Court case

Lyng v. Northwest Indian Cemetery Protective Ass'n

The Court held the government may build a road and allow logging on its own land despite harm to Native religious practice.

Citation
485 U.S. 439 (1988)
Court
U.S. Supreme Court
Year
1988
Nations
Yurok, Karuk, Tolowa
Treaty at issue
none
Effect on land rights
eroded

What happened

As part of a project to create a paved 75-mile road linking two California towns, the Forest Service upgraded part of the road on federal land and planned to finish a stretch through a portion of a national forest in northwestern California. That land had traditionally been used for religious purposes by Yurok, Karok and Tolowa Indians.

A study commissioned by the Forest Service found the area had historically been used for religious rituals that depend upon privacy, silence and an undisturbed natural setting. The study recommended against completing the road, saying it would irreparably damage sacred areas. In 1982 the Service decided not to adopt that recommendation and prepared a final environmental impact statement for the road. An Indian organization, individual Indians, nature organizations and the State of California sued. The district court enjoined the road and a timber-harvesting plan, and the Court of Appeals affirmed in pertinent part.

The Supreme Court reversed, 5-3, in an opinion by Justice O'Connor; Justice Kennedy took no part. It held that "The Free Exercise Clause does not prohibit the Government from permitting timber harvesting" or building the road. The affected individuals would not be coerced by the government into violating their beliefs, nor penalized for religious activity. "Even assuming that the Government's actions here will virtually destroy the Indians' ability to practice their religion," the Court said, the Constitution gave no principle to uphold the claim. Justice Brennan dissented, joined by Justices Marshall and Blackmun.

In 2024 the Ninth Circuit's en banc opinion in Apache Stronghold called Lyng "the Supreme Court's controlling decision" for a free exercise claim over a federal land transfer.

Good to know. The opinion spells one tribe's name 'Karok'; this site uses 'Karuk.' Sacred-site locations are deliberately not given.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. Even assuming that the Government's actions here will virtually destroy the Indians' ability to practice their religionLyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988) (U.S. Reports, Library of Congress)
  2. the Constitution simply does not provide a principle that could justifyLyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988) (U.S. Reports, Library of Congress)
  3. This claim fails under the Supreme Court's controlling decision in Lyng v. Northwest Indian Cemetery Protective AssociationApache Stronghold v. United States, No. 21-15295 (9th Cir. en banc, amended May 14, 2024)

Research notes. The opinion names the specific area of national forest; sacred-site locations are deliberately not given here. The opinion spells the second tribe 'Karok'; our data spells it 'Karuk'. The Court's holding is about the Free Exercise Clause; it did not decide the statutory claims at length. The 9th Cir. quote is from its discussion of Apache Stronghold's Free Exercise claim.

Who is doing the work

Working with these nations

Native legal and land defense, nationally

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Connections

Links marked “suggested” were matched automatically by name or date and have not yet been reviewed by a person.

Doctrine applied 2

Nations named 2

Policy era 1

Limited 1

Sources

  1. supreme.justia.com/cases/federal/us/485/439/legal text copy
The record’s fields
Holding
The Free Exercise Clause does not bar the government from building a road or allowing logging on federal land even if it severely burdens Native religious practice; AIRFA creates no judicially enforceable rights.
Kind
Court case
Confidence
High

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