Native Americans Argue Snowbowl Appeal In 9th Circuit

Yesterday the U.S. Ninth Circuit Court of Appeals heard arguments in The Navajo Nation v. U.S. Forest Service, a challenge by various Southwestern Indian tribes to the expansion of an Arizona ski resort. Associated Press reports on the arguments over what would be the country's first ski resort to use entirely reclaimed sewage water to make snow. Scott Canty, attorney for the Hopi Tribe, argued that man-made snow would desecrate the mountain that is sacred to 13 Southwestern tribes. Jack Trope, attorney for the Hualapai tribe, said that the artificial snow could melt into a nearby spring used by the tribe for healing ceremonies, making the waters unusable for spiritual purposes. The lower court had rejected the tribes' First Amendment and RFRA claims. (See prior posting.)