Western Environmental Law Center

A panel of judges today sided with the Confederated Tribes and Bands of the Yakama Nation (Yakama Nation) and Columbia Riverkeeper, and the Western Environmental Law Center, ordering the Washington State Department of Ecology (Ecology) to rewrite a portion of a controversial water quality certification, effectively delaying construction of the proposed Goldendale Energy Pumped Storage Hydroelectric Project at Pushpum, a sacred site known to the Yakama Nation as “mother of all roots.”

Rye Development, backed by Copenhagen Infrastructure Partners, proposes to permanently destroy Pushpum, part of the Columbia Hills located along the Columbia River near the John Day Dam, by building the Goldendale Pumped Storage development, the largest such development proposal in the Pacific Northwest.

“As the court found, the Washington Department of Ecology failed to protect the Columbia River,“ said Andrew Hawley, senior attorney at the Western Environmental Law Center. “Now the agency has a second chance to right not only that wrong, but to also use its authority under the law to address the significant impacts this ill-conceived project will impose on the Columbia River, its tributaries, groundwater, the Yakama Nation, and other Tribes impacted by the development.”

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 project area is within ceded lands of Yakama Nation, and the area 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.

“Clean, renewable energy is essential to protecting our planet,” said Columbia Riverkeeper Senior Attorney Simone Anter. “Yet, state and federal governments are violating Treaty-reserved rights and ignoring Tribal sovereignty in order to license projects aimed at supporting energy-hungry data centers—not a just transition from fossil fuels.”

Opposition to the Goldendale Pumped Storage development has steadily increased since the project was proposed in 2017, with a growing 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.

Today’s ruling is a step toward correcting course and protecting Pushpum, and challenges to the project continue to mount. Despite the lack of comprehensive consultation and the trivialization of cultural resource destruction through inadequate proposed mitigation, the Federal Energy Regulatory Commission (FERC) approved the final hydroelectric license for the development in January 2026. Columbia Riverkeeper and Yakama Nation both filed petitions for judicial review at the Ninth Circuit Court of Appeals.

Resources:

• Photos from May 8, 2026 Protect Pushpum Encampment event
• Columbia Riverkeeper’s backgrounder
• Yakama Nation’s public-facing site with written and video materials on the Yakama Nation Perspective on the pump storage development
• FERC Issues Decision to Permanently Destroy Sacred Tribal Cultural Properties, January 23, 2026
• Questions & Answers : Goldendale Pumped Storage, May 5, 2025
• Opposition to the Goldendale Pumped Storage Development Continues to Grow, August 15, 2024
• FERC Ignores Tribal, Environmental Concerns, February 8, 2024
• Ecology’s Previous 401 Denial, June 2021

Background:
In January, the State of Washington’s Pollution Control Hearings Board (PCHB) issued an order upholding Ecology’s water quality certification for the project. Columbia Riverkeeper, represented by Western Environmental Law Center, quickly challenged the order at the Washington State Court of Appeals. Oral arguments took place in February.

Despite receiving a license from FERC, the project still needs a final signed Historic Properties Management Plan and several permits, including from the U.S. Army Corps of Engineers, before it can break ground.

Contacts: 

Andrew Hawley, Western Environmental Law Center, 406-324-7569, hawley@westernlaw.org

Simone Anter, Columbia Riverkeeper, 541-399-5312, simone@columbiariverkeeper.org

The post Court orders changes to controversial water quality certification, delaying destruction of sacred Tribal resources appeared first on Western Environmental Law Center.