Protecting Native American Religious Sites OK Under Establishment Clause

In Mount Royal Joint Venture v. Kempthorne, (D.C. Cir., Feb. 16, 2007), the U.S. Court of Appeals for the D.C. Circuit rejected an Establishment Clause challenge to the Department of the Interior’s withdrawal of portions of the Sweet Grass Hills of Montana from mineral exploration. Plaintiffs’ claim was based on the fact that one of the articulated purposes of the withdrawal was to protect areas of traditional religious importance to Native Americans. Most of the court’s opinion dealt with challenges to the land management decision on other grounds.