9th Circuit rebuffs Snoqualmie Tribe on sacred site
Wednesday, October 8, 2008
Filed Under:
Environment
|
Law
The
Federal Energy Regulatory Commission did not violate the religious rights of the
Snoqualmie Tribe of Washington, the
9th Circuit Court of Appeals ruled on Tuesday.
The tribe challenged FERC's renewal of license for a power plant at the sacred
Snoqualmie Falls. The tribe said the agency's action violated the
Religious Freedom Restoration Act.
In a unanimous decision, the 9th Circuit disagreed. A three-judge panel said the operation of the power plant won't cause tribal members to violate their religious beliefs or bar them from accessing the site.
The court also said FERC wasn't required to consult the tribe because it didn't gain federal recognition until 1999. The consultation required by the
National Historic Preservation Act was already completed by that time, the court said.
The court cited as precedent the recent RFRA case involving the sacred
San Francisco Peaks in Arizona. The ruling said government actions that affect the "fervor" or quality of a religious experience do not violate the law.
Get the Story:
Tribe loses bid to oust power plant from waterfalls
(The Seattle Post-Intelligencer 10/8)
9th Circuit Decision:
Snoqualmie Tribe v. FERC (October 7, 2008)
Related Stories:
Column: Preserving the sacred Snoqualmie Falls
(6/21)
Snoqualmie Tribe wins ruling
on sacred waterfalls (04/05)
Deal
protects waterfall sacred to Snoqualmie Tribe (08/31)
Snoqualmie Tribe seeks federal study of sacred
falls (04/15)
Snoqualmie Tribe battling
state over power plant (04/08)
Snoqualmie Tribe opposes expansion of lodge
(03/11)
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