Indigenous Nuclear Injuries and The Radiation Exposure Compensation Act (Reca): Reframing Compensation Toward Indigenous-Led Environmental Reparations

Abstract

Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been disproportionately harmed by these practices. Radiation exposure has led to increased rates of several types of cancers, as well as lung and renal diseases and many other chronic conditions. Moreover, radiation has caused environmental degradation, contaminating water and food sources across tribal and traditional lands. Nuclear exposure has created multigenerational injuries for Indigenous Peoples, leading to permanent genetic problems and lasting ecological and spiritual consequences. This Note argues that the United States should fulfill its international human rights commitments by implementing comprehensive redress specific to the nuclear injuries of Indigenous Peoples. U.S. nuclear policy implicates a legacy of colonial violence and oppression; to that end, meaningful redress requires contextualized remedial approaches. In 1990, the United States Congress passed the Radiation Exposure Compensation Act (RECA), a compensatory statute that has awarded lump sums of money to categories of people exposed to nuclear radiation, such as uranium miners and people “downwind” of testing sites. However, this model falls short in important ways. With underinclusive coverage and narrowly constructed regulations, RECA effectively excludes some radiation-exposed Indigenous people. Considering the deliberate treatment of Indigenous Peoples and lands as disposable for the sake of U.S. policy, monetary compensation alone misses the mark in remedying lasting generational and environmental consequences. This Note examines international legal frameworks in order to highlight the human rights obligations that should inform the United States’ efforts to redress Indigenous Nations. Most importantly, the United States should defer to the leadership of Indigenous Peoples and the sovereignty of Indigenous Nations, recognizing that the scope of Indigenous self-determination encompasses determining the frameworks of nuclear redress as well as shaping the future of nuclear and environmental policies.