|
|
|
|
|
 |
International Indian Treaty Council CONSEJO INTERNACIONAL DE TRATADOS INDIOS |
|||||||
|
|
Please forward & post far and wide! Save the Peaks! Efforts to Protect Sacred Mountain Continue! (Scroll Down to read about each bulleted item)
PEAKS LEGAL BATTLE
CONTINUES
On September 14, 2006 the 9th Circuit Court of
Appeals in San Francisco, California will hear
arguments in a legal battle that may decide the
future of American Indian religious freedom and the
ecological integrity of the San Francisco Peaks, a
mountain held sacred by over 13 Native American
nations. Tribes and environmental groups have
unified to halt Arizona Snowbowl's development plans
to expand the current ski area and use treated
sewage effluent to make artificial snow on the
sacred Peaks.
Although the plan is backed by the US Forest Service
and has been allowed to go forward in a decision
issued by Judge Rosenblatt of the US District Court
of Arizona on January 11th 2006, Snowbowl has been
forced to delay their proposed development.
Howard Shanker, representing the Navajo Nation, the
White Mountain Apache Tribe, the Yavapai-Apache
Tribe, the Havasupai Tribe, Rex Tilousi, Dianna
Uqualla, the Sierra Club, the Center for Biological
Diversity, and the Flagstaff Activist Network will
argue the case against the expansion plan and use of
treated sewage effluent to make snow before a three
judge panel in San Francisco, CA.
In addition, presenting their case will be lawyers
representing the Hopi Tribe and DNA People's Legal
Services Inc. representing the Hualapai Tribe, and
other tribal individuals.
The major points of the case are as follows (from
Shanker's opening statements to 9th
Circuit Court):
1. Defendants Failed to Disclose and Discuss the
Scientific Viewpoints
Submitted by Dr. Paul Torrence
Under NEPA, the agency is required to "disclose and
discuss responsible opposing scientific viewpoints
in the final statement itself." Dr. Paul Torrence
submitted an approximately 40 page treatise critical
of the analysis of health and environmental impacts
of using reclaimed sewer water for snowmaking
included in the DEIS. The FS neither disclosed nor
discussed Dr. Torrence's viewpoints in the FEIS.
The FS's failure to "disclose and discuss" was
without observance of the procedure required by
law. It was also arbitrary, capricious, and/or not
otherwise in accordance with law.
2. Defendants Failed to Consider the Fact That
Children Might Eat Snow Made From Non-Potable
Reclaimed Water
The only time that the possibility of eating snow is
directly addressed in the FEIS is in the FS response
to comments, which provides, in pertinent part,
that, "[t]here will be signs posted at Snowbowl
informing visitors of the use of reclaimed water as
a snowmaking water source. . . it is the
responsibility of the visitor or the minor's
guardian to avoid consuming snow made with reclaimed
water. . ." ER 52. Defendants' failure to
adequately consider this impact was without
observance of the procedure required by law,
arbitrary, capricious, an abuse of discretion,
and/or otherwise not in accordance with law.
3. Defendants Refused to Consider the Impacts
Associated With Withdrawal of 1.5 Million Gallons a
Day of Reclaimed Water That is Currently Used to
Recharge the Regional Aquifer Near Flagstaff
During the winter months, approximately 1.5 million
gallons a day of effluent from the Rio de Flag
treatment plant is currently introduced into the Rio
de Flag River to recharge the regional aquifer in
Flagstaff – where it is diluted with fresh water
before it percolates into the underground aquifer.
The FS refused to consider the impact of this
diversion in its decision making process – noting
that the City of Flagstaff was free to do whatever
it wanted with its wastewater. This is an "indirect
effect," a "cumulative impact," and/or a "connected
action," the impact of which should have been
thoroughly considered in the FEIS. The FS's refusal
to consider this impact is without observance of the
procedure required by law, arbitrary, capricious,
and/or otherwise not in accordance with law.
4. Defendants' Approval of This Project Violates
RFRA
In finding that defendants did not violate the
Religious Freedom Restoration Act (RFRA), the lower
court: (1) ignored the FS's own findings and Ninth
Circuit precedent on demonstrating a "substantial
burden" in the context of a government land use
decision; (2) improperly interpreted sincerely held
religious beliefs; (3) improperly interpreted the
requirement that RFRA decisions be made in
"context;" (4) applied improper legal analyses to
the "compelling interest" and "least restrictive
means" components of the strict scrutiny test; and
(5) made clear errors in many of its findings of
fact.
