By Lisa Matthews
March 15, 2007 | World Indigenous News
Save the Peaks Coalition members gather to celebrate the court's
ruling at the base of the San Francisco Peaks
© Save the Peaks CoalitionA plan to spread treated sewage on the San
Francisco Peaks, which are sacred to 13 indigenous nations in the
southwestern United States, cannot go forward, according to a March
12 ruling by the Ninth Circuit Court of Appeals.
The plan called for using sewage from the city of Flagstaff, Arizona,
to make artificial snow for the Snowbowl ski resort in the Coconino
National Forest, but the court unanimously ruled that it violates the
Religious Freedom Restoration Act.
The appeal was brought by Hopi, Havasupai, Hualapai, Yavapai-Apache,
White Mountain Apache, along with the Sierra Club, the Center for
Biological Diversity, and the Flagstaff Activist Network in response
to a decision from a US District Court in early 2006 that ruled in
favor of the U.S. Forest service and the Arizona Snowbowl Resort.
"I am really thankful, and I deeply appreciate the Ninth Circuit
Court's decision," said Bucky Preston, one of the Hopi
plaintiffs. "Some of the judges in the courts must have a good heart
and looked deeply into themselves to realize that the peaks are so
sacred to us, and they understood our beliefs."
Witnesses from the Hopi, Navajo, Havasupai, and Hualapai testified at
length about how contamination of the peaks by sewage effluent would
hinder their entire belief systems, along with specific cultural
practices. The tribes' religious creation stories begin at the peaks,
which also are home to the plants and soil they use for healing and
the pure water that is necessary for special ceremonies.
Writing for the court, Judge William A. Fletcher described the
testimony of one Navajo practitioner who is training to become a
medicine man: "Water is tainted if water comes from mortuaries or
hospitals; for Navajo there's no word to say that that water can be
reclaimed."
Recycled sewage effluent is suitable for a variety of water-
conservation measures. In the city of Flagstaff, it is used for
flushing toilets, watering green spaces, putting out fires, and
washing cars. But it is not fit for human consumption, as the water
is impure. According to a Federal Environmental Impact Study, in
addition to a variety of bacteria, viruses, and protozoa, sewage
effluent contains "many unidentified and unregulated residual organic
contaminants. "
Since 1938, the Snowbowl resort has relied on natural snow. In dry
years, the ski season is short; artificial snowmaking would increase
the number of days the slopes are open. The proposed expansion of the
resort would pump up to 1.5 million gallons per day of recycled
sewage effluent onto over 200 acres of trails from November to
February. Plans also call for creating a reservoir of recycled
effluent to use after the city of Flagstaff stops pumping in
February.
Despite the fact that the peaks are sacred to 13 tribes, including
250,000 Navajo, Eric Borowsky, the general partner of Arizona
Snowbowl, said in a public statement, "Unfortunately, once again, the
NEPA process has been abused and the taxpayers of our country held
for ransom by a small group of activists who believe that they
personally own our nation's public lands."
"I hope that this case will have tremendous impact," said Howard
Shanker, lawyer for the plaintiffs. He said Native Americans have no
First Amendment rights in government land-use decisions because of
the precedent of Lyng vs. Northwest in 1988. The Supreme Court held
in that case that the First Amendment applies to all citizens, and
that no group could halt public programs that don't overtly prohibit
the free exercise of religion. Now, he said, "Hopefully there will be
an avenue to protect sacred sites."
He said, however, that he expects that this case to be appealed by
the Forest Service and the Snowbowl Resort and that it will
eventually go to the Supreme Court.
In the meantime, the Save the Peaks Coalition of tribal nations,
individuals, and community organizations is celebrating. Navajo
Nation President Joe Shirley Jr. said, "This goes towards preserving
our way of life, preserving my prayer, my sacred song, my sacred
sites, my mother: the San Francisco Peaks. Years have been added to
my life. I can't express how happy I am. As a people, we're elated."
FREE LEONARD PELTIER!
