On June 15, 2023, the U.S. Supreme Court issued its ruling in Haaland v. Brackeen, upholding the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 with a 7–2 majority decision, preserving tribal sovereignty in child custody cases. This ruling prevented a broader attack on tribal governance, which could have extended to undermining legal protections over natural resources.
Key Findings
The Brackeen case, although framed as a child welfare issue, is part of a larger effort backed by fossil fuel interests to weaken tribal sovereignty.
The case reflects a long history of using seemingly “benevolent” initiatives to exploit Native communities, as seen in past efforts like the Indian Adoption Project, which sought to break cultural continuity and privatize tribal resources.
While ICWA was upheld, the ruling leaves the door open for future challenges to tribal sovereignty, especially in areas related to natural resources. There is ongoing concern that the far right and corporate interests will continue using legal strategies to dismantle tribal authority over land, resources, and self-governance.
Overview
On June 15, 2023, the Supreme Court issued an unexpected ruling in Brackeen v. Haaland, a U.S. Supreme Court case that challenged the Indian Child Welfare Act (ICWA) of 1978. While the ruling focused on the Indian Child Welfare Act (ICWA) of 1978, the implications could extend far beyond the case itself. At its core, the case questioned not only the protections afforded to Native children but also the broader legal foundation for federal laws safeguarding tribal lands and governance.
According to legal historian Greg Ablavsky, the strategy behind the case was to undermine the legal category of “Indians,” reframing it as a race-based classification. This redefinition could open the door to challenges against federal laws that regulate tribal land use, taxation, and natural resource management. A ruling against ICWA might have paved the way for industries such as oil, gas, and gaming to erode tribal sovereignty, weakening legal protections that uphold tribal self-governance.
In this article, we explore how ICWA’s origins as a protection against forced assimilation intersect with ongoing struggles over natural resource extraction, including oil and gas operations that depend on access to tribal water and land for waste disposal. We also examine the history of treaties in the U.S., many of which resulted in the expropriation of millions of acres of tribal lands and billions of dollars in resources. Finally, we delve into the racist ideological roots of the Brackeen case, which trace back to the 1950s, when Congress and the Bureau of Indian Affairs (BIA) shifted from honoring treaty commitments to pushing forced assimilation of Native nations.
“This lawsuit is the latest attempt by pro-fossil fuel forces to eliminate federal oversight of racist state policies, continue the centuries-long genocide of America’s Native populations, and make outrageous sums of money for energy magnates, gaming speculators, and fossil fuel lawyers.”
— Sarah Rose Harper and Jesse Phelps at the Lakota People’s Law Project
Supreme Court’s Brackeen v. Haaland
Brackeen v. Haaland is a U.S. Supreme Court case that challenged the Indian Child Welfare Act (ICWA) of 1978, a federal law designed to keep Native American children within their tribal communities. The ICWA was passed in response to decades of forced removal of Native children from their families and communities, often placing them in non-Native homes through adoption or foster care. The law sought to preserve tribal sovereignty and cultural continuity by giving tribes a significant role in child custody decisions involving Native children.
In Brackeen v. Haaland, the plaintiffs—Chad and Jennifer Brackeen, a non-Native couple from Texas—argued that ICWA violated the U.S. Constitution by discriminating based on race. They sought to adopt a child of a Navajo woman and Cherokee man and claimed that ICWA’s preferences for placing Native children with Native families disadvantaged them and was unfair. The Brackeens, backed by other plaintiffs and organizations, framed their argument as a fight for children’s welfare, portraying ICWA as an obstacle to placing Native children in what they believed were more loving, stable homes.
The efforts of the Brackeens, a wealthy, white, religiously conservative couple have been criticized as embodying the “white savior” mentality, a modern-day version of what Henry Knox once referred to as the “Great Father” approach.
On the surface, their claim might seem benevolent, as it could appear motivated by a desire to provide more opportunities for children. However, this framing ignores the historical context of child removal policies in the U.S., where similar “benevolent” efforts were often used to erase Native cultures and facilitate the privatization of tribal lands and resources. The case taps into a long history of forced assimilation and undermining tribal sovereignty under the guise of doing what’s “best” for Native children. For this reason, it raises deep concerns about continuing patterns of dispossession.
While this case appeared to be a straightforward challenge to tribes’ ability to intervene in the adoption of Native children by non-Native families, it was fundamentally about undermining tribal sovereignty—not just over adoption, but over all aspects of governance. This connection to natural resources becomes clearer when considering the states involved in the case: Texas, Ohio, Louisiana, and Indiana—states that are home to significant fossil fuel extraction and infrastructure. By targeting tribal sovereignty, the case could have opened the door for energy companies to more easily access and exploit tribal lands and resources. For this reason, it raises deep concerns about continuing patterns of dispossession.
William “Bill” (Reekumąnį) Greendeer (1954-2020) of the Ho-Chunk Tribe looking out on Smart Sands’ Tomah, a Wisconsin frac sand mine that devastated his tribe’s lands. (Photo by Ted Auch, FracTracker Alliance, 2018)
The Hidden History of Native Child Removal and Resource Exploitation
If the Brackeens and their legal team understood history, they might realize why Native tribes are so distrustful of their nakedly racist claims. In the 1950s, profit-driven public-private partnerships (PPPs) influenced by rail and fossil fuel corporations, states and the Bureau of Indian Affairs (BIA) increased efforts to remove Native children from their families. This was part of the Indian Adoption Project, which aimed to break cultural continuity, depopulate reservations, and privatize the energy resources beneath Native lands from the Great Plains to New Mexico.
“The primary goal and need of Indians today is not for someone to feel sorry for us…Nor do we need to be classified as semi-white and have programs and policies made to bleach us further. Nor do we need further studies to see if we are feasible. We need a new policy by Congress acknowledging our right to live in peace, free from arbitrary harassment…What we need is a cultural leave-us-alone agreement, in spirit and in fact.”
— Excerpt from “Custer Dies for Your Sins: An Indian Manifesto” by Vine Deloria, Jr. as quoted in “The Rediscovery of America” by Ned Blackhawk, Page 440
The Association on American Indian Affairs (AAIA) summarized this injustice in a 1968 statement: “The Devil’s Lake Sioux people and American Indian tribes have been unjustly deprived of their lands and livelihood…Now they are being dispossessed of their children…[by] County welfare workers…without sufficient cause and without due process of law.” The Brackeens, along with their fossil fuel supporters, continue this capitalist effort to clear the way for resource extraction—all under the guise of doing what’s best for a community that has struggled to trust any treaty or relationship since first contact.
As a result, modern Native nations are forced to remain vigilant against new legal threats, even though the Supreme Court reaffirmed in 2011 that there is a “general trust relationship between the United States and the Indian people…to the fulfillment of which the national honor has been committed.” In practice, however, Native people have faced removal, assimilation, and termination, with courts, federal and state agencies, and multinational corporations working toward the same goal: severing tribes from their communities, each other, and the natural resources coveted by major fossil fuel companies.
