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SAVE THE SAN FRANCISCO PEAKS! Efforts to Protect Sacred Mountain - Events in SF September 13-14!
PEAKS LEGAL BATTLE CONTINUES
On September 14, 2006
the 9th Circuit Court of Appeals in San Francisco,
California will hear arguments in a legal battle
that may decide the future of American Indian
religious freedom and the ecological integrity
of the San Francisco Peaks, a mountain held
sacred by over 13 Native American nations.
Tribes and environmental groups have unified
to halt Arizona Snowbowl's development plans
to expand the current ski area and use treated
sewage effluent to make artificial snow on
the sacred Peaks.
Although the plan is
backed by the US Forest Service and has been
allowed to go forward in a decision issued
by Judge Rosenblatt of the US District Court
of Arizona on January 11th 2006, Snowbowl has
been forced to delay their proposed development.
Howard Shanker, 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 will argue
the case against the expansion plan and use
of treated sewage effluent to make snow before
a three judge panel in San Francisco, CA.
In addition, presenting
their case will be lawyers representing the
Hopi Tribe and DNA People's Legal Services
Inc. representing the Hualapai Tribe, and other
tribal individuals.
The major points of
the case are as follows (from Shanker's opening
statements to 9th Circuit Court):
1. Defendants
Failed to Disclose and Discuss the Scientific
Viewpoints
Submitted by Dr.
Paul Torrence
Under NEPA,
the agency is required to "disclose and discuss responsible
opposing scientific viewpoints in the final
statement itself." Dr. Paul Torrence submitted
an approximately 40 page treatise critical
of the analysis of health and environmental
impacts of using reclaimed sewer water for
snowmaking included in the DEIS. The
FS neither disclosed nor discussed Dr. Torrence's
viewpoints in the FEIS. The FS's failure
to "disclose and discuss" was without observance
of the procedure required by law. It
was also arbitrary, capricious, and/or not
otherwise in accordance with law.
2. Defendants
Failed to Consider the Fact That Children
Might Eat Snow Made From Non-Potable Reclaimed
Water
The only time
that the possibility of eating snow is directly
addressed in the FEIS is in the FS response
to comments, which provides, in pertinent
part, that, "[t]here
will be signs posted at Snowbowl informing
visitors of the use of reclaimed water as a
snowmaking water source. . . it is the responsibility
of the visitor or the minor's guardian to avoid
consuming snow made with reclaimed water. .
." ER 52. Defendants' failure to
adequately consider this impact was without
observance of the procedure required by law,
arbitrary, capricious, an abuse of discretion,
and/or otherwise not in accordance with law.
3. Defendants
Refused to Consider the Impacts Associated
With Withdrawal of 1.5 Million Gallons a
Day of Reclaimed Water That is Currently
Used to Recharge the Regional Aquifer Near
Flagstaff
During the winter
months, approximately 1.5 million gallons
a day of effluent from the Rio de Flag treatment
plant is currently introduced into the Rio
de Flag River to recharge the regional aquifer
in Flagstaff – where
it is diluted with fresh water before it percolates
into the underground aquifer. The FS
refused to consider the impact of this diversion
in its decision making process – noting
that the City of Flagstaff was free to do whatever
it wanted with its wastewater. This is
an "indirect effect," a "cumulative impact," and/or
a "connected action," the impact of which should
have been thoroughly considered in the FEIS. The
FS's refusal to consider this impact is without
observance of the procedure required by law,
arbitrary, capricious, and/or otherwise not
in accordance with law.
4. Defendants'
Approval of This Project Violates RFRA
In finding that
defendants did not violate the Religious
Freedom Restoration Act (RFRA), the lower
court: (1) ignored the FS's own findings
and Ninth Circuit precedent on demonstrating
a "substantial burden" in
the context of a government land use decision;
(2) improperly interpreted sincerely held religious
beliefs; (3) improperly interpreted the requirement
that RFRA decisions be made in "context;" (4)
applied improper legal analyses to the "compelling
interest" and "least restrictive means" components
of the strict scrutiny test; and (5) made clear
errors in many of its findings of fact.
If you would like
to learn more about the case or read the
actual court documents that Howard Shanker
has filed go to www.shankerlaw.net or the
Save the Peaks website: www.savethepeaks.org
CARAVAN
TO SAN FRANCISCO TO SUPPORT THE SACRED
PEAKS
The Save the Peaks Coalition
is planning a caravan to San Francisco, CA
to support the efforts to protect the Sacred
Peaks. There will be events outside the courtroom
and the chance for a few to go inside the courtroom
to respectfully view the proceedings. Organizations
in San Francisco are working with the Coalition
to make this a truly amazing experience for
all peoples involved with efforts to save sacred
places around the world.
You are invited to take
part in the caravan. We already have vehicles
with space for about 26 people. We are also
looking for folks with their own vehicles who
may want to come with. Accommodations (free
and for a fee) will be available in San Francisco
for all those who would like to take part.
Much of the money
needed to pay for the cost of travel has
already been sponsored by generous folks
unable to go, but more is needed. If you
would like to go, but cannot pay, call us
anyway. If you would like to support the
caravan call us or go to www.savethepeaks.org to
donate to the Sacred Peaks Defense Fund.
All donations are tax-deductible.
Deadline:
If you would like to go on the caravan
please contact us by September 4th.
Contact: Please
call or e-mail Rudy Preston (928) 214-8077
or buckmanhands@yahoo.com to
reserve your space or for more information.
We would also love to hear from you if you
are planning to come to San Francisco from
other destinations besides Flagstaff.
Wednesday, September 6th - Save the Peaks Banner Making Party! 4:30 p.m. (place TBA) Bring sign making materials! Departing Flagstaff: We will be departing Flagstaff on September 12th from Macy's parking loton S. Beaver Street. Time to be determined. Check out www.savethepeaks.org and sign our emailing list for updates.
Once in San Francisco Caravaners from Flagstaff will be checking into accommodations and relaxing until the morning of September 13th. On
Wednesday, September 13th
On
Thursday, September 14th
PLEASE HELP SUPPORT THE CARAVAN
TO SAN FRANCISCO BY DONATING TODAY!
SAVE THE PEAKS CARAVAN WISH LIST
Wednesday, September 6th - Save the Peaks Banner Making Party! 4:30 p.m. (place TBA) Bring sign making materials!
On September 13th at
5:30 p.m. there will be a Candlelight Vigil
at Heritage Square in downtown Flagstaff, AZ
to support the proceedings in San Francisco,
CA and to show support for the Sacred Peaks.
There will also be speakers to address the
environmental and cultural impacts of the proposed
expansion and wastewater snowmaking plan.
Support the Caravan! Check out our wish-list online (above) and donate today! HOST A SCREENING OF "THE SNOWBOWL EFFECT" DOCUMENTARY Indigenous Action Media is offering a limited number of free copies of the compelling 56-minute documentary to anyone who is interested in hosting a community screening. Visit www.savethepeaks.org/snowbowleffect to find out how you can get a DVD and film screening kit with Peaks info today!
THANK YOU FOR YOUR CONTINUED SUPPORT!
SAVE THE PEAKS!
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