Turtle Talk

Lummi Tribe Sues Telephone Company over Destruction of Ancestral Burial Plots

May 15, 2026Matthew L.M. Fletcher

Here are the materials so far in Lummi Tribe v. Whidbey Telephone Co. (W.D. Wash.):

From the tribe:

The Lummi Nation filed a federal lawsuit against Whidbey Telecom, Whatcom County, and the U.S. Departments of Agriculture and Commerce alleging a multi-year pattern of federally funded broadband construction that repeatedly trenched through known ancestral burial grounds at Point Roberts, disturbing and destroying human remains while flouting mandatory tribal consultation and stop-work obligations under federal law. Ten days later, the Nation filed an emergency motion for a preliminary injunction supported by sworn declarations revealing that defendants assessed less than one percent of the construction area, that hundreds of ancestors’ remains may have been harmed by heavy equipment, and that the county admitted in writing to improperly issuing permits — seeking a court order to halt construction and compel full site access for recovery and reburial.

Oklahoma Federal Court Enjoins City of Henryetta from Exercising Criminal Jurisdiction over Indians in Indian Country

May 15, 2026Matthew L.M. Fletcher

Here is the order in Muscogee (Creek) Nation v. City of Henryetta (E.D. Okla.):

85 Order.pdf Download

Prior post here.

In Victory for Winnebago Tribe of Nebraska v. The Army, the 4th Circuit Confirms NAGPRA Applies to Carlisle

May 14, 2026May 14, 2026Matthew Campbell

Here is the Fourth Circuit’s decision vacating the lower court’s dismissal and holding that the Native American Graves Protection and Repatriation Act (NAGPRA) applies in Winnebago v. Department of the Army.

Winnebago v. Army Download

The ruling allows the Tribe to proceed with its lawsuit against the U.S. Army seeking repatriation of the remains of Samuel Gilbert and Edward Hensley, two Winnebago boys who died at the Carlisle Indian Industrial School more than 125 years ago.

The Winnebago Tribe of Nebraska’s Chairman, Chairman Brown stated, “The Fourth Circuit’s ruling brings joy to the Tribe. As the Court recognized, it would be a disservice to find NAGPRA does not protect the Winnebago’s right to bring home Samuel Gilbert and Edward Hensley for proper burials, according to our traditional practices. NAGPRA is an important statute our relatives fought for and is meant to “address the desires of Indians to bury their dead,” a right “for too long ignored.”

NARF Senior Staff Attorney Beth Margaret Wright explains, “Winnebago’s lawsuit demonstrates its commitment to honor its ancestors and its children; Winnebago continues to advocate for its rights under NAGPRA to bring Samuel and Edward home and provide them with the Tribal burials they were denied over 125 years ago. The Fourth Circuit recognized that Congress enacted NAGPRA as a remedy for this ‘shameful injustice.’”

“This is an extraordinarily important decision not only for the Winnebago Tribe, but for Tribal Nations across the country seeking to ensure that federal agencies finally comply with the laws enacted to help address the profound and multigenerational trauma inflicted by the federal Indian boarding school system,” said Greg Werkheiser of Cultural Heritage Partners, co-counsel for the Tribe.

More here. Previous post here.

Yurok Tribe and Allies Prevail over EPA on decaBDE Regulation

May 14, 2026Matthew L.M. Fletcher

Here is the opinion in Yurok Tribe v. EPA.

An excerpt:

The panel granted a petition for review of a 2024 Rule issued by the Environmental Protection Agency (“EPA”) concerning regulation of Decabromodiphenyl Ether (“decaBDE”), an additive flame retardant used in numerous products, and remanded without vacatur of the 2024 Rule to the EPA for renewed rulemaking and any other proceedings.