“Placing children in non-Native families accomplished multiple policy objectives. It diminished state welfare to tribes, inculcated Indian adoptees into new forms of domesticity, and concomitantly punished tribal communities that practiced differential gendered or kinship systems. Adoption also encouraged broader efforts at urbanization by steering adoptees away from tribal communities.”
History of Treaties and Tribal Sovereignty: The Supreme Law of the Land?
The relationship between Native Americans, the federal government, and the states has historically been contentious, often marked by coercion and exploitation of Native peoples, all in the name of “Manifest Destiny.” As early as the 1780s, guidebooks like one written for settlers in Kentucky praised how the frontier had been “miraculously” transformed “from an uncultivated waste to the elegances of civilization.” However, the benefits of this so-called progress were not shared with Native nations. As Seneca leader Red Jacket told New York officials, “You tell us that our Country is within the lines of the States…This surprises us, for we had thought our lands were our own.”
Unlike the divide over chattel slavery in the United States, northern leaders were just as committed to Native displacement as their southern counterparts. Massachusetts Congressman Nathan Dane once lamented to his state legislature that “Had it not been for the hostile appearances in the Indians, 7,000,000 acres of the land belonging to the United States would now have been surveyed, and ready for sale.” Even influential European thinkers like Jean-Jacques Rousseau, a key figure in the French Enlightenment, viewed Native Americans as “noble savages” who needed to be brought under the control of white settlers, whom he described as the “race of cultivators” and the “chosen people of God.”
The Myth of Fair Treaty Negotiations with Native Nations
The notion that treaties between the U.S. government and Native nations were peaceful, good-faith efforts is another myth. Historian Susan Sleeper-Smith, in her book Indigenous Prosperity and American Conquest, recounts a U.S. Treaty Commissioner telling Native delegates, “The arms of the United States are again exerted against you…The United States wish to give you peace…but, if you foolishly prefer war, [our] warriors are ready to meet you in battle.”
In the first of the “Marshall Trilogy” cases, former Chief Justice John Marshall declared in Johnson v. M’Intosh that only the federal government had the authority to acquire Native lands through treaties. Marshall invoked the so-called “Doctrine of Discovery,” which he essentially invented. He claimed that the discovery of a territory by Europeans granted them the exclusive right, above all other nations, to purchase Native lands. This doctrine echoed the Monroe Doctrine’s assertions of supremacy and was used to justify the continued displacement of Native peoples, granting the “discoverer” the “right, against other nations, to purchase Indian land.”
“The main purpose of an Indian treaty was to take land from the tribe. Although certain promises were given by the federal government in exchange, no effort was made in any of these treaties to list the many rights that these sovereign tribal governments retained. An Indian treaty therefore should be viewed, the Supreme Court has explained, “not [as] a grant of rights to the Indians, but a grant of rights from them.”
— United States v. Winans (1905) as cited in “The Rights of Indians and Tribes, 4th Edition” by Stephen L. Pevar, (Oxford University Press, Oxford and New York, 2012), Page 47-48
Andrew Jackson’s Indian Removal Act
The Indian Removal Act of 1830 was a clear and deliberate effort by the federal government, under President Andrew Jackson, to nullify all previous treaties and, in the words of the act, “extinguish the Indian claim.” Jackson was so enthusiastic about the act’s passage that, in his State of the Union address that year, he celebrated the approval to “acquire the countries occupied by the red men of the South and West” and to “send them to a land where their existence may be prolonged and perhaps made perpetual.”
The “Southern Strategy” is often associated with the Republican Party’s use of racism in the South during the Civil Rights era, marking the party’s shift from the Party of Lincoln to its modern form. However, this was not the first time such a strategy was used to marginalize people of color in the U.S. During Andrew Jackson’s presidency, Native nations faced a similar “southern strategy,” as several southern states invoked “states’ rights” to resist or nullify federal treaties. Georgia, in particular, frequently argued that treaties with Native nations violated its sovereignty.
“Rightly considered, the policy of the General Government toward the red man is not only liberal, but generous. He is unwilling to submit to the laws of the States and mingle with their population. To save him from this alternative, or perhaps utter annihilation, the General Government kindly offers him a new home, and proposes to pay the whole expense of his removal and settlement.”
As the War of 1812 progressed, southern states increasingly laid claim to Native lands. Jackson went so far as to argue that it was “absurd for the sovereign to negotiate by treaty with the subject,” dismissing the legitimacy of Native nations as equal negotiating partners. He and other southern leaders frequently resorted to violence to dispossess Native peoples. John C. Calhoun, then Secretary of War and later the creator of the Office of Indian Affairs, told Cherokee leaders that their existence was “incompatible with Georgia’s,” declaring it impossible for them to remain “as a distinct society or nation, within the limits of Georgia.”
The Indian Removal Act of 1830 escalated these efforts, with Jackson making removal the cornerstone of his presidency. Much like today, where natural resources on Native lands are still highly coveted, Georgia hastened the expulsion of the Cherokee when gold was discovered on their land, resulting in the theft of nine million acres. Similarly, Colonel Henry Sibley, notorious for targeting Native nations, marched from Texas to seize gold mines in northern New Mexico and Colorado, continuing the violent legacy of resource exploitation and displacement. As discussed in an excerpt from Episode 138 of the 5-4 Pod “United States v. Sioux Nation with Nick Estes” hosted by Peter Shamshiri, Michael Liroff, and Rhiannon Hamam. Mr. Estes is the author “Our History Is The Future: Standing Rock Versus the Dakota Access Pipeline” and the host of the Red Nation podcast:
Rhiannon: Just a couple of years later, the U.S. Army does an exploratory expedition into the Black Hills during which the U.S. Army finds gold, confirms that there is gold on this land.
Peter: Treaty canceled. Treaty canceled.
Rhiannon: No more treaty anymore. Burn that shit. At that point, the U.S. government is not just not enforcing the treaty, but actively disregarding it in favor of white settlers. Who are flooding the area to extract all of these natural resources?
Mining Boom and Resource Exploitation on Native Lands
The dispossession of Native nations’ mineral resources escalated rapidly when the Union added the territories of Colorado, Nevada, Idaho, Arizona, and Montana between 1861 and 1864. During this period, “with reckless abandon, miners seized lands, resources, and Indigenous lives in a process of dispossession that shadowed the nation’s war effort.” Similar to the fracking boom that has been imposed on rural America, Native lands, and federal territories, this mining rush was driven by migratory male crews who targeted Indigenous lands and peoples for exploitation, with a particular focus on Indigenous Women and Girls that persists to this day anywhere a “man camp” pops up adjacent to epicenters of resource extraction. These workers labored in temporary extractive economies, which laid the groundwork for a legal system that, after the Civil War, enforced gendered and racialized authorities to maintain white supremacy by protecting white-owned property.
