La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. United States Department of Interior

MEMORANDUM

Plaintiffs-Appellants La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee, Californians for Renewable Energy, Alfredo Acosta Figueroa, Patricia Figueroa, Phillip Smith, Ronald Van Fleet, Catherine Ohrin-Greipp, Rudy Martinez Macias (now deceased), and Gilbert Leivas brought this suit against the U.S. Department of the Interior, as well as Solar Partners I, LLC; Solar Partners II, LLC; Solar Partners VIII, LLC; and Bright-Source Energy, Inc. The instant appeal arises from a denial of Plaintiffs’ motion for summary judgment and grant of Defendants’ motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 . We review a grant of summary judgment de novo and we “determine whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000); see Fed.R.Civ.P. 56(a).

While the initial suit included numerous claims, the only claim on appeal is under the Religious Freedom Restoration Act (“RFRA”). To establish a prima facie RFRA claim, a plaintiff must allege…