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Tribal governments should be entitled to special solicitude

Ahn, Hae-June
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Ahn, Hae-June
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Keywords
tribalism
indigenous ethics
law
GE Subjects
Political ethics
Community ethics
Environmental ethics
Ethics of law
Rights based legal ethics
Minority ethics
Resources ethics
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Climate Ethics
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elq37_2_11_ahn_2010_0630.pdf
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http://hdl.handle.net/20.500.12424/175827
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Abstract
"The parens patriae doctrine provides an alternative route for a state to establish standing when it seeks to protect its quasi-sovereign interests. Parens patriae suits are particularly appropriate for environmental cases where the injury is inflicted on the general population and individuals bringing separate suits cannot obtain the proper relief. This doctrine inherently recognizes a state’s entitlement to “special solicitude,” a concept articulated by the Supreme Court in Massachusetts v. EPA. This Note argues that tribal governments should also be entitled to special solicitude when seeking to protect their quasi-sovereign interests. This need is particularly pressing in environmental cases, because Native Americans are uniquely vulnerable to environmental issues such as climate change. Like states, tribal governments should also be permitted to bring parens patriae suits against the federal government, because they are often preempted by federal regulation and the only recourse is to sue the relevant federal agency." (p. 1)
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Article
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2010
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With permission of the license/copyright holder
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