A thread connecting the settler colonialism of the past to the current motivations behind Brackeen v. Haaland is that, just as today with fracking and rare earth element mining, state and federal agencies historically facilitated irresponsible and excessive water consumption. This was done for rail expansion, timber and oil extraction, exploitative grazing agreements with non-Indigenous farmers, and other natural resource exploitation. These actions continue to define the coal, oil, and gas industries’ treatment of Native tribes and the environment under the guise of integrating “Native resources into the American economy.” As Commissioner of Indian Affairs William Dole stated, “The scarcity of game in these Territories, and the occupation of the most fertile portions thereof by our settlements, have reduced these Indians to a state of extreme destitution… They have been almost literally compelled to resort to plunder to obtain the necessaries of life.”
This exploitation funded much of the Union’s victory in the Civil War and was intensified during the Reservation Era (1879–1934), which dramatically reduced and fragmented tribal landholdings through laws such as the Homestead Act, Morrill Act, Dawes Act (General Allotment Act of 1887), Pacific Railway Act, and the Fort Wise Treaty of 1861. The latter forced the Arapaho and Cheyenne tribes to cede nearly all their lands to the U.S. government, except for a small reserved tract. Colorado Governor and Union Pacific board member John Evans saw these developments as vast opportunities for privatizing natural resource wealth.
Tactics of the day included “land alienation,” which subdivided reservations despite treaties being regarded as the “supreme law” of the land. However, the legal authority of treaties was undermined by the Supreme Court’s ruling in Lone Wolf v. Hitchcock (1903), which granted Congress “plenary power” over Native affairs, effectively stripping Native peoples of their rights. The Court justified this by describing Native people as an “ignorant and dependent race,” allowing the U.S. government to break treaty promises with impunity.
These strategies, along with Relocation by way of the Indian Vocational Training Act in 1956, were aimed at separating “individuals from collective structures of tribal governance” even though tribes have always prioritized collective empowerment over the rights and aspirations of the individual. Nations such as the Seminole, Choctaw, Chickasaw, Creek, and Creek were hit even harder in places like Oklahoma where the federal government nullified their treaties with the Confederate States.
“The whites have now got our lands, and I hope they will be satisfied and let us live in peace.”
— Lakota leader Phizí (Gall)
Attacks on tribal collective ways of life resurfaced during the McCarthy era, as figures like South Dakota Congressman E.Y. Berry and Senator George Malone of fossil fuel-rich South Dakota and Montana, respectively, accused Democrats and the Bureau of Indian Affairs of promoting socialist governance through the Wheeler-Howard Act (1934). This Act, also known as the Indian Reorganization Act, aimed to support tribal self-governance and protect reservation lands, but critics claimed it would “entwist and entangle the tree of liberty” by perpetuating what they saw as socialist environments on reservations. The prevailing mindset in Washington, D.C., at the time was to do everything possible to “free” tribal members from the so-called limitations of being Indian—primarily to separate tribes from their culture and, as we now understand, from the valuable resources beneath their land.
Before the discovery of vast coal, oil, gas, and other mineral wealth on reservation lands—documented in books like Killers of the Flower Moon—the federal government expropriated treaty lands for buffalo slaughter, export, and sale to railroad operators under agreements such as the Delaware Treaty of 1861. These actions, driven by a desire to open Native lands to private interests, aligned with the views of individuals like Walter Camp, who, in his 1920 report “The Condition of Indian Reservations,” wrote that “the Indian is not a capitalist.”
Members of the Nachusa Grasslands Prairie Restoration buffalo herd in Franklin Grove, Illinois. (Photo by Ted Auch, FracTracker Alliance, 2018)
The federal government’s assimilation campaign of the 1860s and beyond proved disastrous for tribes but was a boon for natural resource corporations. Various public-private partnerships resulted in the allotment of tribal lands, devastating Native oil, timber, and grazing assets, while these resources were “integrated” into the American capitalist economy. In return, reservations received only a fraction of the value they were owed for their lands:
“While dams, reservoirs, nuclear testing, and uranium mining impacted Native nations adversely, other Cold War developments seized Native lands and resources. Hydroelectric plants and coal from the Colorado plateau brought electricity to growing western cities like Los Angeles and Phoenix. Like uranium, the coal deposits – estimated at 5 billion tons – lay underneath Navajo and Hopi homelands…Every year the Four Corners Generating Station, located on Navajo land, deposited over eight thousand tons of pollutants. Every day, forty-two hundred tons of coal were unearthed through dynamite blasts. A vast toxic lake accompanied its construction as pumps removed water from the river to return it to the plant for coolant.”
US CO2 Emissions 2010-2015 from EPA FLIGHT Data Portal
This interactive maps shows CO2 emissions for all facilities reporting to the EPA Flight database between 2010 and 2022 including annual and total emissions.
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Some tribes have resisted federal involvement in managing their natural resources, most notably the Menominee and Red Lake Ojibwe tribes of Wisconsin and Minnesota. For over a century, these tribes have sustainably harvested timber from their forests, making decisions that are best for their quarter-million acres of forest rather than serving corporate interests. Unlike large timber companies such as Weyerhaeuser or Georgia Pacific, which have practiced rapacious extraction throughout North America, the Menominee have always emphasized sustainable harvesting to ensure that both the trees and jobs endure for future generations.
In contrast, the 208,000-acre Quinault Reservation on Washington’s Olympic Peninsula experienced a much different fate. After signing the Quinault River Treaty on July 1, 1855, and later being subjected to the Dawes Act of 1887 (also known as the General Allotment Act), the Quinault’s old-growth forests were ravaged by clear-cutting and road construction. This led to massive erosion and sedimentation in the Quinault and Queets rivers, which severely impacted the spawning runs of Chinook, Coho, Chum, Steelhead, and Blueback (sockeye) salmon.
The Legal Battle Over Tribal Sovereignty and Resource Rights
This conflict culminated in the Supreme Court case United States v. Mitchell (1983), in which the Court found the U.S. government liable for financial damages due to its breach of fiduciary trust responsibilities in managing Quinault forests. This decision followed United States v. Mitchell (1980), or “Mitchell I,” where the Supreme Court initially ruled that the Department of the Interior had no fiduciary responsibility to the tribe, citing a “limited” trust as outlined in the General Allotment Act of 1887. In that ruling, the Quinault tribe was left without recourse. However, three years later, in Mitchell II, the Supreme Court revisited the case and sided with a lower court’s ruling, finding that the federal government had “comprehensive” and “elaborate” control over tribal forestry resources. As a result, the Court ruled that the government, under an “enforceable trust,” owed the Quinault tribe damages for breaching its fiduciary duties.
In 1921, Zitkala-Ša of the Yankton Dakota Tribe was one of the Native leaders sounding the alarm about the fragmentation of tribal lands and the profiteering that would follow. In her book American Indian Stories, she warned of the Bureau of Indian Affairs, stating that “at all times great wealth in the form of Indian fund[s] to be subverted; valuable lands, mines, oil fields, and other natural resources to be despoiled or appropriated.”
“I think all we’re saying…is that what we have left is ours…Let us alone…[to] rebuild it.”
