The Hopi Tribe will be able to continue a lawsuit over the use of wastewater at the sacred San Francisco Peaks after the Arizona Supreme Court refused to intervene.

The tribe sued the city of Flagstaff for agreeing to sell wastewater that's being used to make fake snow at a ski resort within the peaks. A judge dismissed the case, saying that the tribe filed too late and that many of the issues were resolved by litigation in federal court.

The Arizona Court of Appeals, however, said the tribe met a one-year deadline to challenge the city's contract to supply wastewater. The court also said the federal court litigation involved a different "nucleus of facts" and a different set of claims than the state lawsuit

The city asked the state Supreme Court to review the decision. The justices, however, declined to do so in an order on Tuesday.

The development means the tribe will be able to proceed on the merits. The tribe believes the use of wastewater at the Arizona Snowbowl desecrates the sacred San Francisco Peaks

Turtle Talk has posted documents from the case, Hopi Tribe v. City of Flagstaff.

Get the Story:
Arizona high court lets Hopi Snowbowl suit continue (The Arizona Republic 1/9)
Ariz. high court lets Hopi Snowbowl suit continue (The Arizona Daily Star 1/8)

Arizona Court of Appeals Decision:
Hopi Tribe v. Flagstaff (April 25, 2013)

Related Stories:
Court revives Hopi Tribe's suit over wastewater at sacred site (4/26)