Lying v. Northwest Indian CPA: Difference between revisions
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The United States Forest Service was considering building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest. It was also considering timber harvesting in the area. A study commissioned by the Forest Service reported that harvesting the Chimney Rock area would irreparably damage grounds that had historically been used by Native Americans to conduct religious rituals. After the Forest Service decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lyng. |
Revision as of 14:38, 31 March 2011
Lyng, Petitioner v. Northwest Indian CPA, Respondent | |
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Argued November 30, 1987 Decided April 19, 1988 | |
Full case name | Lyng v. Northwest Indian CPA |
Docket no. | 88-515 |
Holding | |
Though the government's actions would have severe adverse effects on the Indians' practice of their religion, those effects were only incidental and did not attempt to coerce Native Americans to act in violation of their beliefs. The Court therefore held that the Forest Service was free to harvest the lands. | |
Court membership | |
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Case opinions | |
Majority | O'Connor, joined by Rehnquist, White, Stevens, and Scalia |
Dissent | Brennan, joined by Marshall, and Blackmun |
The United States Forest Service was considering building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest. It was also considering timber harvesting in the area. A study commissioned by the Forest Service reported that harvesting the Chimney Rock area would irreparably damage grounds that had historically been used by Native Americans to conduct religious rituals. After the Forest Service decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lyng.