— Joe DeLaCruz, former President of the Quinalt Tribe commenting on the Indian Self-Determination and Education Assistance Act (ISDEAA)
U.S. Government’s Mixed Messages on Native Land Rights
Since the mid-to-late 1800s, there has been ongoing confusion about Congress’s power over treaties with Native nations. It wasn’t until 1980—112 years after the Fort Laramie Treaty—that the Supreme Court ruled in United States v. Sioux Nation that the U.S. government had illegally taken land in the Black Hills by violating Article 2 of the treaty. This pattern of sending mixed messages has been a hallmark of U.S. government policy. For instance, the U.S. Circuit Court of Appeals for the 2nd Circuit sided with the Iroquois Tribe in New York when they asked the federal government to file suit against the state for attempting to sell a 32-acre parcel of land. The Iroquois rightfully claimed that only the federal government had “sole authority to dispose [of] Indian lands.” While the Iroquois won against New York (United States v. Boylan [1920]), they had to rely on the federal government’s intervention, highlighting the inconsistency of federal policy and yet another example of why many tribes have given up on Congress and the courts and are instead turning to the Inter-American Commission on Human Rights, which is what the Onondaga Nation was forced to do to put pressure on the federal government This Upstate New York tribe was recently given back a fraction (0.04%) of their original Canandaigua Treaty lands that had been taken from them piece by piece since the treaty was signed in 1794.
As Peter Shamshiri from the 5-4 podcast said when introducing a discussion on United States v. Sioux Nation, these cases are not about right or wrong but rather about “the inadequacy of the existing law and the unwillingness of the Federal Government to comprehensively address the imperial colonization of tribal lands.” Time and again, fossil fuel corporations, railroads, and now seemingly well-intentioned prospective adopters of Indigenous children exploit this legal ambiguity to take what they want, often without compensation.
A similarly contradictory ruling occurred in United States v. Santa Fe Pacific Railroad Co. (1946), where the Supreme Court recognized that tribes had sole occupancy rights over definable territories and held title to reservation lands and associated natural resources. This decision blocked railways from seizing Indigenous water resources, yet it coexisted with other rulings that undermined tribal sovereignty and land rights.
Supreme Court’s Landmark Decision on Brackeen v. Haaland and Tribal Sovereignty
On June 15, 2023, the Supreme Court, led by Chief Justice John Roberts, issued a surprising 7-2 decision to uphold the Indian Child Welfare Act (ICWA) of 1978. The ICWA ensures that tribes have a say in custody proceedings involving Native children, with the goal of maintaining their connections to their families and communities.
The Brackeens’ Controversial Adoption Case
This attitude toward Native children has deep roots, tracing back to 1879 when U.S. cavalry captain Richard Henry Pratt opened the Carlisle Indian Industrial School in Pennsylvania. Pratt’s infamous motto, “kill the Indian, and save the man,” laid the foundation for a North American-wide system of boarding schools designed to forcibly assimilate Native children. Much like the Brackeens’ overtly religious motivations, Pratt spoke of Indian children in his boarding schools being “saturated with the spirit” of American freedom.
“We don’t want schools and school teachers. We want to be let alone to live as we wish…without the white man always there to tell us what we must do.”
Potential Impact on Oil, Gas, and Tribal Lands
Chad and Jennifer Brackeen, who claimed their case was solely about their desire to adopt Native children, were supported by powerful law firms working pro bono and multinational energy interests. These backers shared a common goal: to weaken the legal definitions of “Native” and “Indian,” which underpin tribal sovereignty. Their involvement raised questions about broader motives, particularly the potential to erode the framework of tribal self-governance.
Arizona State Law Professor Stacy Leeds highlighted the far-reaching implications of the case. Had the Supreme Court struck down ICWA, it could have opened the door to challenges against tribal political sovereignty, undermining the legal systems that allow tribes to govern themselves. Leeds explained that multinational energy companies, represented by firms like Gibson Dunn, had a vested interest in this outcome because it could weaken tribal authority in disputes over taxation, natural resources, and land rights. A ruling in favor of the Brackeens and their energy industry allies might have signaled that the Supreme Court was prepared to overturn key precedents in cases involving natural resources, taxation, and other areas critical to tribal governance.
The challenge to ICWA also raised concerns about further erosion of tribal sovereignty, echoing past injustices such as the Lakota Act of 1877, the Clapp Riders of 1904 and 1906, and treaties like the 1867 agreement with the White Earth Anishinaabe, which opened reservation lands to non-Native developers for exploitation of lumber, farming, coal, and lakefront property.
Fortunately, most scholars believe that, in this instance, the Supreme Court showed little interest in hearing challenges to the Indian Child Welfare Act (ICWA), or at least in considering such poorly constructed and sweeping efforts as this one, which was spearheaded by the now-disgraced and recently impeached Texas Attorney General, Ken Paxton. However, according to legal historian Greg Ablavsky, the long-term strategy behind this case was to question the very foundation of federal laws protecting Native lands. Many of these laws, as well as those regulating casinos on tribal land, are framed around the legal category of “Indians.” If “Indians” is defined as a race-based classification, the argument follows that those laws could be deemed unconstitutional.
As the ACLU pointed out in its amicus brief supporting ICWA, the plaintiffs argued that “tribal membership, ancestry, and descent are simply proxies for race…But ICWA far more precisely and narrowly defines those to whom it applies, and it does so by reference to political membership or eligibility, not race.” This distinction was affirmed in the 1974 Supreme Court case Morton v. Mancari, where the Court ruled that Native status is a political, not racial, designation.
The relationship between the federal government and Native tribes has always been about political sovereignty, not race—going back to the Constitution’s Commerce Clause (Article I, Section 8, Clause 3), and clarified in the Supreme Court’s ruling in Johnson v. McIntosh (1823). about tribal political sovereignty and not race. Yet, the Brackeens and their legal team at Gibson, Dunn, and Crutcher LLP tried to argue, as the ACLU noted, that ICWA is racially discriminatory against white people. However, Article I of the Constitution grants the federal government, not the states, authority over taxes, disputes, and commerce “with foreign nations, and among the several states, and with the Indian tribes.” As Ned Blackhawk points out in his book The Rediscovery of America, these last five words place tribes on the same level as states and foreign nations, which theoretically should dismiss the Brackeen claims outright.
The issue of taxation on tribal lands has been further complicated by the Supreme Court’s 6-3 ruling in Cotton Petroleum Corp. v. New Mexico (1989). The case concerned whether New Mexico could impose a “double tax” on oil and gas production on tribal lands, even though tribes were already allowed to tax such production under an earlier ruling (Merrion v. Jicarilla Apache Tribe, 1980). The Court sided with New Mexico, despite acknowledging that this double taxation could discourage mineral exploration on tribal lands. It also noted that New Mexico would collect millions more in revenue from taxing tribal oil and gas than it would spend on providing services to either the oil companies or the tribes.
