Flagstaff, AZ—On Monday, March 12th the 9th Circuit Court of Appeals issued its ruling to protect a mountain held holy by more than 13 Native American Nations. The slopes of the San Francisco Peaks, located in Northern Arizona, have been at the center of a historical and lengthy battle that has pitted economic interests on public lands against environmental integrity, public health and cultural survival..A local ski resort planned to expand and use treated waste effluent to make snow.
Yesterday, a federal court appeals panel issued the unanimous decision written by Judge William A. Fletcher. “We reverse the decision of the district court in part. We hold that the Forest Service’s approval of the Snowbowl’s use of recycled sewage effluent to make artificial snow on the San Francisco Peaks violates [Religious Freedom Restoration Act] RFRA, and that in one respect the Final Environmental Impact Statement prepared in this case does not comply with NEPA [National Environmental Policy Act].”
More than 100 supporters gathered at an afternoon press conference near the base of the Sacred Peaks to celebrate. Tribal Leaders, Environmental Groups and representatives of the community based group the Save the Peaks Coalition spoke of the victory.
“This is a very important decision that sets great precedent for people who are concerned with Native American rights and religious freedom” said Howard Shanker, of the Shanker Law Firm, PLC, representing the Navajo Nation, the White Mountain Apache Tribe, the Yavapai-Apache Tribe, the Havasupai Tribe, Rex Tilousi, Dianna Uqualla, the Sierra Club, the Center for Biological Diversity, and the Flagstaff Activist Network.
“Because of this decision in the 9th circuit, other tribes throughout the nation could have the ability to rely on this case to help protect sites that are sacred to them and culturally and religiously important” Mr. Shanker said.
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