Tribes & Environmental Groups Decry Snowbowl Decision, Vow Appeals to Protect Sacred Mountain

January 12, 2006
Save the Peaks Coalition
Save the Peaks

For Immediate Release

Flagstaff, AZ - Yesterday afternoon U.S. District Court Judge Paul Rosenblatt issued his decision on the lawsuits filed against the U.S. Forest Service and Arizona Snowbowl in their attempt to allow the wastewater Snowmaking and expansion plan on the Sacred San Francisco Peaks. Members of the Save the Peaks Coalition, Tribal leaders, environmental advocates, and concerned members of the community gathered at the foothills of the sacred mountain to voice their concerns and announce appeals to the decision at a news conference.

“The federal government felt, and the court affirmed, that the economic viability of the Arizona Snowbowl Resorts Limited Partnership was more of a priority than the beliefs of hundreds of thousands of Native Americans.” Said lawyer Howard Shaker who represented the Navajo Nation, Yavipai Apache, white Mt. Apache, The center for Bio logical Diversity, Sierra Club, Flagstaff Activist Network , in a written statement. “This decision will be appealed.”

Leigh Kuwanwisiwma, director for the Hopi Tribe’s Cultural Preservation Office stated, “I want to express disappointment. The decision doesn’t surprise me at all, it’s a part of the legacy of insensitivity by federal agencies such as the Coconino National Forest Service on the civil and human rights of many people including the Hopi People.” Kuwanwisiwma said, “The tribe will consider an immediate call for an injunction in addition to an appeal.”

Jamie Fullmer, the Tribal Chairman of The Yavapai-Apache Nation and Vincent Randall a Tribal Council Historian released a joint statement expressing their disappointment to this “dangerous precedent”. “Recent history has shown the federal courts are not supportive of Native American sensibilities and traditions when it comes to issues concerning the landscape and spiritual health of our People. This decision to move ahead with fake snow may see some short term success, but the long term consequences and repercussions could over time haunt all of us, regardless of which culture you claim as your own.”

“This is a devastating tragedy for all those who value environmental health, culture and religious freedom.” said Klee Benally, Navajo of the Save the Peaks Coalition, “This is a miscarriage of justice. This is a defeat for those who have faith that the justice system is unbiased and indiscriminate, and all of us, native or not, will pay the price.”

“The District Court’s decision to allow Snowbowl expansion and snowmaking with wastewater is yet another link in an ever-growing chain that shackles the environment and the people who value it.” Said Carly Long of the Flagstaff Activist Network, a litigant in the case. “There is still an opportunity for justice to be served at the 9th Circuit level in San Francisco and we will appeal the District Court’s ruling in this case.” Carly Long said, “We will persist in our endeavor to ensure that the spiritual integrity of all people whom hold this mountain sacred is upheld and unbroken.”

"This is not the end, we have to continue to go forward in a peaceful way, until we let the mountain know that we’re not going to give up." Said Bucky Preston, a Hopi litigant, in a written statement.

Photograph © Save the Peaks 2006

Coconino High School student Alberta Nells, Navajo, of the Youth of the Peaks stated, “We all realize the sacredness of this mountain, we are all upset by the decision. This is really important for us as the youth, we do this for the generations that are coming, so then they will remember who they are by looking at this mountain, to know what their responsibilities are as indigenous peoples.”

Kelvin Long Executive Director of ECHOES said, “The Judges decision was only made at the Federal District level, and is part of a historically crucial case that is predicted to head to the Supreme Court. This is a tragedy to humanity, we as indigenous peoples have been murdered by the millions since contact with the European settlers, we have had our lands, languages, traditions, for the most part wiped out, but there are still some of us who are here, and we will continue to be here, unfortunately our existence is not without great struggle for survival and respect."

ECHOES along with the Save The Peaks Coalition are organizing a campaign to stop the City of Flagstaff’s wastewater sale to the Arizona Snowbowl.

Howard Shanker also stated, “No other ski area in the Country, or even the world that we are aware of, uses 100% treated waste sewage to make snow. Posting signs throughout the ski area saying "don't eat the snow" is not an adequate safeguard to protect against the known and unknown risks of exposure to the types of chemicals that persist in this effluent. The potential impacts on children especially, many of whom may be too young to read the signs, have not been adequately assessed by the government. This is an experiment that cannot be justified.”

“Regrettably, there is often a rift between what is legal and what is right. We will pursue all legal means to stop this project. It is our hope, however, that all people of conscience will contact their political representatives to encourage them to do what is right.” Shanker also stated. “Snowbowl is not a destination ski area. People do not travel from across the Country and around the world to ski at Snowbowl. Indeed, many of the press reports on this issue have overstated the economic contribution that Snowbowl makes to the Flagstaff economy -- which is marginal. People do, however, travel from around the world to the Flagstaff region to experience the ways of, especially the Navajo and Hopi Tribes. Other than to preserve the economic viability of a private entity, there is no adequate justification for this project.”

