Sludge Watch ==> Use of Treated Sewage Effluent violates Religious Freedoms: Court Ruling Attached

[Buck Manhands]

For Immediate Release

Contact: 
Save the Peaks Coalition
Rudy Preston 
(928) 213-9507 
coalition at savethepeaks.org
www.savethepeaks.org

 

9th Circuit Court Rules to Protect Sacred Peaks
 Landmark Ruling Celebrated as a Victory for Religious
Freedom, Environmental Justice & Cultural Survival

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.

Mr. Shanker stated “the other thing that this court
recognized in this decision which is important for all
of us in Arizona is the fact that A+ treated water is
not potable water. You can’t drink it.”

The 64 page ruling also states, "If Appellants do not
have a valid RFRA claim in this case, we are unable to
see how any Native American plaintiff can ever have a
successful RFRA claim based on beliefs and practices
tied to land that they hold sacred."

Ben Navumsa, Chairman of the Hopi Tribe stated, “The
Hopi Tribe is immensely gratified by the 9th circuit
decision, which explicitly recognizes the Hopi Tribes
deep spiritual, traditional and cultural connection to
the SF peaks which we call Nuvatukaovi.”

“The making of snow with sewage on the home of the
Kachinas was a dire threat to the centuries old link
between Kachina, Nuvatukaovi and the Hopi. The 9th
Circuit Decision recognizes the importance of the
Hopi’s bond to the mountain and protects that bond. In
so doing, the decision of the court ensures Hopi
people’s ability to continue their way of life.”
stated Hopi Chairman Mr. Navumsa.

Jamie Fulmer, Chairman of the Yavapai Apache tribe
stated, “We are gratified to learn that the appeal has
been won. The San Francisco Peaks are a sacred
mountain to us as we testified during the appeals
hearing. We are honored to know that our native voice
is still heard.”

“This decision by the federal appeals court tells us
that even in the current environment of development at
all costs the United States appeals process stands for
justice and the American justice system is capable of
doing what is right when the facts are fully known.
This is not just a victory for our elders and tribal
traditions, but for all people of faith across the
country. This confirms to us that when a few stand up
for what is right everyone benefits.” Mr. Fulmer
stated.

Navajo Nation President Joe Shirley Jr. stated, “What
I think this ultimately means is that it goes towards
that, 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.”

Judge William A. Fletcher states, “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.’”

 Rudy Preston of the Flagstaff Activist Network
stated, “Snowbowl tried to push for too much. We knew
that the lower court ruling was wrong and we are
grateful that the 9th Circuit recognized that too. We
have no intentions of closing down the ski area, if
Snowbowl can’t manage their resort than maybe they’re
in the wrong business.”

“Snowbowl’s economic arguments have been completely
shattered. The court decision clearly states that
Snowbowl will not go out of business if it continues
to rely on natural snow. The courts and the Forest
Service EIS and the Courts recognized that the ski
area is not a significant driver of the winter economy
of the small city of Flagstaff” stated Mr. Preston.

Klee Benally, a volunteer with the Save the Peaks
Coalition said, “This has been a struggle that has
created painful division in our community. The actions
of the Forest Service and Snowbowl have created many
wounds, but today we can say lets let the wounds heal.
We recognize this ruling upholds human rights that we
have been denied for too long. We urge Snowbowl and
the Forest Service to respect the ruling that has been
issued by the 9th Circuit Court and not appeal.”

Carly Long, of the Flagstaff Activist Network said,
“Today is a triumph in the face of the ever present
threats to cultural and environmental justice and
heritage. The Peaks represent and hold different
meaning for all people, but it is and has been evident
how much support these sacred, awe-inspiring Peaks
have. We would like to honor the citizens who
relentlessly wrote comments, came to marches and
rallies, dedicated their thoughts and prayers, donated
money, and stood up publicly for the Peaks. From Japan
to Flagstaff and France to Massachusetts, this
decision represents the concerns of world citizens and
is a cornerstone in the palace of justice.”

The Appeals Court decision states that the Supreme
Court has repeatedly held that the constitution
“affirmatively mandates accommodation, not merely
tolerance, of all religions, and forbids hostility
toward any
.declining to authorize the use of treated
sewage effluent
is a permitted accommodation to avoid
‘callous indifference.’”

The decision also poignantly illustrates the unmet
environmental need as mandated by the National
Environmental Protection Act (NEPA).  The Forest
Service “does not address as an environmental impact
the risk to human health from the possible ingestion
of artificial snow made from treated sewage effluent.”


Many of the speakers at the press conference
acknowledged that there are many threatened sacred
sites throughout this country.

Coconino High School student Alberta Nells of the
Youth of the Peaks stated, “This mountain is our
mother, she is our grandparent and we're the children,
the grandchildren, we hear it in our songs, in our
prayers and now we can leave from this area knowing
that we have made a difference in this world today.
Now we can continue to walk life in beauty.”

Alberta Nells shared a story about how a schoolteacher
came up to her and said, "There is justice out there,
sometimes you have to go out looking for it.”

You can read the whole ruling on our website
www.savethepeaks.org.

###


 
____________________________________________________________________________________
Bored stiff? Loosen up... 
Download and play hundreds of games for free on Yahoo! Games.
http://games.yahoo.com/games/front
-------------- next part --------------
A non-text attachment was scrubbed...
Name: NoPoopSnow.pdf
Type: application/pdf
Size: 265193 bytes
Desc: 1670301313-NoPoopSnow.pdf
Url : http://list.web.net/archives/sludgewatch-l/attachments/20070402/8242d499/attachment.pdf