Winnebago Tribe of Nebraska v. United States Department of the Army

── Winnebago Tribe of Nebraska v. United States Department of the Army ── Court: Court of Appeals for the Fourth Circuit Date: May 14, 2026 Category: General USCA4 Appeal: 24-2081 Doc: 66 Filed: 05/14/2026 Pg: 1 of 41 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-2081 WINNEBAGO TRIBE OF NEBRASKA, Plaintiff – Appellant, v. UNITED STATES DEPARTMENT OF THE ARMY; DANIEL DRISCOLL, in his official capacity as Acting Secretary of the Army; UNITED STATES DEPARTMENT OF THE ARMY, OFFICE OF ARMY CEMETERIES; KAREN DURHAM-AGUILERA, in their official capacity as Executive Director of the Office of Army Cemeteries; RENEA C. YATES, in their official capacity as Director of the Office of Army Cemeteries; TORSTEN GOJOWSKY, Lieutenant Colonel, in their official capacity as Garrison Commander of the United States Army Carlisle Barracks, Defendants – Appellees. UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND; NATIONAL ASSOCIATION OF TRIBAL HISTORIC PRESERVATION OFFICERS; ASSOCIATION ON AMERICAN INDIAN AFFAIRS; CATAWBA NATION; GREAT PLAINS TRIBAL LEADERS HEALTH BOARD; SISSETON WAHPETON OYATE; SPIRIT LAKE TRIBE, Amici Supporting Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:24-cv-00078-CMH-IDD) Argued: September 10, 2025 Decided: May 14, 2026 USCA4 Appeal: 24-2081 Doc: 66 Filed: 05/14/2026 Pg: 2 of 41 Before HARRIS and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge. Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Floyd joined. Judge Rushing wrote a dissenting opinion. ARGUED: Beth Margaret Wright, NATIVE AMERICAN RIGHTS FUND, Boulder, Colorado, for Appellant. Tamara N. Rountree, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Jason Searle, NATIVE AMERICAN RIGHTS FUND, Boulder, Colorado; Danelle J. Smith, BIG FIRE LAW & POLICY GROUP LLP, Winnebago, Nebraska; Wesley James Furlong, NATIVE AMERICAN RIGHTS FUND, Anchorage, Alaska; Gregory Alan Werkheiser, Jessie Barrington, CULTURAL HERITAGE PARTNERS, PLLC, Richmond, Virginia, for Appellant. Adam R.J. Gustafson, Acting Assistant Attorney General, Thekla Hansen- Young, Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Dale W. Pittman, THE LAW OFFICE OF DALE W. PITTMAN, PC, Petersburg, Virginia; Kaitlyn E. Klass, UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND, Washington, D.C.; Lydia Locklear, CATAWBA NATION, Rock Hill, South Carolina, for Amici United South and Eastern Tribes Sovereignty Protection Fund, National Association of Tribal Historic Preservation Officers, Association on American Indian Affairs, and Catawba Nation. Frank S. Holleman, IV, Washington, D.C., Colin Cloud Hampson, Cassidy R. Guerro, SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP, Bonita, California; Leroy V. LaPlante, Jr., Director of Legal Affairs & General Counsel, GREAT PLAINS TRIBAL LEADERS HEALTH BOARD, Rapid City, South Dakota, for Amicus Great Plains Tribal Leaders Health Board. Megan LaFromboise, SISSETON WAHPETON OYATE, Agency Village, South Dakota; Steven J. Alagna, Supervising Attorney, Andrew R. Hilty, MacKenzie Y. Palmer, Appellate Clinic, WASHINGTON UNIVERSITY SCHOOL OF LAW, St. Louis, Missouri, for Amici Sisseton Wahpeton Oyate and Spirit Lake Tribe. 2 USCA4 Appe