Indigenous environmental justice (IEJ) is distinct from the broader EJ field, which has been found to exhibit certain limitations when applied to Indigenous contexts. Indigenous scholars have observed, for example, that EJ scholarship generally does not consider Indigenous sovereignty, laws, and governance. Attempts to ensure the relevance and applicability of EJ to Indigenous contexts and realities have resulted in what can be thought of as an “Indigenizing” of the EJ scholarship. Recent scholarship thus recognizes that Indigenous peoples occupy a unique position in terms of historical, political, and legal context, and that this requires specific recognition of their goals and aspirations, such as those outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UN General Assembly [UNGA] 2007). Achieving IEJ will require more than simply incorporating Indigenous perspectives into existing EJ theoretical and methodological frameworks, as valuable as these are for diagnosing injustice. IEJ offers a theoretical and analytical framework that goes beyond “Indigenizing” and “decolonizing” existing EJ scholarship and extends to frameworks informed by Indigenous intellectual traditions, knowledge systems, and laws. Indigenous nations and societies are diverse and no single IEJ framework will serve all contexts and situations. There are, however, commonalities among suggested frameworks as evidenced through various international environmental declarations prepared by Indigenous peoples over the past three decades that convey key concepts relating to IEJ. First, Indigenous knowledge systems should be utilized as a theoretical framework for analysis. In this frame, justice applies to all “relatives” in Creation, not just people. EJ is not just about rights to a safe environment, but it includes the duties and responsibilities of people to all beings and, conversely, their responsibilities to people. IEJ is regarded as a question of balance and harmony, of reciprocity and respect, among all beings in Creation; not just between humans, but among all “relatives,” as LaDuke 1999 and Kanngieser and Todd 2020 show. Second, Indigenous legal traditions should form the basis for achieving justice. Scholars have noted how Western legal systems continue to fail Indigenous peoples and the environment. In this sense, grounding conceptions of justice and injustice in Indigenous intellectual and legal traditions opens up possibilities for achieving justice. Finally, IEJ must acknowledge the historical and ongoing role colonialism has played in perpetuating injustices.
The Duty Consult as the Authority to Recognize