NAVAJO NATION; Havasupai Tribe; Rex Tilousi; Dianna Uqualla; Sierra Club; White Mountain Apache Nation; Yavapai-Apache Nation; The Flagstaff Activist Network, Plaintiffs-Appellants, and
Hualapai Tribe; Norris Nez; Bill Bucky Preston; Hopi Tribe; Center for Biological Diversity, Plaintiffs,
v.
UNITED STATES FOREST SERVICE; Nora Rasure, in her official capacity as Forest Supervisor, Responsible Officer, Coconino National Forest; Harv Forsgren, appeal deciding office, Regional Forester, in his official capacity, Defendants-Appellees,
Arizona Snowbowl Resort Limited Partnership, Defendant-intervenor-Appellee.
Navajo Nation; Hualapai Tribe; Norris Nez; Bill Bucky Preston; Havasupai Tribe; Rex Tilousi; Dianna Uqualla; Sierra Club; White Mountain Apache Nation; Yavapai-Apache Nation; Center For Biological Diversity; The Flagstaff Activist Network, Plaintiffs, and
Hopi Tribe, Plaintiffs-Appellant,
v.
United States Forest Service; Nora Rasure, in her official capacity as Forest Supervisor, Responsible Officer, Coconino National Forest; Harv Forsgren, appeal deciding office, Regional Forester, in his official capacity, Defendants-Appellees,
Arizona Snowbowl Resort Limited Partnership, Defendant-intervenor-Appellee.
Hualapai Tribe; Norris Nez; Bill Bucky Preston, Plaintiffs-Appellants,
v.
United States Forest Service; Nora Rasure, in her official capacity as Forest Supervisor, Responsible Officer, Coconino National Forest; Harv Forsgren, appeal deciding office, Regional Forester, in his official capacity, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 14, 2006.
Filed March 12, 2007.
Attorney(s) appearing for the Case
Howard M. Shanker, Laura Lynn Berglan, The Shanker Law Firm, PLC, Flagstaff, AZ; William Curtis Zukosky, DNA People's Legal Services, Flagstaff, AZ; Terence M. Gurley and Zackeree Kelin, DNA People's Legal Services, Window Rock, AZ; Anthony S. Canty, Lynelle Kym Hartway, The Hopi Tribe, Kykotsmovi, AZ; Jack F. Trope, Association on American Indian Affairs, Rockville, MD, for the appellants.
Rachael Dougan, Lane McFadden, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Janice M. Schneider, Bruce Babbitt, Latham & Watkins, Washington, D.C.; Philip A. Robbins, Paul G. Johnson, Jennings Strouss & Salmon, Phoenix, AZ, for the appellees.
Before W. FLETCHER and RAWLINSON, Circuit Judges, and THELTON E. HENDERSON, District Judge.
United States Court of Appeals, Ninth Circuit.
WILLIAM A. FLETCHER, Circuit Judge.
The San Francisco Peaks in the Coconino National Forest in northern Arizona have long-standing religious significance to numerous Indian tribes of the American Southwest. The Arizona Snowbowl is a ski area on Humphrey's Peak, the highest and most religiously significant of the San Francisco Peaks. After preparing an Environmental Impact Statement, the United States Forest Service approved...
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