9th Circuit Rejects RFRA Challenge To Hydroelectric Project By Snoqualmie Tribe

In Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission, (9th Cir., Oct. 7, 2008), the U.S. 9th Circuit Court of Appeals upheld FERC's granting of a 40-year license renewal to Puget Sound Energy, Inc. to operate the Snoqualmie Falls Hydroelectric Project. The Falls are a sacred site for religious practices for the Snoqualmie Tribe. Plaintiffs alleged that the project deprived the Tribe of access to the Falls, eliminated the mist necessary for the Tribe’s religious experiences, and changed the sacred water cycle. The court concluded that FERC's action did not violate the Religious Freedom Restoration Act. Applying the test from its recent Navajo Nation decision, the court held that no substantial burden was placed on the Tribe's free exercise of religion. Tribe members will not lose a government benefit or face sanctions for practicing their religion. FERC's application of a different, but more generous, definition was harmless error. The court also rejected the Tribe's challenge under the National Historic Preservation Act, and PSE's cross-petition challenging water flow requirements imposed by FERC. [Thanks to Robert H. Thomas for the lead.]