The Save the Peaks Coalition plans to appeal a decision that allows the use of reclaimed sewage in the sacred San Francisco Peaks of Arizona.

Tribal members and non-Indians sued the U.S. Forest Service in 2009. They said the agency failed to consider the environmental, health and safety aspects of using reclaimed sewage to make snow.

But Judge Mary Murguia ruled that the issue was adequately considered in the environmental impact statement for the plan. She also said the plaintiffs waited too long to sue because the agency finalized the EIS back in 2005.

The plaintiffs weren't part of a lawsuit that was filed in 2005 by the Navajo Nation, the Hopi Tribe and other tribes. The 9th Circuit Court of Appeals ruled against the tribes in August 2008 and the U.S. Supreme Court declined to hear the case in June 2009.

The Save the Peaks Coalition plans to appeal to the 9th Circuit. Meanwhile, the Arizona Snowbowl, the operator of a ski resort in the peaks, said it will move ahead with plans to use the reclaimed sewage.

Turtle Talk has posted documents from the case, Save the Peaks v. USFS.

Get the Story:
Snowbowl beats second lawsuit (The Arizona Daily Sun 12/2)
Latest suit to halt effluent use at Snowbowl gets thrown out (Capitol Media Services 12/2)

9th Circuit Decision:
Navajo Nation v. US Forest Service (August 8, 2008)

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