New Mexico Pueblo tribes sue over eagle-take plan at national preserve

The tribes say the eagle is revered by them, and that permitting the take would violate the National Environmental Policy Act and Religious Freedom Restoration Act.(CN) — Two New Mexico Pueblo tribes sued the federal government on Monday over its plan to permit a third Pueblo tribe to “take” eagles within the Valles Caldera National Preserve.The Pueblo of Santa Clara and Pueblo of Zia argue the preserve exists to protect, preserve and restore wildlife. They claim the National Park Service’s decision to grant the Pueblo of Jemez a take permit violates the National Environmental Policy Act because it conflicts with the preserve’s purpose.“Both Pueblos have deep and meaningful connections to the preserve and its wildlife, and the eagle populations of the preserve are considered by the Pueblos to be integral parts of their cultural and religious practices within the preserve, and essential to those practices, and should not be destroyed,” the plaintiffs write.They ask a federal judge to declare a finding of no significant impact, which opens the door to a special use permit, arbitrary and capricious, an abuse of discretion or otherwise unlawful. They also seek to block the Park Service from issuing a permit allowing the eagle take.“Take” means the capturing or killing of an animal.The plaintiffs say the preserve encompasses the crater of a collapsed volcano about 14 miles in diameter and has long been used by Pueblo tribes for religious and cultural practices.This summer, the Pueblo of Jemez applied for a special use permit to conduct eagle take in the preserve this month and next. The Park Service consulted with other tribes, including the plaintiffs, and told them it had proposed a determination of “no adverse effect.”The plaintiffs say the preserve’s superintendent later met with them to discuss their objections to the permit.“Both Pueblos’ representatives expressed their profound religious connections to the landscape of the caldera and the plants and wildlife it contains, and stated that the Valles Caldera should remain a sanctuary for eagles and other non-game wildlife, and maintained their objections to the proposed issuance of the SUP,” they add.The plaintiffs say they continued to object during the environmental assessment’s public comment period, citing what they called misleading or incorrect facts and flawed or incomplete reasoning.On Monday, the day the plaintiffs sued, the Park Service published its finding of no significant impact, clearing the way for a special use permit allowing the Pueblo of Jemez to conduct eagle-take activities.The plaintiffs say the Park Service provided no population studies or other information showing the take would not adversely affect eagles in the area.“Allowing harm to come to eagles in the preserve is strongly against the Pueblos’ cultural and religious values,” they add. “The Pueblos believe that the taking of eagles within the preserve would profoundly and adversely affect their cultural and religious relationship to the preserve.”The Pueblo of Santa Clara and Pueblo of Zia say they consider eagles sacred and that allowing their take would violate the Religious Freedom Restoration Act.They also say the law requires the Park Service to protect traditional cultural and religious sites within the preserve and does not authorize activity beyond providing access to those sites.The plaintiffs say the Pueblo of Jemez has previously received a special use permit for eagle take and that the Park Service failed to comply with the law.In 2023, the Park Service issued a permit without consulting other tribes — a requirement under the National Historic Preservation Act.The Park Service couldn’t be reached for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads