Appearing unclear during a court hearing Thursday about tribal rights to access cultural resources on private land, a federal judge found the federal government should not be forced to stop construction on the border wall along the U.S.-Mexico border in California despite claims human remains were bulldozed over.
U.S. District Judge Anthony Battaglia, a Barack Obama appointee, was unclear about Native Americans’ rights to access cultural resources on private and federal lands during the first court hearing Thursday in a challenge brought by the La Posta Band of Diegueno Mission Indians. The tribe claims President Donald Trump and the federal government have failed to meet tribal consultation requirements regarding border wall construction, which cuts through Kumeyaay land in San Diego.
Attorney Michelle LaPena of Sacramento-based Rosette LLP, representing the tribe, answered affirmatively when asked by Battaglia if the tribe was allowed to access cultural resources even on private property. Still, after a lengthy court hearing, Battaglia ruled from the bench against the tribe’s motion for a temporary restraining order and preliminary injunction. The tribe had sought to stop the federal government from continuing border wall construction in portions of San Diego where it says human remains have been found at least once during construction this summer...
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