The sovereignty of federally recognised Tribal Nations in the United States is codified in the US Constitution, federal law, and myriad treaty agreements, but the realities of sovereignty are complex.

Federal law has obfuscated Tribal sovereignty, complicating and restricting Tribally owned or managed energy development on Tribal land.

This paper discusses the divergence of Western and Indigenous concepts of sovereignty and analyses federal Tribal law and policy and its implications for Tribal energy development, making two contributions.

The first is to explore whether past federal laws and policies have supported or impeded the ability of Tribal Nations to develop energy projects and utilise energy resources on Tribals lands in the US.

The second is to explore how the Inflation Reduction Act (IRA) altered US federal energy policy in the context of Tribal energy sovereignty, assessing the impacts of US federal Tribal policy on Tribal sovereignty in terms of de recto (by right), de facto (in fact), or de jure (by law).

This research reveals that the IRA encouraged de facto Tribal energy sovereignty, advancing Tribal self-determination by reducing dependence, increasing benefits, and empowering decision making for Tribal Nations in the US.

Authors: Don Lee, Chelsea Schelly, The Inflation Reduction Act: Implications for energy development, energy sovereignty, and self-determination for federally recognized Tribal Nations in the US, Energy Policy, Volume 205, 2025

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Thanks for the cover image gratefully used from here.

Incorporating First Nations into the Future Made in Australia Act will finally bring Australia onto a more equal footing with the United States and Canada.

Australia’s plentiful solar and wind resources and proximity to Asia means it can become a renewable energy superpower. But as the renewable energy rollout continues, Aboriginal and Torres Strait Islander people must benefit.

As the world seeks to dramatically reduce greenhouse gas emissions from fossil fuel production and consumption to mitigate the impacts of climate change, communities that rely on coal, oil, and natural gas production as economic drivers are likely to face challenges.

Although extensive work has identified pathways towards a “just transition” in numerous contexts, very little has been written to understand the opportunities and challenges for fossil fuel-producing Native nations in a transition towards a net-zero emissions future.

In theory, Native American nations have control over the decisions that shape their energy futures because of their sovereign status. In practice, however, numerous factors limit the exercise of that sovereignty.

In this review, we assess the major barriers to tribal energy sovereignty, discuss historical and ongoing efforts to secure it, and highlight the tools that can further ensure the exercise of tribal energy sovereignty in the context of an energy transition. We also discuss recent policy developments and identify cases where Native nations are taking innovative approaches to govern the future of energy development on their lands.

Authors: Daniel Raimi, Alana Davicino, Securing energy sovereignty: A review of key barriers and opportunities for energy-producing Native nations in the United States, Energy Research & Social Science, Volume 107, 2024

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Against a backdrop of rising costs of clean energy projects, inflation, and the knock-on effects of rising energy bills, Australian governments have their work cut out.

The investment and policy environment they create must ensure Australia’s transition to clean energy happens at the pace and scale required, whilst simultaneously bringing along communities and people as supporters and partners. 

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The challenges and opportunities for local and Indigenous ownership of renewable energy are manifold.

But if we are to avoid the situation that arose with local communities being marginalised and excluded from the benefits of locally sourced fossil fuels, we must ensure a just transition into the low carbon economy.

This means giving agency to local and Indigenous communities - both through Free, Prior and Informed Consent, and through financial equity and partnership.

Here we spotlight the issue of Indigenous and local community partnership in renewable energy in nine countries (Canada, Chile, Colombia, Honduras, Mexico, Norway, Scotland, Sweden, US).

Published in the Institute for Human Rights and Business (IHRB) in 2023. The spotlights were prepared by students on the 2022 CEMS Academic Placement programme.

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Image gratefully sourced from the article.

Our First Nations friends in Canada and the US are well advanced in using clean energy to transform communities, creating jobs, business opportunities and a clean future. Hear case studies of community power and how we can apply the lessons in Australia.

Speakers:

• Brett Isaac, Navajo Power
• Freddie Campbell, Indigenous Clean Energy Canada