James Grijalva

 

James Grijalva

Lloyd & Ruth Friedman Professor of Law
Director, Tribal Environmental Law Project
grijalva@law.und.edu

 

Professor Grijalva received his J.D. cum laude from the Northwestern School of Law of Lewis & Clark College, with a Certificate in Environmental and Natural Resources Law. During law school, he was an associate editor of environmental law and the assistant director of forensics at Lewis & Clark College.

Following law school, Professor Grijalva was law clerk to the Honorable Charles E. Wiggins of the United States Court of Appeals for the Ninth Circuit. He then practiced law in Seattle, Washington at Stoel Rives Boley Jones & Grey. While in Seattle, Professor Grijalva was also a visiting lecturer at the University of Washington's Institute for Environmental Studies and a lecturer at the University of Puget Sound School of Law. He currently serves on the summer faculty at Vermont Law School.

Professor Grijalva writes and lectures on environmental law and federal Indian law, especially in the area of protection of the Indian country environment.

He directs the Tribal Environmental Law Project and teaches American Indian law, property law, environmental law and administrative law.

Professor Grijalva has been a technical services contractor for the American Indian Environmental Office of the U.S. Environmental Protection Agency and a environmental law trainer for EPA's Office of Environmental Justice. He is the Fulbright Scholar for Aboriginal Legal and Resource Rights at the University of Alberta in 2009.

 

PUBLICATIONS

Tribal Sovereignty and Environmental Justice for Native America , in TRIBES, LAND & ENVIRONMENT (Ezra Rosser & Sarah Krakoff, eds., Ashgate Publishing Co. forthcoming 2011)

Self-Determining Environmental Justice in Indian Country , ENVIRONMENTAL JUSTICE (special issue devoted to Indian issues, forthcoming 2011)

EPA's Indian Policy at Twenty-Five , 25 NATURAL RESOURCES & ENVIRONMENT 12-16 (2010) (special 25th Anniversary issue)

The Evolving Path Toward Achieving Environmental Justice for Native America , 40 ENVIRONMENTAL LAW REPORTER 10906-10918 (2010) (with Daniel Gogal, Senior Environmental Specialist, U.S. Environmental Protection Agency)

Closing the Circle: Environmental Justice in Indian Country
Carolina Academic Press, 2008

Compared When? Teaching Indian Law in the Standard Curriculum ,
82 North Dakota Law Review 697 (2006)

The Tribal Sovereign as Citizen: Protecting Indian Country Health and Welfare Through Federal Environmental Citizen Suits ,
12 Michigan Journal of Race & Law 33 (2006)

The Origins of EPA's Indian Program ,
15 Kansas Journal of Law & Public Policy 191 (2006)

Where Are the Tribal Water Quality Standards and TMDLs? ,
18 NAT. RES. & ENVT. 63 (2003)

Indian Country Environmental Law: Cases and Materials (2002) (co-author)

Author of one of two sections of an Amicus Curiae brief filed in Bugenig v. Hoopa Valley Tribe ,
2001 WL 209493 (9th Cir.), rehearing en banc

Chapter 2: Native American Sovereignty, in GUIDEBOOK FOR ENVIRONMENTAL STEWARDSHIP ON NATIVE AMERICAN LANDS,
United States Department of Defense (2001)

Book Review, James M. McClurken, et al. Fish in the Lakes, Wild Rice, and Game in Abundance: Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights.
NORTH DAKOTA QUARTERLY (Fall 2000).

Native American Resources Committee Annual Report for 1998,
THE YEAR IN REVIEW, ABA SECTION OF NATURAL RESOURCES, ENERGY, AND ENVIRONMENTAL LAW (1999).

Native American Resources Committee Annual Report for 1997,
THE YEAR IN REVIEW, PUBLISHED BY THE ABA SECTION OF NATURAL RESOURCES, ENERGY, AND ENVIRONMENTAL LAW (1998).

Tribal Governmental Regulation of Non-Indian Polluters of Waters,
71 N.D. L. REV. 433 (1995).

