Photo: Paloma Ayala
FOR IMMEDIATE RELEASE
Contact:
Simone Anter, Columbia Riverkeeper, (541) 399-5312, simone@columbiariverkeeper.org
Controversial License to Destroy Sacred Tribal Resources Challenged in Federal Court
New lawsuit asks commission to comply with federal protections at Pushpum
May 27, 2026 (Klickitat County, Wash.)— Columbia Riverkeeper sued the Federal Energy Regulatory Commission (FERC), filing a petition at the Ninth Circuit Court of Appeals. The Confederated Tribes and Bands of the Yakama Nation filed a separate petition. Both ask the court to review FERC’s issuance of a hydroelectric license for the controversial Goldendale Pumped Storage Development at Pushpum, a sacred site known to the Yakama Nation as “mother of all roots.”
Despite the lack of comprehensive consultation and the trivialization of cultural resource destruction through inadequate proposed mitigation, FERC Commissioners approved the final license in January 2026. Yakama Nation and Columbia Riverkeeper both condemned the issuance of the license and filed requests for rehearing with FERC, which were denied in March 2026. The lawsuit argues that FERC violated the National Historic Preservation Act, National Environmental Protection Act, and the Administrative Procedure Act when it issued the license for the project.
“The cultural and environmental value of what’s at stake is incalculable,” stated Lauren Goldberg, executive director for Columbia Riverkeeper. “As energy-hungry data centers drive skyrocketing electricity demand in the Pacific Northwest, we will not stand by and allow irreplaceable sacred sites to become sacrifice zones.”
The Goldendale Pumped Storage development threatens the sacred land, medicines, and traditions of Pushpum, a Yakama Nation sacred site for ceremonies, legends, and gathering of traditional roots and medicines. As a natural seed bank, this site contains rich biodiversity in plant and animal life that can never be fully restored once removed.
The area is within ceded lands of Yakama Nation, and has historically been used by the Yakama Nation, Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of Warm Springs Reservation, and the Nez Perce Tribe for hunting, traditional gathering, fishing, camping, and traditional ceremonies.
Rye Development proposes to permanently destroy Pushpum by building the largest pumped storage development proposal in the Pacific Northwest, citing the need for “clean energy” to justify the destruction of these irreplaceable Tribal resources. However, now the project is being linked to an adjacent data center proposal.
Both FERC and the Washington Department of Ecology previously concluded that this project would have ‘unique significant and unavoidable adverse impacts on Tribal communities and members’. FERC’s conclusions were reached despite the lack of comprehensive consultation with Yakama Nation. During the January 2026 licensing hearing, FERC Commissioner David Rosner explained that to gain efficiencies in the permitting process, the “six years” of consultation that occurred with this proposal was too long, a statement that was divorced from the reality on the ground. FERC is now proposing to overhaul its blanket authorization regulations in the natural gas context and rescind Tribal veto authority for hydropower facilities proposed on Tribal land.
“FERC’s actions once again set aside cultural resources in favor of development,” stated Simone Anter, senior attorney at Columbia Riverkeeper. “This is a pattern we are seeing across the nation and the cost continues to be placed on Native nations.”
Opposition to the pumped-storage development has steadily increased, with a coalition of climate and environmental groups and community activists voicing serious concerns. In Washington, 18 Federally recognized Tribes have come out against this development. Both the Affiliated Tribes of Northwest Indians (ATNI) and the National Congress of American Indians (NCAI) have issued resolutions opposing the destruction of Pushpum.
Earlier this month, more than 300 people gathered at an event hosted by Yakama Nation near Pushpum featuring speakers, ceremonies, and a call to Washington Governor Bob Ferguson to stop this project. Yakama Nation and Columbia Riverkeeper are also awaiting a decision from the Washington Court of Appeals on the challenge to a key water quality permit, the Clean Water Act 401 Certification. The latest lawsuit continues the sustained effort to protect irreplaceable cultural and natural resources at Pushpum.
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