Treaties between the U.S. government and Native tribes have always been a zero-sum game for the tribes, with the government using phrases like “for the common benefit of the United States” and invoking the “common good”—a concept popularized by Thomas Paine in his 1780 pamphlet Public Good. Paine argued that the U.S. government had every right to claim “vacant western territory” as the “common right” of all citizens, though by “all,” he excluded enslaved African and Native Americans. The Brackeens’ legal team appeared to echo sentiments expressed by James Madison in Federalist 42, where he noted that the Constitution’s vagueness regarding Native sovereignty was “not yet settled” and had long been “a question of frequent perplexity and contention.”
It’s difficult to take the Brackeens’ claims of virtuous intent at face value, particularly given that their legal representation, Gibson Dunn, has also defended major oil and gas companies like Energy Transfer Partners and Enbridge. The firm provided legal counsel to the Brackeens pro bono, raising concerns about its motivations. As Rebecca Nagle pointed out on her podcast This Land, “Seven months after the [DAPL] resistance camp in North Dakota was shut down, Gibson Dunn filed the Brackeens’ case in federal court.”
Before the Brackeen case, there was McGirt v. Oklahoma, a related case that SCOTUS ruled on in 2020. The Court had previously punted on a similar case, Carpenter v. Murphy, because Justice Neil Gorsuch had to recuse himself, having previously heard the case while serving on the U.S. Tenth Circuit Court of Appeals. Though ostensibly about sex crimes in McGirt and murder in Murphy, neither defendant was challenging their convictions; rather, they argued that crimes committed on tribal lands must be tried in federal, not state, courts. As Nagle explained in her podcast’s focus on ICWA, these cases are part of a broader strategy, where “the far right is using Native children to quietly dismantle American Indian tribes.”
Dakota Access Pipeline Proposal and Construction
This interactive map shows significant oil and gas pipeline proposals across the Upper Midwest/Great Plains as well as oil refineries, and significant moments in Indigenous history mentioned in Nick Estes’ account of the Dakota Access Pipeline conflict “Our History Our Future: Standing Rock Versus The Dakota Access Pipeline.”
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“To those of you invested in anti-pipeline movements, know that this fight is no different from those we’ve undertaken at Standing Rock against the Dakota Access pipeline or in Minnesota against Line 3. It’s the same enemy using a different tactic to poison the planet. This is almost certainly Big Oil coming through the back door, and the danger may now be even greater. The victim is not just Mother Earth, her waters, and her sacred womb. It’s not just the Indigenous women and families on the front lines of the epidemic of missing and murdered Indigenous women and girls. It’s not even just the children being protected by ICWA. We are talking about the potential destruction of all tribal law, the taking of all tribal lands, and the elimination of all Native sovereignty. This time, it certainly appears that Big Oil and its allies are using children as human missiles and the courts as the launch pads to accomplish their destructive agenda — all, of course, in the name of corporate profits.”
—Chase Iron Eyes, Lakota Law Co-Director and Lead Counsel, commenting on what was truly at stake in the Brackeen v. Haaland case in “Texas, Big Oil Lawyers Target Native Children in a Bid to End Tribal Sovereignty”
Surprisingly, in a much narrower ruling than Brackeen (5-4), the Court sided with those defending tribal sovereignty. The defendants in McGirt and Carpenter were challenging the rights of resource-rich states like Texas (Brackeen) and Oklahoma (McGirt and Carpenter) to infringe upon tribal sovereignty, which alarmed powerful oil and gas interests. These industries feared that if half of Oklahoma were recognized as Indian territory, tribes could regulate the oil industry on their land. A win for the tribes could result in significant financial losses for these industries.
At the time, the Trump administration was openly aligned with Oklahoma and the oil and gas sector. The Department of Justice even filed a brief asking the Court to take up the case and rule against the tribe. Legal experts noted that such filings are typically made only after an invitation from the Court, but the Trump administration, alongside its oil and gas benefactors, sought to ensure there was no ambiguity about their stance on this issue.
In a similar fashion to the Sackett v. EPA amicus brief, which was written on behalf of the American Petroleum Institute, Association of Oil Pipelines, and American Gas Association, one of the amicus briefs filed in the McGirt case was written on behalf of a consortium of large agricultural, oil, and gas interests including The Petroleum Alliance of Oklahoma, under the name “Environmental Federation of Oklahoma.” The brief, filed on behalf of The Petroleum Alliance of Oklahoma, stated that while “tribes have not regulated oil and gas but…may lead to tribal oil and gas regulation…Oil development in the former Creek territory began in the early twentieth century. At statehood, authority over oil and gas development transferred to Oklahoma, except on allotted lands.”
The fossil fuel industry’s involvement in this case stemmed from its concern about momentum shifting against them. This fear was amplified after the Supreme Court 2020 ruling, which declared that 3 million acres of land in oil-rich Oklahoma, including parts of Tulsa, needed to be returned to the Muscogee (Creek) Nation—with some calling the ruling “the most significant Native American related rulings in 100 years.”
Martin E. Red Bear (Oglala/Sicangu Lakota, b. 1947). Red Bear’s Winter Count, 2004. Canvas, acrylic paint; 116.5 x 116 cm. (26/8020) (Photo by Ted Auch, FracTracker Alliance, 2024)
The Supreme Court, Tribal Sovereignty, and the Future of Native Rights: What’s at Stake?
Was the Supreme Court’s ruling in Brackeen v. Haaland a signal that it recognizes its loss of trust among the American people and is working to regain it? Or did the Court merely hint to corporate interests and their allies that the legal strategy to challenge laws like the Indian Child Welfare Act (ICWA) needs to be more sophisticated? If Justices Alito and Thomas have their way, the latter will be true, and tribal sovereignty including self-determination as defined by the Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975, could be at serious risk. This objective has been clear among conservative Justices as far back as an opinion by former Chief Justice William Rehnquist in Oliphant v. Suquamish Indian Tribe (1978). As noted by Ned Blackhawk in The Rediscovery of America, Rehnquist went even further in a speech three years later, declaring, “This court has retreated from the position that Indians are sovereigns.”
“By submitting to the overriding sovereignty of the United States, Indian tribes therefore necessarily give up their power to try non-Indian citizens of the United States except in a manner acceptable to Congress. This principle would have been obvious a century ago when most Indian tribes were characterized by a ‘want of fixed laws [and] of competent tribunals of justice.’ H.R.Rep. No. 474, 23d Cong., 1st Sess., 18 (1834). It should be no less obvious today, even though present-day Indian tribal courts embody dramatic advances over their historical antecedents.”
— Chief Justice William Rehnquist in his opinion in Oliphant v. Suquamish Indian Tribe (1978)
Historian Greg Ablavsky, an expert on sovereignty, territory, and property in the early American West, wrote to me when I inquired about future challenges to ICWA and tribal sovereignty over mineral resources. Ablavsky noted, “I think future challenges to ICWA are much more likely, based on the theory laid out in the Kavanaugh concurrence. How far they’ll get is another question—[However] the fact that no one else signed on to the Kavanaugh concurrence is heartening, I think.” As Iowa Tribe member and University of North Dakota Law Professor Dan Lewerenz told APM’s Marketplace, “I have no doubt that the plaintiffs’ lawyers are actively looking for their next case to [try to] upset the Indian Child Welfare Act and Indian law more generally.”
