Lyng v. Northwest Indian Cemetery Protective Association
Encyclopedia
Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988) , was a United States Supreme Court case. In 1982 The United States Forest Service (USFS) prepared a final environmental impact statement
for building a paved road through the Chimney Rock Area of the Six Rivers National Forest
located in Northern California
. The Forest Service issued a draft Environmental Impact Statement
(EIS) that outlined several proposals for road upgrades in the area. The USFS also commissioned a study of American Indian cultural and religious sites and found that since time immemorial, the area has been used by American Indian Tribes, the Yurok, Karuk
, and Tolowa
for religious rituals that rely on a quiet, undisturbed natural environment. The study therefore suggested the road not be completed because it would damage sacred areas beyond repair and disturb religious practices. The USFS rejected this recommendation, and also rejected suggested alternative routes outside the national. The USFS choose a route through the Chimney Rock area that was diverted from important archeological sites and areas used for religious activities. At roughly the same time, the USFS adopted a management plan allowing timber to be harvested in the same areas, again avoiding archeological and spiritual sites.
American Indian groups (led by the Northwest Indian Cemetery Protective Association) and the State of California sued for an injunction, challenging both the road building and timber harvesting decisions. The court issued a permanent injunction that prohibited the Government from constructing the Chimney Rock section of the road or putting the timber harvesting plan into effect, holding, inter alia
, that such actions would violate respondent Indians' rights under the Free Exercise Clause of the First Amendment
and would violate certain federal statutes.
The Trial Court found for Northwest Indian Cemetery Protective Association and issued an injunction. The USFS appealed. The Appellate Court affirmed and the USFS appealed again bringing the case to the Supreme Court. The United States Supreme Court reversed and allowed the road to be built.
The United States Supreme Court cited Bowen v. Roy
(476 U.S. 693 (1986)), and in a 3-5 decision found that the Free Exercise Clause affords an individual protection from certain forms of governmental compulsions, but it does not afford an individual a right to dictate the conduct of the Government's internal procedures.
In other words, government cannot tell you what you should or shouldn't believe, but it is not required to satisfy every citizen's religious needs and desires. After the case was decided, congress intervened and designated the area a “wilderness” under the Wilderness Act
and the road was not built. The Act protected the High Country, by adding it to the Siskiyou Wilderness Area.
Environmental impact statement
An environmental impact statement , under United States environmental law, is a document required by the National Environmental Policy Act for certain actions "significantly affecting the quality of the human environment". An EIS is a tool for decision making...
for building a paved road through the Chimney Rock Area of the Six Rivers National Forest
Six Rivers National Forest
Six Rivers National Forest is a U.S. National Forest located in the northwestern corner of California. It was established on July 1, 1947 by U.S. President Harry S. Truman from portions of Klamath, Siskiyou and Trinity National Forests. Its over one million acres of land contain a variety of...
located in Northern California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. The Forest Service issued a draft Environmental Impact Statement
Environmental impact statement
An environmental impact statement , under United States environmental law, is a document required by the National Environmental Policy Act for certain actions "significantly affecting the quality of the human environment". An EIS is a tool for decision making...
(EIS) that outlined several proposals for road upgrades in the area. The USFS also commissioned a study of American Indian cultural and religious sites and found that since time immemorial, the area has been used by American Indian Tribes, the Yurok, Karuk
Karuk
Karuk is an indigenous people of California in the United States.The tribal headquarters, located off State Route 96, is in the town of Happy Camp, California. Currently the tribe has three tribal board meeting places, in Yreka, Happy Camp, and Orleans...
, and Tolowa
Tolowa
The Tolowa are a Native American tribe. They still reside in their traditional territories in northwestern California and southern Oregon. Tolowa are members of the federally recognized Smith River Rancheria, Elk Valley Rancheria, Confederated Tribes of Siletz, as well as the unrecognized Tolowa...
for religious rituals that rely on a quiet, undisturbed natural environment. The study therefore suggested the road not be completed because it would damage sacred areas beyond repair and disturb religious practices. The USFS rejected this recommendation, and also rejected suggested alternative routes outside the national. The USFS choose a route through the Chimney Rock area that was diverted from important archeological sites and areas used for religious activities. At roughly the same time, the USFS adopted a management plan allowing timber to be harvested in the same areas, again avoiding archeological and spiritual sites.
American Indian groups (led by the Northwest Indian Cemetery Protective Association) and the State of California sued for an injunction, challenging both the road building and timber harvesting decisions. The court issued a permanent injunction that prohibited the Government from constructing the Chimney Rock section of the road or putting the timber harvesting plan into effect, holding, inter alia
Inter Alia
-Track listing:# Inter Alia# Outfox'd # Righteous Badass # The Altogether feat. Bix, Apt, UNIVERSE ARM and Cal# The Day-to-Daily# Trouble Brewing # The Prestidigitator# The Force...
, that such actions would violate respondent Indians' rights under the Free Exercise Clause of the First Amendment
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
and would violate certain federal statutes.
The Trial Court found for Northwest Indian Cemetery Protective Association and issued an injunction. The USFS appealed. The Appellate Court affirmed and the USFS appealed again bringing the case to the Supreme Court. The United States Supreme Court reversed and allowed the road to be built.
The United States Supreme Court cited Bowen v. Roy
Bowen v. Roy
Bowen v. Roy, 476 U.S. 693 , was a United States Supreme Court case which helped to establish limits on freedom of religion in the United States....
(476 U.S. 693 (1986)), and in a 3-5 decision found that the Free Exercise Clause affords an individual protection from certain forms of governmental compulsions, but it does not afford an individual a right to dictate the conduct of the Government's internal procedures.
In other words, government cannot tell you what you should or shouldn't believe, but it is not required to satisfy every citizen's religious needs and desires. After the case was decided, congress intervened and designated the area a “wilderness” under the Wilderness Act
Wilderness Act
The Wilderness Act of 1964 was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected some 9 million acres of federal land. The result of a long effort to protect federal wilderness, the Wilderness Act was signed...
and the road was not built. The Act protected the High Country, by adding it to the Siskiyou Wilderness Area.
Related Cases
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, 450 U.S. 707 (1981). - Bowen v. RoyBowen v. RoyBowen v. Roy, 476 U.S. 693 , was a United States Supreme Court case which helped to establish limits on freedom of religion in the United States....
, 476 U.S. 693 (1986).