FREE ALL POLITICAL PRISONERS!
http://www.leonardp eltier.org
March 15, 2007 | World Indigenous News
Save the Peaks Coalition members gather to celebrate the court's
ruling at the base of the San Francisco Peaks
© Save the Peaks CoalitionA plan to spread treated sewage on the San
Francisco Peaks, which are sacred to 13 indigenous nations in the
southwestern United States, cannot go forward, according to a March
12 ruling by the Ninth Circuit Court of Appeals.
The plan called for using sewage from the city of Flagstaff, Arizona,
to make artificial snow for the Snowbowl ski resort in the Coconino
National Forest, but the court unanimously ruled that it violates the
Religious Freedom Restoration Act.
The appeal was brought by Hopi, Havasupai, Hualapai, Yavapai-Apache,
White Mountain Apache, along with the Sierra Club, the Center for
Biological Diversity, and the Flagstaff Activist Network in response
to a decision from a US District Court in early 2006 that ruled in
favor of the U.S. Forest service and the Arizona Snowbowl Resort.
"I am really thankful, and I deeply appreciate the Ninth Circuit
Court's decision," said Bucky Preston, one of the Hopi
plaintiffs. "Some of the judges in the courts must have a good heart
and looked deeply into themselves to realize that the peaks are so
sacred to us, and they understood our beliefs."
Witnesses from the Hopi, Navajo, Havasupai, and Hualapai testified at
length about how contamination of the peaks by sewage effluent would
hinder their entire belief systems, along with specific cultural
practices. The tribes' religious creation stories begin at the peaks,
which also are home to the plants and soil they use for healing and
the pure water that is necessary for special ceremonies.
Writing for the court, Judge William A. Fletcher described the
testimony of one Navajo practitioner who is training to become a
medicine man: "Water is tainted if water comes from mortuaries or
hospitals; for Navajo there's no word to say that that water can be
reclaimed."
Recycled sewage effluent is suitable for a variety of water-
conservation measures. In the city of Flagstaff, it is used for
flushing toilets, watering green spaces, putting out fires, and
washing cars. But it is not fit for human consumption, as the water
is impure. According to a Federal Environmental Impact Study, in
addition to a variety of bacteria, viruses, and protozoa, sewage
effluent contains "many unidentified and unregulated residual organic
contaminants. "
Since 1938, the Snowbowl resort has relied on natural snow. In dry
years, the ski season is short; artificial snowmaking would increase
the number of days the slopes are open. The proposed expansion of the
resort would pump up to 1.5 million gallons per day of recycled
sewage effluent onto over 200 acres of trails from November to
February. Plans also call for creating a reservoir of recycled
effluent to use after the city of Flagstaff stops pumping in
February.
Despite the fact that the peaks are sacred to 13 tribes, including
250,000 Navajo, Eric Borowsky, the general partner of Arizona
Snowbowl, said in a public statement, "Unfortunately, once again, the
NEPA process has been abused and the taxpayers of our country held
for ransom by a small group of activists who believe that they
personally own our nation's public lands."
"I hope that this case will have tremendous impact," said Howard
Shanker, lawyer for the plaintiffs. He said Native Americans have no
First Amendment rights in government land-use decisions because of
the precedent of Lyng vs. Northwest in 1988. The Supreme Court held
in that case that the First Amendment applies to all citizens, and
that no group could halt public programs that don't overtly prohibit
the free exercise of religion. Now, he said, "Hopefully there will be
an avenue to protect sacred sites."
He said, however, that he expects that this case to be appealed by
the Forest Service and the Snowbowl Resort and that it will
eventually go to the Supreme Court.
In the meantime, the Save the Peaks Coalition of tribal nations,
individuals, and community organizations is celebrating. Navajo
Nation President Joe Shirley Jr. said, "This goes towards preserving
our way of life, preserving my prayer, my sacred song, my sacred
sites, my mother: the San Francisco Peaks. Years have been added to
my life. I can't express how happy I am. As a people, we're elated."
FREE LEONARD PELTIER!
FREE ALL POLITICAL PRISONERS!
http://www.leonardp eltier.org
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