State and local environmental agencies regularly make decisions that have repercussions for tribes, including for their health and ability to maintain and continue to evolve traditional practices, language, and cultural identity. Meaningful consultation has become central to tribal sovereignty as tribes advocate for legislation that requires consultation on decisions impacting their lands, economy, and culture. A two-year project from the Environmental Law Institute (ELI) and its partners examined the status of consultation in California and how it may promote tribal sovereignty and ensure relevant outcomes. On September 19, 2024, ELI hosted a panel of experts to discuss the challenges and best practices in implementing tribal consultation at the state and local level. This Dialogue presents a transcript of that discussion, which has been edited for style, clarity, and space considerations.

This Comment looks at the background of national scenic trails and lawmakers’ intent for the experiences these trails should provide, analyzes the difference in meaning between the terms and concepts of “on” and “along,” and considers the width of adjacent management areas that lawmakers implied with the use of the latter term. It also examines the management implications of these interpretations, and where agencies and nonprofit trail management partners may go from here.

The U.S. military has recognized climate change as a national security threat. Over the past three decades, installations across the country have experienced infrastructure damage, personnel evacuations, and millions or billions in rebuilding or repair costs. This Article argues that most military facilities are woefully unprepared for these impacts; to expedite action, it calls for a focus on expanding Other Transaction Authority (OTA) for infrastructure-related procurement, as well as specific measures, mandates, and responses. The Article examines recent devastating weather events across Air Force installations in Florida and California. It then discusses recent laws on environmental response, with a focus on the National Defense Authorization Acts and specific provisions for infrastructure, facility, and related environmental measures, and highlights various directives, plans, and spending behavior. It concludes by proposing top-down solutions for speeding procurement and broadening use of OTAs.

This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their constitutional right to environment. It analyzes the challenges and limitations of traditional litigation in enforcing this right, and compares the special master system in the United States with environmental judicial commissions in Pakistan. It advocates for an expanded role of special masters in environmental litigation with diverse functions, including investigation, mediation, environmental monitoring, technical and scientific advisory, public participation, and consensus-building among different stakeholders, to ensure comprehensive and effective environmental protection. It argues that courts in these green states could pioneer this approach, setting a precedent for other jurisdictions internationally and ultimately strengthening environmental protection globally.