by Michael Kiefer
The Arizona Republic
08 June 2009
The United States
Supreme Court on Monday turned down a request by several Arizona
Indian tribes to stop a Flagstaff ski area from making artificial
snow from treated wastewater on the San Francisco Peaks.
The case has
bounced through federal court for several years, and the Ninth
Circuit Court of Appeals considered the case twice, first siding
with the Native Americans, who revere the mountains as sacred
sites. Last August, the Appeals Court reconsidered in favor of the
management of Arizona Snowbowl.
At issue is
whether religious groups can trump the mandated multiple uses of
federal land by the general public. Snowbowl sits in the Coconino
National Forest, not on Indian land.
Several Native
American tribes, including the Navajo, who were the lead
plaintiffs in the lawsuit, the Hopi, Hualapai, Havasupai, and
Apaches, believe using reclaimed wastewater there was tantamount
to dumping sewage on their sacred sites.
The Indians and
supporting environmental groups took the case to the Supreme
Court, which discussed the case in closed conference last
Thursday. On Monday the news was posted that the court had turned
down the case, letting the lower court decision stand.
The decision
essentially clears the way for Snowbowl to make artificial snow,
although it won't happen this season.
Also Read:
PRESS RELEASE from the Save the Peaks Coalition
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