9th Circuit: Tribe Delays Mining Under Endangered Species Act Because of Religious and Spiritual Concerns

In Karuk Tribe of California v. United States Forest Service, (9th Cir., June 1, 2012), the U.S. 9th Circuit Court of Appeals en banc agreed with the federal district court that the Karuk Indian Tribe has standing to challenge the continuation of gold mining operations along the Klamath River and its tributaries because these operations may, among other things, impact the Tribe’s ability to enjoy the spiritual, religious, subsistence, recreational, wildlife, and aesthetic qualities of the areas affected by the mining operations. Then in a 7-4 decision, the majority held that the Forest Service violated the Endangered Species Act when it allowed mining operations to proceed in areas of critical habitat for coho salmon without first consulting appropriate wildlife agencies. The New York Times reports on the decision.

Tribe Sues Over California Solar Project In Ancestral Lands

According to the Parker (AZ) Pioneer, on June 12 the Colorado River Indian Tribes filed suit in a California state court challenging the state's approval of a solar project near Blythe, Calif.  Invoking California's environmental quality act, the tribes say the the impact of the project was not adequately analyzed. This is one of ten solar projects that will cover 35,000 acres of tribal ancestral homeland.  The Parker Pioneer adds:

Historical and ancestral trails run through the land proposed for development (which lies about eight miles outside of the tribe’s reservation boundary) that were once used for physical and spiritual migration. The project site also house “burial grounds, grindstones, hammerstones, and petroglyphs” created by the tribes’ ancestors.