6/8/2009 10:36:00 PM
Supreme Court steers clear of Flagstaff ski resort dispute
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By FELICIA FONSECA
The Associated Press
FLAGSTAFF - The U.S. Supreme Court on Monday turned down an appeal from Indian tribes that wanted to block expansion of a ski resort on a mountain they consider sacred, but an attorney for some of the tribes said the fight may not be over.
The justices said they will not get involved in the dispute between a half-dozen Western tribes and the Arizona Snowbowl ski area north of Flagstaff. The tribes wanted to block the expansion because the resort plans to use treated wastewater to make artificial snow on the mountain.
Howard Shanker, who represented some of the tribes, said the decision did not come as a surprise, given that the high court takes about 1 percent of the petitions it receives. Shanker said he doesn't believe all avenues have been exhausted.
"As long as there are Native Americans who believe in the sacredness of these sites, there are going to be people who try to preserve and protect those beliefs," he said.
Jack Trope, executive director of the Association on American Indian Affairs, called on Congress to strengthen religious freedom laws to better protect sites that American Indians consider sacred.
The 777-acre resort wants to spray man-made snow, add a fifth chair lift and clear about 100 acres of forest to extend the ski season on the western flank of the San Francisco Peaks that have spiritual and religious significance to 13 Southwest tribes.
"The snowmaking gives you predictability that you will open each year and open at the most critical time of the year, which is before Christmas," Snowbowl general manager J.R. Murray said.
The tribes have argued that the proposal violates a federal law on religious freedom, but the federal appeals court in San Francisco last year disagreed.
The full 9th U.S. Circuit Court of Appeals in San Francisco said the treated sewage could be used on the ski slopes, reversing the decision of a three-judge panel on the same court. The panel had held earlier that using wastewater on a mountain sacred to the tribes would violate the federal Religious Freedom Restoration Act.
The full court, however, said the tribes will still have full use of the mountain for their ceremonies and the snowmaking would not affect that. No plants would be harmed, no ceremonies would be physically affected, and no places of worship would be made inaccessible, the court said.
The tribes asked the Supreme Court to step into the case and find that the use of treated sewage would constitute a "substantial burden" on the tribes' exercise of their religion.
The U.S. Forest Service earlier had approved the ski area's expansion. The Obama administration opposed the high court's intervention in the case, noting that the ski resort has been in operation for more than 70 years and that recent snowfall has been sporadic.
The tribes challenging the proposal are: the Havasupai Tribe, the Hopi Tribe, the Hualapai Tribe, the Navajo Nation, the White Mountain Apache Nation and the Yavapai-Apache Nation.
The Hopi have been making pilgrimages to the peaks since at least the 1540s. The tribe directs its prayers toward the peaks and considers them home to the spiritual Kachinas that bring the world water, snow and life. To the Navajo, the peaks are central to their creation story. Navajo members consider the mountain as family and greet the peaks daily with prayer songs.
Joe Shirley Jr., president of the Navajo Nation, appealed last month to U.S. Agriculture Deputy Secretary Kathleen Merrigan to withdraw the federal approval of snowmaking.
The mountains include Humphreys Peak, the tallest in Arizona and one of the only ski slopes within easy driving distance of Phoenix.
One of the only alternatives is Sunrise Park Resort, which is owned and operated by the White Mountain Apaches.
Indian tribes have fought previous development plans by ski resort owners on Humphrey's Peak since at least the 1970s.
The case is Navajo Nation v. Forest Service, 08-846.
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Posted: Tuesday, June 09, 2009
Article comment by:
DM
Hey "Dude:, I did NOT take land away from anyone. Besides I thought we (all of us) belonged to the Earth, the Earth does not belong to us. (Chief Sealth I believe.) The atrocities you are speaking about were HUNDREDS of years ago. I am all for preserving as much of our natural beauty as possible, but using that logic doesn't work.
Posted: Tuesday, June 09, 2009
Article comment by:
Timmeah
SN, if you are needing the 25 cents for a clue, email me. The Apaches (and the White Mountain ones at that) are the operators of Sunrise. It's the Navajos and Hopis who are having trouble gaining ownership of the San Francisco Peaks.
Posted: Tuesday, June 09, 2009
Article comment by:
No name provided
This has truly been one of the weirdest lawsuit things I've ever read about. If it's truly over that will be a good thing. Like "Old Goat" said if it was a casino going in that would've been done right away!
Posted: Tuesday, June 09, 2009
Article comment by:
The Dude
Ignorance is bliss, right? Old Goat: You're right, because if they wanted to build a casino they wouldn't do it on that mountain, which is the issue. No name: The only other ski resort you know of is owned by a tribe, but Mt. Lemmon is the southern-most ski resort in the U.S., also happens to be in Arizona, and I do not believe it is owned by any tribe. In fact, Arizona Snowbowl is in the hands of the U.S. Forest Service. (Which is the reason they'd never put a casino on that mountain.) So, SN: The tribes were very much against Snowbowl being built in the first place. In a sociology class I took at NAU well before this business of snow-making was an issue, we were taught that the San Francisco Peaks were one of four sacred mountains in the Southwest for Native Americans (the mountain Sunrise Ski Resort occupies is not considered one of the four), and it has been long before your or my ancestors' boats arrived on this continent. Which brings me to Prescott truth: Have we not introduced enough of our American lifestyle to Native Americans? Too much, I'd say. Reservations are sovereign nations and are that way for a reason; we TOOK their land. The least we could do is allow Native Americans to do what they wish with the small pieces of property we designated for them. Nothing would be preserved if someone with your ideology were to turn these places into towns and force our rules and regulations upon them. Not sure if you're aware of this, but they did not sign up for taxes and building codes. Don't get me wrong, I think the issue with using reclaimed water is kind of silly, considering how many hikers, skiers, and snowboarders "water" the mountain on a daily basis. Not to mention the elk, deer, birds, and other animals that use the mountain as a restroom. All I'm saying is that the first four people to post on here are spouting nonsense. Please try to be a little more informed and/or think about what you are saying before you (post a comment) ...
Posted: Tuesday, June 09, 2009
Article comment by:
Prescott truth
I think it's time to make reservations towns so they preserve their faith but pay the same taxes and abide by state and county laws like everyone else.
Posted: Tuesday, June 09, 2009
Article comment by:
SN
Yeah, owned by the same tribe who is trying to block Snowbowl's efforts. Nice, right?
Posted: Tuesday, June 09, 2009
Article comment by:
No name provided
It seems somewhat of a conflict of interest that the only other ski resort in Arizona is owned by a "Tribe".
Posted: Tuesday, June 09, 2009
Article comment by:
An Old Goat
Bet if the tribes wanted to build a casino on their scared land there would not be a problem.
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