UNITED STATES of America, Plaintiff, v. THIRTY EIGHT (38) GOLDEN EAGLES OR EAGLE PARTS, Defendants

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Summary

  • Government sought forfeiture of eagles and eagle parts obtained from member of Red Lake Band of Chippewa Indians. Plaintiff alleged that the tribe member violated provisions of Eagle Protection Act (EPA) in obtaining eagles and eagle parts. Tribe member argued that seizure of eagles and eagle parts violated his free exercise rights, the American Indian Religious Freedom Act (AIRFA), and treaty rights. The United States Magistrate entered Report and Recommendation indicating that summary judgment should be granted to the plaintiff. The District Court held that tribe member had standing to challenge facial validity of EPA, but failed to establish violation of AIRFA or treaty between Red Lake Band of Chippewa Indians and United States.
  • Court also held that granting Indians exemption from requirements of EPA would considerably impede Government's interest in protecting endangered species. Therefore, the courts ruled that the AIRFA merely insures that the federal government treat Indian religions on equal footing with all others, but does not place Indian religion in an exalted position overruling the purposes of the EPA. The Magistrate's conclusion in her Report and Recommendation was affirmed and summary judgement granted to the plaintiff. Eagles and eagle parts were forfeited to the United States.

Subject

  • Reed, Edward C
  • United States District Court, D. Nevada
  • Eagle Protection Act
  • United States American Indian Religious Freedom Act

Category

Smithsonian Legal Documents

Legal document information

  • 649 F.Supp. 269 (D.Nev. 1986)
  • Title 16, Conservation
  • Court case

Contained within

649 Federal Supplement (Book)

Contact information

Institutional History Division, Smithsonian Institution Archives, 600 Maryland Avenue, S.W., Washington, D.C. 20024-2520, SIHistory@si.edu

Date

  • 1987
  • 10/15/1986

Topic

  • Treaties
  • Animals
  • Endangered ecosystems
  • Environmental policy
  • Actions and defenses
  • Repatriation
  • Birds
  • Ethnology
  • Ecology
  • Eagles
  • Ojibwa Indians
  • Environmental protection
  • Endangered species

Place

  • United States
  • North America

Form/Genre

Court case

Physical description

Number of pages: 13; Page Numbers: 269-281

Full Record

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