The likes of Justices Thomas and Alito seem intent on continuing a legal trajectory that began with Montana v. United States (1981), which focused on whether the Crow Tribe could prohibit non-members from hunting and fishing within its reservation. However, University of Colorado professor of Natural Resources Law Sarah Krakoff, as quoted in Pevar (2012, Page 152), suggested that what the court was really signaling was “a relentless march towards the elimination of all forms of tribal authority over nonmembers” except in very limited circumstances.
No one is fooled by the Court’s aforementioned tribal sovereignty rulings, not least of which is Tom BK Goldtooth, Executive Director of the Indigenous Environmental Network (IEN) who issued the following statement following the ICWA ruling:
We should all heed Goldtooth’s cautionary words and recognize that six individuals in Washington are determined to impose a version of a theocratic state on the rest of us. Along with that comes an unwavering deference to corporations they view as “ostensibly ostracized or victimized.” Unfortunately, some of the most polluting, exploitative, and dangerous among these corporations belong to the fossil fuel industry. The implications of these rulings for fossil fuel demands—on water, waste management, and landscape alteration—are alarming to consider. Therefore, it’s no coincidence that the so-called Environmental Federation of Oklahoma (EFO), which supported the Brackeens’ argument, has a board that is occupied by employees at the Oklahoma Gas and Electric Company, ONE Gas, the notorious oil and gas processing firm Clean Harbors, a director at a prominent energy law firm in Tulsa named Donald Shandy, and even one Howard (Bud) L. Ground who is the organization’s current president and writes on his LinkedIn page of his latest consulting gig with the the Petroleum Alliance of Oklahoma helping them navigate regulatory and environmental affairs in the state.
Frontline residents, nonprofits, and allies must grasp the nuanced stakes of this moment, particularly the Supreme Court’s role in shaping the future of tribal sovereignty and its broader implications. Decisions impacting tribal governance are deeply intertwined with questions of environmental regulation and resource management, as weakening tribal sovereignty could pave the way for increased privatization of natural resources. While industries may profit in the short and medium term, the health and environmental consequences of these rulings are likely to be borne by communities for generations to come.
If families like the Brackeens truly want to help tribes—rather than aiding the dispossession and privatization of tribal lands and resources—they could instead use their resources and influence to address the federal policies that have left tribes among the poorest communities in the U.S., where infant mortality rates are five times the national average. As Ned Blackhawk points out, federal policies have historically granted officials “a nearly unfathomable degree of authority,” with the Bureau of Indian Affairs acting as the primary “banker, educator, doctor, and land manager” for reservations. Advocating for systemic change would align far more closely with what tribes have said they need.
However, the Brackeens’ case does not appear to center on tribal well-being. Instead, they have received legal support from Gibson Dunn, a law firm with close ties to resource multinationals, and benefited from arguments in amicus briefs issued by groups that oppose tribal sovereignty. While there’s no evidence that the Brackeens themselves have a direct interest in the fossil fuel industry, their case provides a slippery slope that could lead to the redefinition—or even elimination—of tribal sovereignty. Legal scholars have warned that undermining the Indian Child Welfare Act could set a precedent for broader challenges to tribal governance, opening the door for industries like oil and gas to exploit tribal lands under weakened protections. In this context, the Brackeens’ personal motivations become part of a much larger strategy that could harm the very communities they claim to want to help.
If the Supreme Court revisits a more polished version of this challenge to ICWA, they should take a lesson from Supreme Court pioneer Thurgood Marshall, who, in his opinion in McClanahan v. Arizona State Tax (1973), affirmed the importance of tribal sovereignty:
“The Indian sovereignty doctrine is relevant, then, not because it provides a definitive resolution of the issues in this suit, but because it provides a backdrop against which the applicable treaties and federal statutes must be read. It must always be remembered that the various Indian tribes were once independent and sovereign nations, and that their claim to sovereignty long predates that of our own Government.”
References and Footnotes
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Ted Auch, PhD2022-08-31 11:19:122022-09-15 11:08:15Carbon Capture and Storage: Fact or Fiction?
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FracTracker Alliance
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FracTracker Alliance2022-08-22 22:01:492022-09-15 11:11:54Pipeline Right-of-Ways: Making the Connection between Forest Fragmentation and the Spread of Lyme Disease in Southwestern Pennsylvania
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2022-08-22 09:52:582022-09-15 11:06:37FracTracker Finds Widespread Hydrocarbon Emissions from Active & Idle Oil and Gas Wells and Infrastructure in California
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2022-07-29 19:04:322022-09-15 11:05:17California Regulators Approve More Oil Well Permits Amid a Crisis of Leaking Oil Wells that Should be Plugged
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Guest Author
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Guest Author2022-06-23 15:29:312022-06-30 12:30:43An Insider Take on the Appalachian Hydrogen & CCUS Conference
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Matt Kelso, BA
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Matt Kelso, BA2022-06-21 15:46:522024-06-18 10:53:27Does Hydrogen Have a Role in our Energy Future?
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Guest Author
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Guest Author2022-05-13 16:19:112022-08-10 15:43:05Oil and Gas Brine in Ohio
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Guest Author
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Guest Author2022-05-03 09:37:492022-05-03 09:37:49PA Environment Digest Blog: Conventional Oil & Gas Drillers Dispose Of Drill Cuttings By ‘Dusting’
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Ted Auch, PhD
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Ted Auch, PhD2022-04-28 14:12:552022-04-28 14:12:55Real Talk on Pipelines
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Matt Kelso, BA
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Matt Kelso, BA2022-04-28 13:37:312023-03-09 14:03:402021 Production from Pennsylvania’s Oil and Gas Wells
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FracTracker Alliance
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
FracTracker Alliance2022-04-20 13:25:452022-04-20 17:23:17Mapping Energy Systems Impacted by the Russia-Ukraine War
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Erica Jackson
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Erica Jackson2022-04-11 16:48:092022-04-20 13:23:14Dimock residents working to protect water from a new threat: fracking waste
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2022-04-06 12:01:332023-08-24 19:08:53Implications of a 3,200-foot Setback in California
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2022-03-15 16:32:032022-03-15 18:00:00New Trends in Drilling Permit Approvals Take Shape in CA
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2022-03-14 15:18:402022-03-14 15:18:40Oil and Gas Drilling in California Legislative Districts
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Matt Kelso, BA
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Matt Kelso, BA2022-01-31 16:36:332022-01-31 16:36:33New Report: Fracking with “Forever Chemicals” in Colorado
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Matt Kelso, BA
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Matt Kelso, BA2022-01-20 15:32:142022-01-20 15:32:14Introducing: FracTracker’s comprehensive new Pennsylvania map!
