energy, LLC [DLP PRE]

In addition to the significant … to achieve economic independence.

Protecting native sovereignty is a moral imperative. It comes before all other impacts.

Suagee, Director, First Nations Environmental Law Program, Vermont Law School, ’92

Dean B. Suagee, enrolled member of the Cherokee Nation of Oklahoma, University of Michigan Journal of Law Reform, “Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age”, Spring and Summer 1992, 25 U. Mich. J.L. Reform 671, Lexis [JSN]

All over the world, indigenous peoples … as a matter of principle.

Absent a positive U.S. model, indigenous peoples around the world face systematic extermination.

Glenn Morris, Professor of the Fourth World Center for the Study of Indigenous Law and Policy at the University of Colorado, ‘99

Native American Sovereignty, p. 324-5

More important, the purpose here … peoples in other parts of the planet.

Contention 3 – Solvency.

Removing federal mandates on energy development empowers tribal self-determination and sovereignty.

Elizabeth Ann Kronk, Assistant Professor, Texas Tech University School of Law, ‘12

“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]

If Congress truly wishes the … hindrance to reservation prosperity'." n149

The plan eliminates unfair, hypocritical restrictions that go beyond requirements placed on the states and the federal government.

Elizabeth Ann Kronk, Assistant Professor, Texas Tech University School of Law, ‘12

“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]

Furthermore, reduction of the ... is dubious at best.

PV ideal for reservations – power lines cant access and otherwise dependent on dirty fuels

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]

Photovoltaic solar power systems, … extremely dependent on the weather.59

Tribal wind is efficient and provides energy for tribes

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 Wind

Turbines harness the wind’s kinetic … wind system to be around $32,000.6

The federal government is key – state governments don’t have jurisdiction.

Dean B. Suagee, Director, First Nations Environmental Law Program, Vermont Law School, ‘92

enrolled member of the Cherokee Nation of Oklahoma, University of Michigan Journal of Law Reform, “Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age”, Spring and Summer 1992, 25 U. Mich. J.L. Reform 671, Lexis [JSN]

Indian tribes have governmental powers … upon tribal self-government. 116

Native lands are “in the United States”

Bureau of Indian Affairs ‘12

“FREQUENTLY ASKED QUESTIONS,” http://www.bia.gov/FAQs/index.htm

What is a federal Indian reservation?

In the United States there are … reservations are less than 1,000 acres.