New Mexico Pueblos Challenge Eagle-Take Permit at Valles Caldera Preserve

3 min readSources: Courthouse News

Two Pueblo tribes sued the National Park Service over an eagle-take permit at Valles Caldera Preserve.

Why it matters: This lawsuit highlights federal environmental law, indigenous religious rights, and tribal consultation on wildlife permits. Its outcome could affect how agencies respect tribal connections in managing sacred lands and animals.

  • On October 26, 2026, Pueblo of Santa Clara and Pueblo of Zia filed suit against the NPS over a 2023 eagle-take permit issued to Pueblo of Jemez.
  • They allege violations of the National Environmental Policy Act (NEPA), which requires assessing environmental impacts and alternatives, and the Religious Freedom Restoration Act (RFRA), protecting tribal religious rights.
  • Plaintiffs claim the NPS failed to consult other tribes, breaching the National Historic Preservation Act (NHPA), which safeguards cultural sites and practices.
  • The lawsuit criticizes the Environmental Assessment for lacking data on local eagle populations and ignoring safer alternatives like tribal-raised eagles.

On October 26, 2026, the Pueblo of Santa Clara and Pueblo of Zia filed a lawsuit challenging the National Park Service’s (NPS) permit to the Pueblo of Jemez, allowing eagle take at the Valles Caldera National Preserve in New Mexico.

The case revolves around multiple federal laws. NEPA (National Environmental Policy Act) requires agencies to assess environmental impacts thoroughly and consider reasonable alternatives before issuing permits.

The tribes contend that NPS’ 2023 environmental review fell short by relying on insufficient data about eagle populations in the preserve and not evaluating alternatives, including using eagles raised in tribal programs, which could minimize harm. This raises concerns about potential impacts on a species sacred to multiple Pueblo tribes.

The plaintiffs also cite RFRA (Religious Freedom Restoration Act), which protects the right to exercise religion unless the government meets a high bar for imposing burdens. Eagles hold deep religious and cultural significance for the Pueblos, and the permit allegedly threatens these sacred practices.

Additionally, the suit argues that NPS violated the National Historic Preservation Act (NHPA) by failing to consult the Pueblo of Santa Clara and Pueblo of Zia during the permit decision. Under NHPA, agencies must consult tribes with cultural or historical ties to the land to protect sacred sites and traditions.

The preserve itself is a collapsed volcanic crater considered a sacred landscape by several tribes. The dispute illustrates the complex balance between federal environmental management, species conservation, and indigenous religious freedoms.

This lawsuit, covered by Courthouse News and analyzed in a report by Indian Country Today, could influence how agencies conduct tribal consultations and environmental assessments on culturally sensitive federal lands going forward.

By the numbers:

  • October 26, 2026 — Date the Pueblo of Santa Clara and Pueblo of Zia filed the lawsuit
  • 2023 — Year the NPS issued the contested eagle-take permit
  • 14 miles — Diameter of the Valles Caldera National Preserve in New Mexico

Yes, but: While the lawsuit raises serious concerns about tribal consultation and environmental review, the NPS maintains it followed applicable laws and that the permit supports tribal cultural practices tied to the Pueblo of Jemez.

What's next: A court hearing on the lawsuit's preliminary injunction is expected in early 2027, which could temporarily halt eagle take activities at the preserve.