Post by Okwes on Jul 24, 2007 10:10:37 GMT -5
U.S. court backs native tribes on sacred mountain
BY Adam Tanner
SAN FRANCISCO (Reuters) - An Arizona ski resort's plan to use treated sewage to make snow on a mountain sacred to several Native American tribes violates religious freedom laws, a U.S appeals court ruled on Monday.
The decision on Arizona Snowbowl was a victory for Native American tribes after years of setbacks in their fight to bar the resort from using waste water on the federally owned mountain 150 miles north of Phoenix.
The 9th U.S. Circuit Court of Appeals agreed with the tribes that the treated waste water should be barred under the U.S. Religious Freedom Restoration Act, which says the federal government may not "substantially burden a person's exercise of religion."
"We hold that the Forest Service's approval of the proposed expansion of the Snowbowl, including the use of treated sewage effluent to make artificial snow, violates RFRA," William Fletcher wrote for a three-judge panel.
The ruling described the religious significance of the Peaks to the Navajos, Hopi, Hualapai, Havasupai tribes and how sewage is treated.
"The record supports the conclusion that the proposed use of treated sewage effluent on the San Francisco Peaks would impose a burden on the religious exercise of all four tribes," Fletcher wrote.
According to the Navajo Nation, the San Francisco Peaks are sacred to more than 13 Native American nations. The ruling was welcome by a lawyer for the tribes.
"It's sets a huge precedent," said Howard Shanker, the lawyer for various tribes contesting the plan. "Hopefully it means that they will help protect their sacred sites."
The resort wanted to use artificial snow to enable skiing throughout the winter and says the move in the San Francisco Peaks is crucial to its economic survival. Resort officials did not immediately return calls for comment.
Organized skiing started at Snowbowl in 1938, but has depended on highly variable natural snowfall rather than using artificial snow as at many U.S. resorts. In many years, enthusiasts can ski for more than 100 days a year, although in the especially poor 2001-2 season there were only four days of skiing.
Last year, a U.S. District Court judge backed the plans to allow a $25 million upgrade on the 777-acre (314.5-hectare) facility on federal forest land to include the use of treated sewage water.
The Navajo Nation, which has an estimated 300,000 tribal members in Arizona, New Mexico and Utah, joined several other tribes and environmental groups to fight the decision.
"We are unwilling to hold that authorizing the use of artificial snow at an already functioning commercial ski area in order to expand and improve its facilities, as well as to extend its ski season in dry years, is a governmental interest 'of the highest order."
"The evidence in the record does not support a conclusion that the Snowbowl will necessarily go out of business if it is required to continue to rely on natural snow and to remain a relatively small, low key resort."
BY Adam Tanner
SAN FRANCISCO (Reuters) - An Arizona ski resort's plan to use treated sewage to make snow on a mountain sacred to several Native American tribes violates religious freedom laws, a U.S appeals court ruled on Monday.
The decision on Arizona Snowbowl was a victory for Native American tribes after years of setbacks in their fight to bar the resort from using waste water on the federally owned mountain 150 miles north of Phoenix.
The 9th U.S. Circuit Court of Appeals agreed with the tribes that the treated waste water should be barred under the U.S. Religious Freedom Restoration Act, which says the federal government may not "substantially burden a person's exercise of religion."
"We hold that the Forest Service's approval of the proposed expansion of the Snowbowl, including the use of treated sewage effluent to make artificial snow, violates RFRA," William Fletcher wrote for a three-judge panel.
The ruling described the religious significance of the Peaks to the Navajos, Hopi, Hualapai, Havasupai tribes and how sewage is treated.
"The record supports the conclusion that the proposed use of treated sewage effluent on the San Francisco Peaks would impose a burden on the religious exercise of all four tribes," Fletcher wrote.
According to the Navajo Nation, the San Francisco Peaks are sacred to more than 13 Native American nations. The ruling was welcome by a lawyer for the tribes.
"It's sets a huge precedent," said Howard Shanker, the lawyer for various tribes contesting the plan. "Hopefully it means that they will help protect their sacred sites."
The resort wanted to use artificial snow to enable skiing throughout the winter and says the move in the San Francisco Peaks is crucial to its economic survival. Resort officials did not immediately return calls for comment.
Organized skiing started at Snowbowl in 1938, but has depended on highly variable natural snowfall rather than using artificial snow as at many U.S. resorts. In many years, enthusiasts can ski for more than 100 days a year, although in the especially poor 2001-2 season there were only four days of skiing.
Last year, a U.S. District Court judge backed the plans to allow a $25 million upgrade on the 777-acre (314.5-hectare) facility on federal forest land to include the use of treated sewage water.
The Navajo Nation, which has an estimated 300,000 tribal members in Arizona, New Mexico and Utah, joined several other tribes and environmental groups to fight the decision.
"We are unwilling to hold that authorizing the use of artificial snow at an already functioning commercial ski area in order to expand and improve its facilities, as well as to extend its ski season in dry years, is a governmental interest 'of the highest order."
"The evidence in the record does not support a conclusion that the Snowbowl will necessarily go out of business if it is required to continue to rely on natural snow and to remain a relatively small, low key resort."