Closing the Circle: Tribal Implementation of the Superfund Program in the Reservation Environment,
9 J. NAT. RES. & ENVTL. L. 279 (1994). (co-author)

The Assertion of Natural Resource Damage Claims by Indian Tribal Trustees,
4 Envtl. Cl. J. 175 (1991/92) (co-author)

 

ADDRESSES AND PAPER PRESENTATIONS

Tribal Sovereignty and Environmental Justice for Native America
American University, Washington D.C., (2011)

Environmental Justice in Indian Country
39th Annual Conference on Environmental Law, American Bar Association Section of Environment, Energy and Resources, Salt Lake City, UT (2010)

Crafting Domestic Environmental Law Mechanisms for Addressing the Environmental Impacts of Development on Indigenous Peoples: The North American Experience
46th Annual Meeting of the Inter-American Bar Association, Rio de Janeiro, Brazil (2010)

"Lessons" from U.S. Environmental Law
Working Forum on the Duty to Consult: Now What?, University of Alberta, Edmonton, Alberta (2009)

Developing the United States' Modern Indian Country Environmental Program
Faculty Seminar Series, University of Alberta Faculty of Law, Edmonton, Alberta (2009)

Environmental Justice for North American Indigenous Peoples
Aboriginal Law Students Association Speaker Series, University of Alberta Faculty of Law, Edmonton, Alberta (2009)

The Thirty-Year History of EPA?s Policies For Protecting the Environment of Indian Country: Is the Indian Country Environment Cleaner, or Is That the Wrong Question?
Vermont Law School, Burlington, VT, June 2003.

Avoiding Unreasonable Consequence of Tribal and State Water Quality Standards Administration
Indian Water Rights Settlement Conference, co-sponsored by the Native American Rights Fund and the Western States Water Council, St. George, UT, 2001.

Supreme Court Restraints on Tribal Regulatory Authority Over Non-Indians
Regional Operations Committee, EPA Region IX, San Francisco, CA, October 2000.

Litigation Risks and Alternatives
Regional Operations Committee, EPA Region VIII, Polson, MT, August 2000.

Legal Strategies for Tribal Environmental Program Development
5th National Tribal Environmental Conference, Siletz, OR, 2000.

Understanding Tribal Sovereignty
Indian law training for program directors, EPA Region V, Chicago, IL, 2000.

Judicial Developments in Indian Country Environmental Law,
Tenth Annual ABA Conference on Environment and Development in Indian Country, co-sponsored by the Rocky Mountain Mineral Law Foundation, Denver, CO, 1999.

Environmental Justice in Indian Country
presented at Lewis & Clark College of Law as part of a Virtual Environmental Speaker Series with 12 law schools participating via the Internet (including law schools in Israel and China), Portland, OR, 1999.

Tribal Sovereignty In A Federalist Environmental System
Fourth Annual Native American Law Symposium, sponsored by the Utah State Bar Association, Salt Lake City, UT, 1998.

Trends in Recent Indian Country Environmental Law Cases
Fourth National Tribal Environmental Conference, United States Environmental Protection Agency, Prairie Island Indian Community, WI, 1998.

State-Tribal Litigation over Water Quality Standards in Indian Country
Twenty Second Annual Indian Law Conference, Federal Bar Association, Albuquerque, NM, 1998.

Update on Judicial Developments
Ninth Annual ABA Conference on Environment and Development in Indian Country, Albuquerque, NM, 1997.

New Developments in Tribal Regulation and Enforcement of Environmental Programs
ABA Key Environmental Issues in U.S. EPA Region VIII, Denver, CO, 1997.

Tribal and Community Environmental Programs
Eighth Annual Indigenous Environmental Network Protecting Mother Earth Conference, Fort Belknap Indian Reservation, MT, 1997.

Tribal Land Use Planning
All Things Are Connected Video Series, Haskell Indian Nations University, Lawrence, KS, 1997.

The Importance of Tribal Courts as Protectors of Individual and Business Rights and the Continuing Deference of Federal Courts toward Tribal Adjudications
Conference on Protecting Individual Rights and Business Interests in Indian Tribal Courts, Grand Forks, ND, 1997.

Environmental Citizen Suits In Indian Country
ABA Eighth Annual Conference on Environment and Development in Indian Country, Albuquerque, NM, 1996.

Tribe-State Cooperative Agreements for Environmental Program Implementation
State and Tribal Forum on Risk-Based Decision Making, St. Louis, MO, 1995.

Overview of the Pollution Prevention Regulatory Framework for Indian Country
National Tribal Pollution Prevention Conference, Billings, MT, 1995.

Treating Tribes as States under the Clean Water Act: The Good and the Bad
North Dakota Law Review Symposium, Grand Forks, ND, 1995.

Environmental Restoration by Indian Tribes
Annual Meeting of the American Nuclear Society, Washington DC, 1994.