After a bench trial, the district court held that the proposed expansion did not violate RFRA. Navajo Nation v. U.S. Forest Serv., 408 F. Supp. 2d 866, 907 (D. Ariz. 2006). At the same time, the district court granted summary judgment to the defendants on the plaintiffs’ NEPA and NHPA claims. Id. at 872-80. This appeal followed as to all three claims.
Plaintiffs-appellants are the Navajo Nation, the Hopi Tribe, the Havasupai Tribe, the Hualapai Tribe, the Yavapai-Apache Nation, the White Mountain Apache Nation, Bill Bucky Preston (of the Hopi Tribe), Norris Nez (of the Navajo Nation), Rex Tilousi (of the Havasupai Tribe), Dianna Uqualla (of the Havasupai Tribe), the Sierra Club, the Center for Biological Diversity, and the Flagstaff Activist Network. Defendants appellees are the United States Forest Service; Nora Rasure, the Forest Supervisor; Harv Forsgren, the Regional Forester; and intervenor Arizona Snowbowl Resort Limited Partnership (“ASR”), the owner of the Snowbowl.
We reverse the decision of the district court in part. We hold that the Forest Service’s approval of the Snowbowl’s use of recycled sewage effluent to make artificial snow on the San Francisco Peaks violates RFRA, and that in one respect the Final Environmental Impact Statement prepared in this case does not comply with NEPA. We affirm the grant of summary judgment to Appellees on four of Appellants’ five NEPA claims and their NHPA claim.
Judge(s): William A. Fletcher
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Laura Berglan||DNA People's Legal Services|
|Terence Gurley||DNA People's Legal Services|
|William Zukosky||DNA People's Legal Services|
|Anthony Canty||The Hopi Tribe|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Paul G. Johnson||Jennings Strouss & Salmon PLC|
|Philip A. Robbins||Jennings Strouss & Salmon PLC|
|Bruce Babbitt||Latham & Watkins LLP|
|Janice M. Schneider||Latham & Watkins LLP|
|Rachael Dougan||U.S. Depertment of Justice|
|Lane McFadden||U.S. Depertment of Justice|