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SNOQUALMIE INDIAN TRIBE v. F.E.R.C.

Nos. 05-72739, 05-74060.

545 F.3d 1207 (2008)

SNOQUALMIE INDIAN TRIBE, Petitioner, State of Washington Department of Ecology, Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Puget Sound Energy, Inc., Intervenor. Puget Sound Energy, Inc., Petitioner, State of Washington Department of Ecology, Intervenor, v. Federal Energy Regulatory Commission, Respondent, Snoqualmie Indian Tribe, Intervenor.

United States Court of Appeals, Ninth Circuit.

Submitted September 30, 2008.

Filed October 7, 2008.

Attorney(s) appearing for the Case

Andrea Rodgers, Charles M. Tebbutt, Western Environmental Law Center, Eugene, OR, for petitioner Snoqualmie Indian Tribe.

Mark W. Schneider, Markham A. Quehrn, and Kristine R. Wilson, Perkins Coie LLP, Bellevue, WA, for petitioner/intervenor Puget Sound Energy, Inc.

John S. Moot, Robert H. Solomon, Michael E. Kaufmann, Washington, DC, for respondent Federal Energy Regulatory Commission.

Rob McKenna, Joan M. Marchioro, Olympia, WA, for intervenor Washington Department of Ecology.

Michael W. Gendler, Gendler & Mann LLP, Seattle, WA, for amici curiae Washington Association of Churches, the Church Council of Greater Seattle, and the Lutheran Public Policy Office of Washington State.

Harold S. Shepherd, Clinton, CO, for amicus curiae Center for Water Advocacy.

Before: RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges, and DAVID A. EZRA, District Judge.

TALLMAN, Circuit Judge:

The Snoqualmie Tribe petitions for review of a decision of the Federal Energy Regulatory Commission ("FERC") granting Puget Sound Energy, Inc. ("PSE") a license to operate for another forty years the Snoqualmie Falls Hydroelectric Project. The Tribe argues that FERC's relicensing decision violates the Religious Freedom Restoration Act ("RFRA") because FERC employed the wrong legal standard for reviewing claims under RFRA and because substantial...

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