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Tribes established villages, campsites, and burial grounds for people who died along the well-established regional trails, according to the documents. “Because ODOT has been dismissed from this suit, none of the defendants has authority to make the changes sought by plaintiffs,” according to the dismissal.Īll of the requests by the tribal leaders would make the highway less safe, according to the dismissal.Īccording to earlier court documents, the tribes have used the site since time immemorial for religious ceremonies that cannot take place anywhere else. The requests to repair the site by the tribal leaders would change parts of the safety project the Oregon Department of Transportation designed, according to the dismissal. Leaders also asked to remove an earthen berm, called an embankment by the federal government, that covers the site.
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The tribal leaders wanted the federal government to replace vegetation, remove a guard rail, and reconstruct the stone altar, called a rock pile by the federal government. In 2008, the highway safety expansion cut down old growth Douglas fir trees, bulldozed a burial ground and stone altar, and covered medicinal plants with an earthen berm, according to the complaint. “The remaining defendants are federal agencies that cannot order the outright removal of the challenged highway expansion,” according to the dismissal. Slockish and Jackson are from Washington. In 2012, the Oregon Department of Transportation had been dismissed from the long-running lawsuit based on the 11th Amendment, which protects states from being sued by people living in a different state. The tribal leaders said the destruction of the sacred site violated religious, environmental and land preservation acts. The tribal leaders asked the federal government to return much of the site to its original state before highway construction bulldozed the area, called Ana Kwna Nchi Nchi Patat, or the Place of Big Big Trees. Jackson died in 2020 after he was hospitalized due to Covid-19. Wilbur Slockish, hereditary chief of the Klickitat Band of the Yakama Nation Johnny Jackson, hereditary chief of the Cascade Band of the Yakama Nation and Carol Logan, a Confederated Tribes of the Grand Ronde elder, filed the lawsuit. The Oregon Department of Transportation owns the highway right-of-way easement that tribal leaders said also encompassed a small sacred area. Highway 26 that had an increase in traffic accidents and fatalities. In 2008, a safety project added a center turn lane to a mile-long stretch of U.S. The United States Court of Appeals for the Ninth Circuit on Wednesday sided with the federal government, saying the case of the tribal leaders was moot. A federal appeals court dismissed a lawsuit from Yakama Nation and Grand Ronde tribal leaders, who claimed a 2008 highway expansion destroyed a sacred site near Mount Hood.