“As this nation prepares to celebrate the legacy of Dr. Martin Luther King Jr. and the struggle for Civil rights, how can we as native people celebrate when our civil rights, our human rights are being profaned, are being violated?” Said Jeneda Benally, member of the Save the Peaks Coalition, “The Civil rights movement went to court fighting for their rights and had many wins and losses. This ruling shows that in this day and age there is still injustice in the legal system. We will continue with our prayers, we will continue to oppose the ongoing attempts to violate human rights. The sacred mountain supports life, so we are strong, and we will continue to defend the sacred San Francisco Peaks. In closing, we leave you with the words of Dr. King, ‘Injustice anywhere is a threat to justice everywhere.’”

Save the Peaks

Statement by Attorney Howard Shanker

I spoke with President Shirley today. He has confirmed that the Navajo Nation will do whatever it takes to try to stop the use of reclaimed sewer water to make artificial snow on the sacred San Francisco Peaks.

This decision further eviscerates the rights of Native Americans to protect sacred lands that are essential to their belief systems. This is a direct affront to traditional Native beliefs and one more nail in the coffin of all the Tribes' throughout the Country ability to survive in tact. The federal government tends to view Native religions and traditional practitioners with historic and archeological interest. The fact is, however, that traditional beliefs play an extremely important role in the daily lives of many tribal members. These beliefs and traditions cannot be "preserved" or put in a museum, they must be respected and honored. It is a tragedy that the government and the courts do not seem to understand this. Or perhaps they simply disregard this fact because, after all, respecting Native beliefs can be inconvenient for the government when it comes to government land use decisions. It is well established that the San Francisco Peaks are among the most sacred of sites to over 13 tribes in the southwestern United States. Practitioners and political leaders from the Navajo Nation, the Yavapai-Apache Tribe, the Hopi Tribe, the Hualapai Tribe, the Havasupai Tribe, and the White Mountain Apache Tribe all came forward to testify as to the sacredness of the Peaks, a fact that was already well known to the Forest Service before they approved the use of reclaimed waste sewage water to make snow. They all hoped that justice would be accomplished. It was not in this case. Here, the federal government felt, and the court affirmed, that the economic viability of the Arizona Snowbowl Resorts Limited Partnership was more of a priority than the beliefs of hundreds of thousands Native Americans. This decision will be appealed.

As a practical matter, no other ski area in the Country, or even the world that we are aware of, uses 100% treated waste sewage to make snow. Posting signs throughout the ski area saying "don't eat the snow" is not an adequate safeguard to protect against the known and unknown risks of exposure to the types of chemicals that persist in this effluent. The potential impacts on children especially, many of whom may be too young to read the signs, have not been adequately assessed by the government. This is an experiment that cannot be justified.

Finally, Snowbowl is not a destination ski area. People do not travel from across the Country and around the world to ski at Snowbowl. Indeed, many of the press reports on this issue have overstated the economic contribution that Snowbowl makes to the Flagstaff economy -- which is marginal. People do, however, travel from around the world to the Flagstaff region to experience the ways of, especially the Navajo and Hopi Tribes. Other than to preserve the economic viability of a private entity, there is no adequate justification for this project. It is also interesting to note that the use of wastewater on the mountain could not go forward without the support of the Flagstaff City Council -- who have contracted with Snowbowl to supply the waste effluent.

There are many more issues that will likely form the basis of our appeal. Regrettably, there is often a rift between what is legal and what is right. We will pursue all legal means to stop this project. It is our hope, however, that all people of conscience will contact their political representatives to encourage them to do what is right.

NAVAJO NATION COUNCIL STATEMENT

FOR IMMEDIATE RELEASE

DATE: Thursday, January 12, 2006

Speaker of the Navajo Nation Council Lawrence T. Morgan (Iyanbito/Pinedale) issued the following statement on the announcement that the United States District Court Judge Paul G. Rosenblatt has upheld the decision of the Coconino National Forest to allow artificial snow-making on the San Francisco Peaks:

The Navajo Nation Council is very disappointed with the decision that has been handed down by Judge Paul Rosenblatt regarding commercial development on the San Francisco Peaks. With this decision, a mountain sacred not only to the Navajo Nation, but to many other tribes in Arizona as well, will continue to be desecrated. The sanctity of our cultural and spiritual relevance has been violated. The U.S. District Court has now seemingly underscored this without hesitation.

Although decisions are made by those in authority, those decisions do not supercede the natural laws of what is in existence. As Diné people, it is our sacred role to honor and protect the environment in which we live. The natural law that compels us to protect our sacred mountain – Dook’o’oslííd – will continue. It has been in existence since the beginning of time. It will not end. We will continue our advocacy to protect what is already in perfect order.

Even though there is a ruling, we will not be silenced. The Holy People know that we continue to hold strong to our values and that we will teach those values to our children. Our values as Diné and our roles as stewards of the land on which we live will continue.

The Navajo people continue to oppose the desecration of Dook’o’osliid. There are other avenues that may be explored such as taking this issue to the international arena. We have vowed to uphold the fundamental laws given to us by the Holy People and we will continue in our opposition.

Save the Peaks Decision

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Earlier Reports:

November 15, 2005

November 14, 2005

Save the Peaks Concert November 2005

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January 2006 Reports

Last updated on January 13, 2006