Rob Smith: "Clean water and public lands for the common good were reaffirmed by the recent 9th U.S. Circuit Court of Appeals' decision on the San Francisco Peaks.
These mountains are federal public land entrusted to the U.S. Forest Service to manage on our behalf. Arizona Snowbowl, a private for-profit company, holds a temporary permit to operate a ski area on this land we all own.
The Snowbowl had proposed using treated sewage water to spray on the slopes of the ski runs to make more snow, something that has never been done since the ski area opened in 1938. According to the Arizona Department of Environmental Quality, this wastewater can be used for watering golf courses, washing cars and flushing toilets, but it's not clean enough for direct human contact."
Eric Borowsky: "After a disappointing ruling on the upgrade proposal for Arizona Snowbowl, overturning a previous U.S. District Court decision allowing snowmaking and other improvements, I must comment on this outrageous and unjust decision.
Apparently, hypocrisy by the plaintiffs and Arizona water-use regulations are not factors that overly concern the 9th Circuit Court of Appeals. Neither does the fair application of law to all citizens under its jurisdiction.
The Snowbowl is tremendously important to the northern Arizona community's economy and culture and provides winter recreation for the entire state. The ski mountain generates hundreds of jobs and will have an annual economic impact of $24 million, if snowmaking is allowed."
Get the Story:
Rob Smith: Peaks ruling was good for Arizona from health, religious standpoint
(The Arizona Republic 3/25)
Eric Borowsky: 9th U.S. Circuit protects the sanctity of a Native American creation story and delivers a blow to the Flagstaff economy (The Arizona Republic 3/25)
Court Decision:
Navajo
Nation v. US Forest Service (March 12, 2007)
Listen to Oral Arguments:
Navajo
Nation v. Forest Service (September 14, 2006)
Appeals Court Documents:
Opening
Brief [Word DOC] | Reply
Brief [Word DOC]
Lower Court Decision:
Navajo
Nation v. US Forest Service (January 11, 2006)
Approval Documents:
Final
Environmental Impact Statement for Arizona Snowbowl Facilities Improvement |
Forest
Service Approves Snowmaking at Arizona Snowbowl
Relevant Links:
Save the Peaks Coalition - http://www.savethepeaks.org
Coconino
National Forest - http://www.fs.fed.us/r3/coconino/index.shtml
Related Stories:
Editorial: Court 'misguided' on sacred site case
(3/21)
Hopi Tribe humbled by
court victory on sacred site (3/15)
Letter: Hualapai Tribe hypocritical on sacred
(3/15)
9th Circuit blocks snowmaking at
sacred peaks (3/13)
9th Circuit blocks
snowmaking at sacred peaks (3/13)
Ruling
awaited on snowmaking in sacred peaks (02/01)
Confrontation over ceremony at sacred peaks
(1/31)
Southwest tribes to continue
fight for sacred site (11/14)
Tribes
hopeful after court hears sacred site case (09/19)
9th Circuit hears from tribes in sacred site case
(9/15)
Tribes press sacred site case
before 9th Circuit (9/14)
9th Circuit to
hear sacred site case on Thursday (9/13)
Southwest tribes go to court for sacred site
(9/6)
Navajo Nation appeals court ruling
on snowmaking (02/28)
Tribal coalition
to appeal ruling on sacred peaks (1/13)
Judge allows snowmaking in sacred Arizona peaks
(1/12)
Babbitt under fire for role in
sacred site case (12/12)
Navajo
president testifies in sacred site trial (11/03)
Trial over snowmaking in sacred peaks begins
(10/24)
Sacred Mountain Motorcycle Run this
weekend (10/14)
Judge calls trial on
snowmaking in sacred peaks (10/10)
U.S.
argues against protecting sacred peaks in Arizona (10/7)
Hopi Chair: Ski area plan will destroy our
culture (09/23)
Hopi Tribe joins lawsuit
over snowmaking in peaks (07/08)
Bruce
Babbitt fighting tribes on sacred site appeal (7/5)
Forest Service rejects tribal appeals on
snowmaking (06/10)
Tribes await appeal
on snowmaking plan (6/7)
Appeals filed
to snowmaking plan in sacred peaks (04/26)
Navajo Nation considers appeal of snowmaking
plan (03/15)
Editorial: Sacred peaks
don't belong to tribes alone (3/14)
Tribes blast OK of snowmaking plan in sacred peaks
(3/9)
Deadline nears on snowmaking in
sacred peaks plan (04/09)
Hopi Tribe
to protest against snowmaking plan (03/19)
Editorial: Ski area helped by snowmaking
plan (02/20)
Navajo Nation not
planning boycott for sacred site (2/20)
Coalition protests snowmaking in sacred peaks
(2/18)
Tribes to fight snowmaking in
sacred Ariz. peaks (02/03)
Forest
Service delays report on ski area expansion (12/02)
Hopi Tribe opposing snowmaking in sacred
peaks (11/20)
Ski area
on sacred mountain expanding (10/15)
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