Environmental groups, tribes to continue efforts to
protect sacred Peaks
Navajo-Hopi Observer, AUGUST 12, 2008
FLAGSTAFF, Ariz. - Arizona's sacred
San Francisco Peaks and the neighboring tribal communities
were denied environmental justice Friday in a split
decision by the Ninth Circuit Court of Appeals, ruling
in favor of the Arizona Snowbowl ski resort in its efforts
to expand and contaminate the area.
"The court failed to consider the
claims of the impacts to human health form coming into
contact with the treated waste from reclaimed water
and did not take seriously the tribes' legal claims
because of a court technicality," said Andy Bessler
with the Sierra Club in Flagstaff, Arizona. "The
decision leaves unaddressed water quality issues, since
the Court failed to decide if using reclaimed water
on the Peaks was safe for the environment or for human
health."
The San Francisco Peaks, north of Flagstaff,
Arizona, are sacred to 13 tribes and are important spiritual
and geographic boundaries. The tribes had brought legal
claims under the Religious Freedom Restoration Act (RFRA)
and the National Environmental Policy Act against the
U.S. Forest Service from implementing a snowmaking proposal
using reclaimed water to make artificial snow on the
Peaks.
Attorney Howard Shanker represented
the tribes and the Sierra Club, and he said, "The
opinion is unfortunate and, in my opinion wrong. The
Court places itself in the position of judging the legitimacy
of Native American beliefs and practices. It becomes
the arbiter of religion which is not the proper role
for the courts. The evidence clearly shows that the
Peaks are important to 13 of the Tribes in the southwestern
United States and that using sewer water to make snow
on them constitutes a significant burden on the Tribe's
ability to practice their religion."
The Sierra Club agrees with the minority's
dissention, which read, "In so holding, the majority
misstates the evidence below, misstates the law under
RFRA and misunderstands the very nature of religion."
(from page 39 of decision). The Sierra Club will consult
with co-plaintiffs to determine the next steps following
this ruling.
"The Sierra Club will continue
to support our tribal partners to bring as much protection
to the Peaks as possible and will continue to educate
the public about the importance of protecting sacred
lands located on public lands, from irresponsible developments
like artificial snowmaking," said Sierra Club Environmental
Justice organizer Robert Tohe.
The preliminary March ruling was one
of the most important in recent years under the Religious
Freedom Restoration Act (RFRA). In addition to finding
that the snowmaking plan would have desecrated this
sacred area, the court decided that the U.S. Forest
Service failed to fully disclose the risks posed by
human ingestion of artificial snow.
Tribes involved in the lawsuit include
Navajo, Yavapai-Apache, White Mountain Apache, Hopi,
Havasupai, and Hualapai.
Since the first major expansion
of the Snowbowl ski areas occurred more than 28 years
ago, tribes have been involved in court battles over
the San Francisco Peaks.
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