Solar panels at the Genesis Solar Energy Project in Riverside County in California. Photo by Thecyrgroup / Wikipedia

The 9th Circuit Court of Appeals on Friday dismissed a challenge to a solar energy project on sacred land in California.

In an unpublished decision, a three-judge panel of the court held that the plaintiffs lack standing to fight the Interior Department for approving the Genesis Solar Power Project in Riverside County. They also failed to state a claim under various federal laws, the panel determined.

The plaintiffs included Ron Van Fleet, an elder from the Fort Mojave Tribe who serves as a cultural monitor. The court said he can't assert a right of consultation on behalf of his tribe.

"The regulations extend the right to government-to-government consultation to the tribe, not its individual members," the decision stated. The court issued its ruling without holding oral arguments.

The dispute over the project, though, isn't entirely over. The plaintiffs are asking the U.S. Supreme Court to review an earlier decision from the 9th Circuit, citing potential violations of the Religious Freedom Restoration Act.

The petition was filed on October 26 but the Obama administration declined to file a brief, according to Docket No. 15-826. The Supreme Court requested a response, which is due March 30.

Turtle Talk posted the petition in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Department of the Interior.

The Fort Mojave Tribe, the Colorado River Indian Tribes and other tribes opposed the Genesis Solar Power Project, which was fast-tracked by the Obama administration and is already operational, but they aren't plaintiffs in the case. Some 3,000 artifacts were removed from the site after it was approved by the Interior Department.

Get the Story:
9th Circ. Dumps Mojave Solar Project Appeal (Courthouse News Service 3/4)

9th Circuit Court of Appeals Decision:
La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee v. US Department of the Interior (March 4, 2016)

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