Ninth Circuit Rejects RFRA Challenge to Solar Project Near Indian Sacred Sites

Here is the unpublished opinion in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Dept. of Interior.

An excerpt:

We conclude that the record, which includes declarations submitted by the Plaintiffs that provide little more than conclusory statements and which have not shown where the alleged sacred sites are located at the Ivanpah Project site, is insufficient to support Plaintiffs’ claim that the loss of access to the limited area taken by the Ivanpah Project imposes a substantial burden. Viewing the evidence in the light most favorable to the Plaintiffs, the Plaintiffs have not shown that they are either “forced to choose between following the tenets of their religion and receiving a governmental benefit,” or “coerced to act contrary to their religious beliefs by the threat of civil or criminal sanctions” as this court requires to establish a substantial burden under RFRA. 

Briefs and lower court materials are here.

Ninth Circuit Briefs in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Dept. of Interior

Here:

La Cuna de Aztlan Opening Brief

Interior Answer Brief

La Cuna de Aztlan Reply Brief

Oral argument audio here. Video here.

Lower court materials here.

Suit Challenging Chevron Solar Energy Project Affecting Sacred Sites Dismissed

Here are the materials in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. U.S. Dept. of the Interior (C.D. Cal.):

DCT Order Dismissing La Cuna Complaint

 

Chevron Motion to Dismiss

Plaintiffs Opposition

Our previous post in this case is here.

Article III Standing Order in Sacred Sites Challenge to Chevron Energy Solutions Lucerne Solar Project

Here is the opinion in La Cuna De Aztlan Sacred Sites Prot. Circle Advisory Comm. v. United States DOI (C.D. Cal.):

DCT Order on Standing

Federal Defendants Motion to Dismiss

La Cuna Opposition

Federal Defendants Reply