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Ninth Circuit Court Allows Review In Legal Case of Recycled Sewage On Sacred Mountain Print E-mail
by Press Release   

The 9th Circuit Court has granted the U.S. Forest Service and an Arizona ski resort the opportunity for review of the court's decision on March 12th, 2007 that had provided protection for 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 small local ski resort proposed a plan to expand and use treated waste effluent to make fake snow. However, their development has been halted due to the Ninth Circuit Court ruling, which has been hailed as a victory for Religious Freedom, Environmental Justice & Cultural Survival.

"The decision of the Ninth Circuit to rehear this case is regrettable. It means that the Court will reconsider the case - not that it has reversed any decision at this point. It is, however, even more regrettable that our federal government seems to place the profitability of a privately owned, non-destination ski area, that operates on federal land, over the deeply held religious and cultural convictions of hundreds of thousands of Native Americans living in the southwestern United States." 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.

Shanker, who is running for Congress in Arizona Congressional District 1, further provided that, "this situation is indicative of the fact that we need better laws and lawmakers who are willing to stand up and be counted in the face of this type of injustice. The continued pursuit of the use of reclaimed waste water to make snow on the San Francisco Peaks should be an affront to all people of conscience everywhere."

"We are confident that a hearing en banc by the 9th Circuit Court will only make the current ruling stronger." Rudy Preston of the Flagstaff Activist Network.

"Why in 2007 do we as America's first people have no guarantee for protection of our religious freedom?" said Jeneda Benally a volunteer with the Save the Peaks Coalition. "The case to protect the sacred San Francisco Peaks demonstrates the need for further protection of Native American religious freedom and rights in this country. We will continue our dedication to save the Peaks until we have our human rights fully upheld."

For more information visit: http://www.savethepeaks.org/

 
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