In Pueblo of Santa Clara v. National Park Service, (D NM, Oct. 28, 2026), a New Mexico federal district court issued a temporary restraining order barring the National Park Service from issuing a Special Use Permit to Jemez Pueblo that would allow its members to conduct eagle take activities within the Valles Caldera National Preserve. Two other Pueblos objected to the grant of the Special Use Permit because the Preserve is a place of cultural and religious importance to them. Plaintiffs alleged, among other things, that granting the Special Use Permit violated the Religious Freedom Restoration Act. In issuing the TRO, the court said in part:
The NPS permit exists contemporaneously to a permit from the U.S. Fish and Wildlife Service (“USFWS”), which allows Jemez Pueblo to take up to eight golden or bald eagles from within Los Alamos, Rio Arriba, Sandoval, San Miguel, and Santa Fe counties.... Valles Caldera—part of Sandoval County—is encompassed by this area. Because Valles Caldera is under the authority of NPS, the USFWS permit alone does not give Jemez Pueblo authority to take eagles from Valles Caldera.....
Plaintiffs’ religious exercise is substantially burdened by the taking of even one golden or bald eagle from Valles Caldera. And there is a less restrictive means available to the government—permitting Jemez Pueblo to take golden and bald eagles from every location open to them under the USFWS eagle take for Indian religious practices permit except for Valles Caldera....
Here, the NPS permit balances the government’s interest in allowing the Jemez Pueblo to take eagles with Plaintiffs’ interest in preserving eagles by limiting the number of eagles Jemez Pueblo can take to one.... However, on this record, that is not the least burdensome way of balancing these competing interests. The least burdensome way of balancing the interests is to prevent Jemez Pueblo from taking any eagles from Valles Caldera. That’s because the government’s compelling interest is satisfied by allowing Jemez Pueblo to take eagles from every other location open to them under the USFWS permit. While taking eagles is a core religious practice for Jemez Pueblo, nothing in the record suggests that this practice must be exercised within Valles Caldera....
The complaint (full text) filed Oct. 26 had alleged that issuance of the Special Use Permit violated both the Religious Freedom Restoration Act and the National Environmental Policy Act.
Courthouse News Service reports on the decision. It also reported on the initial filing of the complaint.
[Thaks to Frank Buono for the lead.]
