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Tribe v. Ashe

Citations: 92 F. Supp. 3d 1160; 2015 U.S. Dist. LEXIS 31435; 2015 WL 1137487Docket: Case No. 2:11-CV-00347-ABJ

Court: District Court, D. Wyoming; March 12, 2015; Federal District Court

Narrative Opinion Summary

In this case, the Northern Arapaho Tribe and its Business Council Chairman sought judicial review of a U.S. Fish and Wildlife Service (USFWS) decision regarding a permit to take bald eagles for religious purposes. The USFWS had issued a permit allowing the take of two bald eagles outside the Wind River Reservation to respect the Eastern Shoshone Tribe's objections, citing cultural and religious concerns. The plaintiffs challenged this decision under the Administrative Procedure Act (APA) and the First Amendment's Free Exercise Clause. The court concluded that while the USFWS's decision was not arbitrary under the APA, it did violate the Free Exercise Clause by imposing a burden on the Northern Arapaho Tribe's religious practices. The court further found that the decision did not breach the Religious Freedom Restoration Act (RFRA), as it constituted the least restrictive means to balance governmental interests. The court rejected the mootness argument, applying the exception for issues capable of repetition yet evading review, and remanded the case to the USFWS for reconsideration. The court also granted the defendants' motion to strike extra-record evidence and partially granted and denied the plaintiffs' claims.

Legal Issues Addressed

Administrative Procedure Act – Arbitrary or Capricious Review

Application: The court determined that the agency's decision regarding the permit was not arbitrary or capricious, as it was based on consideration of both tribes' cultural and religious objections.

Reasoning: The Court will uphold Defendants’ conclusion that the eagle take by the Northern Arapaho Tribe could offend the Eastern Shoshone Tribe's culture and religion, asserting that this conclusion was not arbitrary or capricious.

Chevron and Auer Deference

Application: The court applied Chevron and Auer deference to the agency's interpretation of regulations regarding eagle taking permits, finding the interpretation permissible.

Reasoning: Courts typically afford significant deference to an agency's interpretation of its regulations, and Defendants’ interpretation of the phrase is deemed neither plainly erroneous nor inconsistent with the regulation.

Free Exercise Clause of the First Amendment

Application: The court found that the U.S. Fish and Wildlife Service's decision to restrict eagle taking to areas outside the Wind River Reservation violated the Free Exercise Clause because it imposed a burden on the Northern Arapaho Tribe's religious practices.

Reasoning: The Court found that Defendants’ exclusion of the Wind River Reservation from the area where Plaintiffs could take eagles violated the Free Exercise Clause.

Mootness Doctrine and Exceptions

Application: The court considered the exception to mootness for issues capable of repetition yet evading review, as the permit challenges were likely to recur with similar objections from the Eastern Shoshone Tribe.

Reasoning: Dismissing the case on mootness grounds would allow Defendants' decision to escape review, prompting the Court to apply the exception for controversies capable of repetition yet evading review.

Religious Freedom Restoration Act

Application: The court ruled that the U.S. Fish and Wildlife Service's decision did not violate RFRA because it was deemed the least restrictive means to balance the government's compelling interests in protecting eagle populations and respecting tribal religions.

Reasoning: Ultimately, Defendants determined that permitting the Northern Arapaho Tribe to take two bald eagles was the least restrictive means of fulfilling their governmental interests in protecting eagle populations and respecting the tribes' religions and cultures.