Yesterday, the U.S. 9th Circuit Court of Appeals reversed a
lower court decision and held that the U.S. Forest Service violated the
Religious Freedom Restoration Act when it approved a proposed expansion of the
Snowbowl ski resort in the Coconino National Forest in northern Arizona. At issue was the approval of the use of treated sewage to make artificial snow for the expansion. In
Navajo Nation v. United States Forest Service, (9th Cir., March 12, 2007), the appellate court held that the proposed use of treated sewage effluent on the San Francisco Peaks would impose a substantial burden on the religious exercise of Navajo and the Hopi Indian tribes. It said that the government did not have a compelling interest in authorizing the use of artificial snow at an already functioning commercial ski area merely so that the ski resort could expand and improve its facilities and extend its ski season in dry years.
Explaining its holding, the court said:
The record in this case establishes the religious importance of the Peaks to the Appellant tribes who live around it. From time immemorial, they have relied on the Peaks, and the purity of the Peaks' water, as an integral part of their religious beliefs. The Forest Service and the Snowbowl now propose to put treated sewage effluent on the Peaks. To get some sense of equivalence, it may be useful to imagine the effect on Christian beliefs and practices — and the imposition that Christians would experience — if the government were to require that baptisms be carried out with "reclaimed water."
The
Associated Press yesterday, reporting on the decision, said that Snowbowl Resort investors have spent $4 million on the environmental impact statement and legal fees in their attempt to expand the resort and its ski season.