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Erica Jackson
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Erica Jackson2021-12-01 15:27:402021-12-01 15:27:40New Letter from Federal Regulators Regarding how the Falcon has Been Investigated
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Guest Author
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Guest Author2021-12-01 15:20:152022-01-04 17:53:55US Army Corps Muskingum Watershed Plan ignores local concerns of oil and gas effects
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-11-09 14:59:182021-11-09 21:31:59Oil and gas companies use a lot of water to extract oil in drought-stricken California
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Ted Auch, PhD
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Ted Auch, PhD2021-11-05 09:43:472021-11-05 09:47:30Southeastern Texas Petrochemical Industry Needs 318 Billion Gallons of Water, but the US EPA Says Not So Fast
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Karen Edelstein
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Karen Edelstein2021-11-01 13:29:122021-12-17 11:53:41Chickahominy Pipeline project tries to exploit an apparent regulatory loophole
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Erica Jackson
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Erica Jackson2021-10-29 13:02:432021-11-01 12:17:20Map Update on Criminal Charges Facing Mariner East 2 Pipeline
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-09-14 14:26:442021-09-14 14:26:44It’s Time to Stop Urban Oil Drilling in Los Angeles
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Intern FracTracker
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Intern FracTracker2021-09-14 08:00:002022-01-24 17:49:20Infrastructure Networks in Texas
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-09-09 08:00:082021-09-08 17:30:46California Prisons are Within 2,500’ of Oil and Gas Extraction
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Karen Edelstein
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Karen Edelstein2021-08-26 11:19:442021-08-26 15:08:04New power plant proposal called senseless and wasteful by climate groups
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Erica Jackson
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Erica Jackson2021-08-24 07:15:232021-08-23 17:30:12Ongoing Safety Concerns over Shell’s Falcon Pipeline
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-08-05 16:38:392021-08-05 16:38:39New Neighborhood Drilling Permits Issued While California Fails to Act on Public Health Rules
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Karen Edelstein
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Karen Edelstein2021-08-02 17:05:372022-01-04 10:48:28The world is watching as bitcoin battle brews in the US
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FracTracker Alliance
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
FracTracker Alliance2021-07-27 09:58:142021-07-28 11:23:19Lycoming Watershed Digital Atlas
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-07-26 13:56:312021-07-26 14:03:09California Oil & Gas Drilling Permits Drop in Response to Decreased Permit Applications to CalGEM
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-07-20 16:32:222021-07-20 17:36:11California Denies Well Stimulation Permits
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Matt Kelso, BA
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Matt Kelso, BA2021-07-15 07:55:282021-07-15 07:55:28Mapping PFAS “Forever Chemicals” in Oil & Gas Operations
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Erica Jackson
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Erica Jackson2021-06-30 08:00:252022-05-02 15:24:21Updated National Energy and Petrochemical Map
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667
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Ted Auch, PhD
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Ted Auch, PhD2021-06-11 12:26:292021-07-01 11:12:42Ohio, West Virginia, Pennsylvania Fracking Story Map
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Ted Auch, PhD
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Ted Auch, PhD2021-06-03 12:51:592021-06-11 14:02:03Ohio & Fracking Waste: The Case for Better Waste Management
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Erica Jackson
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Erica Jackson2021-05-27 17:57:282021-05-28 09:53:57Pennsylvania Conventional Well Map Update
EPA
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Karen Edelstein
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Karen Edelstein2021-05-26 07:00:272023-07-18 10:31:34Impacts of 2020 Colonial Pipeline Rupture Continue to Grow
Jared Durelle
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Karen Edelstein
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Karen Edelstein2021-05-20 14:50:522022-01-10 17:07:38Gas Storage Plan vs. Indigenous Rights in Nova Scotia
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Intern FracTracker
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Intern FracTracker2021-05-19 10:51:122021-05-20 14:41:22Mapping Gathering Lines in Bradford County, Pennsylvania
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Karen Edelstein
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Karen Edelstein2021-04-20 14:05:162021-05-19 10:54:04Trends in fracking waste coming to New York State from Pennsylvania
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Matt Kelso, BA
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Matt Kelso, BA2021-04-14 15:01:522021-04-26 17:02:402021 Pipeline Incidents Update: Safety Record Not Improving
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Karen Edelstein
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Karen Edelstein2021-04-01 11:10:062021-04-15 14:08:35New York State Oil & Gas Well Drilling: Patterns Over Time
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Karen Edelstein
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Karen Edelstein2021-03-17 17:06:302021-09-16 13:15:25Risky Byhalia Connection Pipeline Threatens Tennessee & Mississippi Health, Water Supply
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Erica Jackson
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Erica Jackson2021-03-17 08:48:432021-04-15 15:11:21Shell’s Falcon Pipeline Under Investigation for Serious Public Safety Threats
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-03-04 15:29:422021-04-15 15:14:45Kern County’s Drafted EIR Will Increase the Burden for Frontline Communities
FracTracker Alliance, 2021
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Matt Kelso, BA
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Matt Kelso, BA2021-02-26 12:23:392021-04-15 14:08:41Pennsylvania’s Waste Disposal Wells – A Tale of Two Datasets
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-02-23 14:42:162021-04-15 14:08:42California Oil & Gas Setbacks Recommendations Memo
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2021-02-12 17:42:002021-04-15 14:08:43Oil and Gas Wells on California State Lands
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Ted Auch, PhD
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Ted Auch, PhD2021-01-29 10:30:092021-04-15 14:08:43Industrial Impacts in Michigan: A Photo Essay & Story Map
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2020-12-17 13:45:242021-04-15 14:16:02People and Production: Reducing Risk in California Extraction
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Kyle Ferrar, MPH
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Kyle Ferrar, MPH2020-11-18 12:40:132021-04-15 14:16:04Documenting emissions from new oil and gas wells in California
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Ted Auch, PhD
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Ted Auch, PhD2020-10-15 11:24:272021-04-15 14:16:07Energy Security, International Investment, and Democracy in the US Shale Oil & Gas Industry
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/08/FracTracker-in-the-Field-promotion5-scaled.jpg
844
1500
FracTracker Alliance
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FracTracker Alliance2020-08-14 12:44:552021-04-15 14:16:11FracTracker in the Field: Building a Live Virtual Map
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667
1500
Shannon Smith
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Shannon Smith2020-08-04 18:44:392023-01-17 10:30:44The Loyalsock Watershed Project
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/07/Mapping-gathering-lines-in-OH-and-WV-feature.jpg
833
1875
Intern FracTracker
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Intern FracTracker2020-07-02 12:09:192021-04-15 14:16:43Mapping Gathering Lines in Ohio and West Virginia
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430
1500
Ted Auch, PhD
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Ted Auch, PhD2020-06-18 10:24:572021-04-15 14:16:44The North Dakota Shale Viewer Reimagined: Mapping the Water and Waste Impact
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430
1500
Erica Jackson
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Erica Jackson2020-06-16 11:47:062021-04-15 14:16:44Falcon Pipeline Construction Releases over 250,000 Gallons of Drilling Fluid in Pennsylvania and Ohio