If you would like to learn more about the case or
read the actual court documents that Howard Shanker
has filed go to
www.shankerlaw.net or the
Save the Peaks website:
www.savethepeaks.org
CARAVAN TO SAN FRAN
TO SUPPORT THE SACRED PEAKS
The Save the Peaks Coalition is planning a caravan
to San Francisco, CA to support the efforts to
protect the Sacred Peaks. There will be events
outside the courtroom and the chance for a few to go
inside the courtroom to respectfully view the
proceedings. Organizations in San Francisco are
working with the Coalition to make this a truly
amazing experience for all peoples involved with
efforts to save sacred places around the world.
You are invited to take part in the caravan. We
already have vehicles with space for about 26
people. We are also looking for folks with their own
vehicles who may want to come with. Accommodations
(free and for a fee) will be available in San
Francisco for all those who would like to take part.
Much of the money needed to pay for the cost of
travel has already been sponsored by generous folks
unable to go, but more is needed. If you would like
to go, but cannot pay, call us anyway. If you would
like to support the caravan call us or go to
www.savethepeaks.org to donate to
the Sacred Peaks Defense Fund. All donations are
tax-deductible.
Deadline: If you would like to go on the
caravan please contact us by September 4th.
Contact: Please call or e-mail Rudy Preston
(928) 214-8077 or
buckmanhands@yahoo.com to reserve your
space or for more information. We would also love to
hear from you if you are planning to come to San
Francisco from other destinations besides Flagstaff.
Departing Flagstaff: We will be departing
Flagstaff on September 12th from Macy's parking lot.
Time to be determined. Check out
www.savethepeaks.org and sign our
emailing list for updates.
San Francisco, CA Logistics & Events: Once in
San Francisco we will be checking into our
accommodations and relaxing until the morning of
September 13th.
On September 13th from 1:00 p.m. to 4:00
p.m. a ceremonial gathering and welcoming of
regional tribes, environmental groups and supporters
of sacred sites protection, environmental justice
and cultural survival will be held at Yerba Buena
Park located at 3rd St. and Mission in San
Francisco, CA.
An evening dinner reception and discussion on sacred
sites protection and environmental justice with
tribal representatives, spiritual leaders and
environmental advocates will also be held from 4:30
p.m.- 9:00 p.m. at the American Indian Friendship
House in San Francisco (56 Julian Avenue).
On September 14th in San Francisco, CA there
will be a sunrise prayer gathering at 6:00 a.m. in
Dolores Park (Dolores St. at 18th St.) and March to
the courthouse followed by a Vigil outside of the
9th Circuit courthouse during the actual trial.
There will also be limited space inside the
courtroom for those interested in viewing the trial.
After the court proceedings there will be a press
conference on the steps of the 9th Circuit Court of
Appeals.
Departing San Francisco, CA: We will be
departing San Francisco for Flagstaff in the
afternoon on September 14th,
and arriving back in Flagstaff late in the evening.
Please help support the caravan to San Francisco
by donating today!
Save the Peaks Caravan Wish List
-Van - $400 for vehicle rental
-Gas - $1,100 (for multiple vehicles, more funds can
always be used for this)
- Catering for a reception on September 13th in San
Francisco, CA. We need to feed approx. 250 people.
Cost: $1800
- Save the Peaks Bumper Stickers! – $655 for 5,000
stickers!
- Tshirts – 2 color - $600 for 100 shirts
TOTAL: $4,555.00
FLAGSTAFF
CANDLELIGHT VIGIL
On September 13th at 5:30 p.m. there will be
a Candlelight Vigil at Heritage Square in downtown
Flagstaff, AZ to support the proceedings in San
Francisco, CA and to show support for the Sacred
Peaks. There will also be speakers to address the
environmental and cultural impacts of the proposed
expansion and wastewater snowmaking plan.
TAKE ACTION TO
PROTECT THE PEAKS NOW!
Support the Caravan! Check out our wish-list online and donate today!
THANK YOU FOR YOUR CONTINUED SUPPORT!
SAVE THE PEAKS!
|
|
|||||||||||||
|
|
 |
|
|
