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, Plaintiff-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 OPINION 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 December 11, 2007.
Filed August 8, 2008.
Attorney(s) appearing for the Case
Howard M. Shanker (argued), Laura Lynn Berglan, The Shanker Law Firm, PLC, Tempe, AZ; Jack F. Trope (argued), Association on American Indian Affairs, Rockville, MD; Kimberly Schooley, DNA-People's Legal Services, Flagstaff, Arizona; Terence M. Gurley and Zackeree Kelin, DNA-People's Legal Services, Window Rock, AZ; Lisa A. Reynolds, James E. Scarboro (argued), Arnold & Porter LLP, Denver, CO; Anthony S. Canty, Lynelle Kym Hartway, Office of General Counsel, The Hopi Tribe, Kykotsmovi, AZ, for the plaintiffs-appellants.
Catherine E. Stetson (argued), Andrew L. Spielman, Hogan & Hartson LLP, Washington, DC; Janice M. Schneider, Latham & Watkins LLP, Washington, DC; Sue Ellen Wooldridge, Matthew J. McKeown, Andrew C. Mergen, Kathryn E. Kovacs, Lane M. McFadden (argued), United States Department of Justice, Environment & Natural Resources Division, Washington, DC; Philip A. Robbins, Paul G. Johnson, Michael J. O'Connor, John J. Egbert, Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for the defendants-appellees.
Geraldine Link, National Ski Areas Association, Lakewood, CO; Ezekiel J. Williams, Jacy T. Rock, Faegre & Benson LLP, Denver, CO; Glenn E. Porzak, P. Fritz Holleman, Eli A. Feldman, Porzak Browning & Bushong LLP, Boulder, CO; for the National Ski Areas Association as Amicus Curiae in Support of the defendants-appellees.
William Perry Pendley, Mountain States Legal Foundation, Lakewood, CO; for the Mountain States Legal Foundation as Amicus Curiae in Support of the defendants-appellees.
Opinion by Judge BEA; Dissent by Judge WILLIAM A. FLETCHER.
United States Court of Appeals, Ninth Circuit.
BEA, Circuit Judge:
In this case, American Indians ask us to prohibit the federal government from allowing the use of artificial snow for skiing on a portion of a public mountain sacred in their religion. At the heart of their claim is the planned use of recycled wastewater, which contains 0.0001% human waste, to make artificial snow.1 The Plaintiffs claim the use of such snow on a sacred mountain...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