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/06/CalGEM-Drilling-and-Rework-Permits-2015-2020-feature.jpg
833
1875
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2020-06-08 08:44:542021-04-15 14:16:46Systematic Racism in Kern County Oil and Gas Permitting Ordinance
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724
1500
Matt Kelso, BA
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Matt Kelso, BA2020-05-29 16:22:102021-04-15 14:16:48Fracking Water Use in Pennsylvania Increases Dramatically
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/05/North-Brooklyn-Pipeline-demographics_1.jpg
914
2242
Guest Author
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Guest Author2020-05-18 09:00:212021-04-15 14:16:48New Yorkers mount resistance against North Brooklyn Pipeline
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/04/Map-of-New-2020-Fracking-Permits-in-California.jpg
720
1500
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2020-05-07 12:48:132021-04-15 14:16:49California, Back in Frack
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666
1500
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2020-04-02 10:20:422021-04-15 14:16:50California Setback Analyses Summary
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667
1500
Guest Author
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Guest Author2020-03-19 13:16:212021-04-15 14:16:51Air Pollution from Pennsylvania Shale Gas Compressor Stations – REPORT
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/03/New-York-State-Oil-Gas-Well-Viewer-2020.jpg
1208
1966
Karen Edelstein
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Karen Edelstein2020-03-11 12:07:052021-04-15 14:16:54New York State Oil & Gas Wells – 2020 Update
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400
900
Erica Jackson
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Erica Jackson2020-02-28 17:35:142022-05-02 15:21:42National Energy and Petrochemical Map
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/01/California-Governor-Gavin-Newsom--scaled.jpg
666
1500
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2020-02-24 10:09:182021-04-15 14:55:29Governor Newsom Must Do More to Address the Cause of Oil Spill Surface Expressions
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674
1500
Kyle Ferrar, MPH
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Kyle Ferrar, MPH2020-02-22 13:29:222021-04-15 14:55:30Oil & Gas Well Permits Issued By Newsom Administration Rival Those Issued Under Gov. Jerry Brown
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400
900
Matt Kelso, BA
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Matt Kelso, BA2020-02-21 16:13:542021-04-15 14:55:30Pipelines Continue to Catch Fire and Explode
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/01/Brookfield-scaled.jpg
667
1500
Ted Auch, PhD
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Ted Auch, PhD2020-01-13 17:51:102021-04-15 14:55:31The Hidden Inefficiencies and Environmental Costs of Fracking in Ohio
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667
1500
Matt Kelso, BA
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Matt Kelso, BA2020-01-07 18:02:382021-04-15 14:55:32Fracking in Pennsylvania: Not Worth It
Photo by Ted Auch, FracTracker Alliance
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533
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Ted Auch, PhD
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Ted Auch, PhD2019-12-20 09:49:212021-04-15 14:55:33Fracking Threatens Ohio’s Captina Creek Watershed
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667
1500
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2019-11-19 20:06:282021-04-15 14:55:36California is Frack Free, for the Moment
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667
1500
Intern FracTracker
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Intern FracTracker2019-10-10 11:50:142021-04-28 11:55:45How State Regulations Hold Us back and What Other Countries are doing about Fracking
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667
1500
Guest Author
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Guest Author2019-09-17 09:00:492021-04-15 14:56:25New Method for Locating Abandoned Oil and Gas Wells is Tested in New York State
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1421
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Shannon Smith
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Shannon Smith2019-09-12 15:42:582021-06-11 15:00:22Ohio’s Secret Fracking Chemicals
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/08/Abandoned-wells-PA-feature.png
667
1500
Intern FracTracker
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Intern FracTracker2019-08-08 14:17:382023-03-09 13:57:30Abandoned Wells in Pennsylvania: We’re Not Doing Enough
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982
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Shannon Smith
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Shannon Smith2019-08-07 09:36:032020-03-20 17:32:33Wildness Lost – Pine Creek
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683
1500
Ted Auch, PhD
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Ted Auch, PhD2019-07-23 14:37:052021-04-15 14:56:27The Underlying Politics and Unconventional Well Fundamentals of an Appalachian Storage Hub
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667
1500
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2019-07-11 14:48:462021-04-15 14:56:28Permitting New Oil and Gas Wells Under the Newsom Administration
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667
1500
Erica Jackson
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Erica Jackson2019-07-10 09:33:552022-02-15 10:54:51Mapping the Petrochemical Build-Out Along the Ohio River
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400
900
Kyle Ferrar, MPH
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Kyle Ferrar, MPH2019-07-02 12:03:382021-04-15 14:56:29Impact of a 2,500′ Oil and Gas Well Setback in California
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667
1500
Matt Kelso, BA
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Matt Kelso, BA2019-06-10 12:07:422021-04-15 14:56:30Production and Location Trends in PA: A Moving Target
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667
1500
Erica Jackson
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Erica Jackson2019-05-08 08:27:302021-04-15 14:56:31The Falcon Public Monitoring Project
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667
1500
Guest Author
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Guest Author2019-04-24 15:49:052021-04-15 14:56:34Release: The 2019 You Are Here map launches, showing New York’s hurdles to climate leadership
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400
900
Kyle Ferrar, MPH
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Kyle Ferrar, MPH2019-04-03 11:30:582021-04-15 14:56:34Idle Wells are a Major Risk
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400
900
Kyle Ferrar, MPH
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Kyle Ferrar, MPH2019-03-29 09:08:262021-04-15 14:56:53Literally Millions of Failing, Abandoned Wells
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667
1500
Ted Auch, PhD
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Ted Auch, PhD2019-03-07 14:32:242021-04-15 14:56:54Wicked Witch of the Waste
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400
900
Karen Edelstein
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Karen Edelstein2019-02-28 19:24:532021-04-15 14:56:54The Growing Web of Oil and Gas Pipelines
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400
900
Guest Author
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Guest Author2019-02-08 19:21:012021-04-15 14:56:55Unnatural Disasters
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667
1500
Matt Kelso, BA
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Matt Kelso, BA2019-01-31 10:54:552021-04-15 14:56:56Getting Rid of All of that Waste – Increasing Use of Oil and Gas Injection Wells in Pennsylvania
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/01/InjectionWell-Sky-Feature.jpg
400
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Ted Auch, PhD
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Ted Auch, PhD2019-01-09 14:37:272021-04-15 14:56:57A Disturbing Tale of Diminishing Returns in Ohio
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806
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Matt Kelso, BA
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.png
Matt Kelso, BA2019-01-08 14:14:382021-04-15 14:57:01Pennsylvania Drilling Trends in 2018
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Feature_2011_0621
Feature_2011_0616
US EPA
Article_2011_0701
Feature_2011_0705
7-u
Gas equipment
Thickness and Production
thickness_feature
thickness_feature
Drill near home from online album
news_2011_05_02
6 month production
Pitt_GSPH_logo
9-15-11
Marcellus Shale permits in regions deemed "unsuitable for mining".
PIPELINE_HOUSE
Gas Fire OH 2011
11shaleGasConf-PPtitleSlide
Lvklock-Marcellus-Shale
Marcellus Shale (at the surface)
All Oil & Gas Photos
shaffer creek
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