Open AccessExploring Alternatives to the "Consultation or Consent" Paradigm
Author(s) -
Jason Searle
Publication year - 2017
Publication title -
michigan journal of environmental and administrative law/michigan journal of environmental and administration law
Language(s) - English
Resource type - Journals
eISSN - 2375-6284
pISSN - 2375-6276
DOI - 10.36640/mjeal.6.2.exploring
Subject(s) - informed consent , pipeline (software) , law , medicine , psychology , political science , alternative medicine , computer science , pathology , programming language
The Dakota Access Pipeline brought the question of what adequate tribal consultation requires to the forefront. Some would argue that consultation is a weak standard and that only adopting a new standard of free, prior, and informed consent can guarantee tribes greater control and respect. However, the “consultation or consent” paradigm does not take into account important sources of law that do not fit under “consultation” or “consent” and yet could be valuable in strengthening tribes’ claims in the absence of a consent standard.