Lyng v. Northwest Indian Cemetery Protective Assn.

485 U.S. 439, 108 S. Ct. 1319, 99 L. Ed. 2d 534, 1988 U.S. LEXIS 1871, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21043, 56 U.S.L.W. 4292
CourtSupreme Court of the United States
DecidedApril 19, 1988
Docket86-1013
StatusPublished
Cited by930 cases

This text of 485 U.S. 439 (Lyng v. Northwest Indian Cemetery Protective Assn.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lyng v. Northwest Indian Cemetery Protective Assn., 485 U.S. 439, 108 S. Ct. 1319, 99 L. Ed. 2d 534, 1988 U.S. LEXIS 1871, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21043, 56 U.S.L.W. 4292 (1988).

Opinions

Justice O’Connor

delivered the opinion of the Court.

This case requires us to consider whether the First Amendment’s Free Exercise Clause prohibits the Government from permitting timber harvesting in, or constructing a road through, a portion of a National Forest that has tradi[442]*442tionally been used for religious purposes by members of three American Indian tribes in northwestern California. We conclude that it does not.

I

As part of a project to create a paved 75-mile road linking two California towns, Gasquet and Orleans, the United States Forest Service has upgraded 49 miles of previously unpaved roads on federal land. In order to complete this project (the G-0 road), the Forest Service must build a 6-mile paved segment through the Chimney Rock section of the Six Rivers National Forest. That section of the forest is situated between two other portions of the road that are already complete.

In 1977, the Forest Service issued a draft environmental impact statement that discussed proposals for upgrading an existing unpaved road that runs through the Chimney Rock area. In response to comments on the draft statement, the Forest Service commissioned a study of American Indian cultural and religious sites in the area. The Hoopa Valley Indian Reservation adjoins the Six Rivers National Forest, and the Chimney Rock area has historically been used for religious purposes by Yurok, Karok, and Tolowa Indians. The commissioned study, which was completed in 1979, found that the entire area “is significant as an integral and indispensible part of Indian religious conceptualization and practice.” App. 181. Specific sites are used for certain rituals, and “successful use of the [area] is dependent upon and facilitated by certain qualities of the physical environment, the most important of which are privacy, silence, and an undisturbed natural setting.” Ibid, (footnote omitted). The study concluded that constructing a road along any of the available routes “would cause serious and irreparable damage to the sacred areas which are an integral and necessary part of the belief systems and lifeway of Northwest California Indian peoples.” Id., at 182. Accordingly, the report recommended that the G-O road not be completed.

[443]*443In 1982, the Forest Service decided not to adopt this recommendation, and it prepared a final environmental impact statement for construction of the road. The Regional Forester selected a route that avoided archeological sites and was removed as far as possible from the sites used by contemporary Indians for specific spiritual activities. Alternative routes that would have avoided the Chimney Rock area altogether were rejected because they would have required the acquisition of private land, had serious soil stability problems, and would in any event have traversed areas having ritualistic value to American Indians. See id., at 217-218. At about the same time, the Forest Service adopted a management plan allowing for the harvesting of significant amounts of timber in this area of the forest. The management plan provided for one-half mile protective zones around all the religious sites identified in the report that had been commissioned in connection with the G-0 road.

After exhausting their administrative remedies, respondents — an Indian organization, individual Indians, nature organizations and individual members of those organizations, and the State of California — challenged both the road-building and timber-harvesting decisions in the United States District Court for the Northern District of California. Respondents claimed that the Forest Service’s decisions violated the Free Exercise Clause, the Federal Water Pollution Control Act (FWPCA), 86 Stat. 896, as amended, 33 U. S. C. § 1251 et seq., the National Environmental Policy Act of 1969 (NEPA), 83 Stat. 852, 42 U. S. C. § 4321 et seq., several other federal statutes, and governmental trust responsibilities to Indians living on the Hoopa Valley Reservation.

After a trial, the District Court issued a permanent injunction prohibiting the Government from constructing the Chimney Rock section of the G-0 road or putting the timber-harvesting management plan into effect. See Northwest Indian Cemetery Protective Assn. v. Peterson, 565 F. Supp. 586 (1983). The court found that both actions would violate [444]*444the Free Exercise Clause because they “would seriously damage the salient visual, aural, and environmental qualities of the high country.” Id., at 594-595. The court also found that both proposed actions would violate the FWPCA, and that the environmental impact statements for construction of the road were deficient under the NEPA. Finally, the court concluded that both projects would breach the Government’s trust responsibilities to protect water and fishing rights reserved to the Hoopa Valley Indians.

While an appeal was pending before the United States Court of Appeals for the Ninth Circuit, Congress enacted the California Wilderness Act of 1984, Pub. L. 98-425, 98 Stat. 1619. Under that statute, much of the property covered by the Forest Service’s management plan is now designated a wilderness area, which means that commercial activities such as timber harvesting are forbidden. The statute exempts a narrow strip of land, coinciding with the Forest Service’s proposed route for the remaining segment of the G-O road, from the wilderness designation. The legislative history indicates that this exemption was adopted “to enable the completion of the Gasquet-Orleans Road project if the responsible authorities so decide.” S. Rep. No. 98-582, p. 29 (1984). The existing unpaved section of road, however, lies within the wilderness area and is therefore now closed to general traffic.

A panel of the Ninth Circuit affirmed in part. Northwest Indian Cemetery Protective Assn. v. Peterson, 795 F. 2d 688 (1986). The panel unanimously rejected the District Court’s conclusion that the Government’s proposed actions would breach its trust responsibilities to Indians on the Hoopa Valley Reservation. The panel also vacated the injunction to the extent that it had been rendered moot by the California’ Wilderness Act, which now prevents timber harvesting in certain areas covered by the District Court’s order. The District Court’s decision, to the extent that it rested on statutory grounds, was otherwise unanimously affirmed.

[445]*445By a divided decision, the District Court’s constitutional ruling was also affirmed. Relying primarily on the Forest Service’s own commissioned study, the majority found that construction of the Chimney Rock section of the G-0 road would have significant, though largely indirect, adverse effects on Indian religious practices. The majority concluded that the Government had failed to demonstrate a compelling interest in the completion of the road, and that it could have abandoned the road without thereby creating “a religious preserve for a single group in violation of the establishment clause.” Id., at 694. The majority apparently applied the same analysis to logging operations that might be carried out in portions of the Chimney Rock area not covered by the California Wilderness Act. See id.,

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485 U.S. 439, 108 S. Ct. 1319, 99 L. Ed. 2d 534, 1988 U.S. LEXIS 1871, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21043, 56 U.S.L.W. 4292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyng-v-northwest-indian-cemetery-protective-assn-scotus-1988.