University of Wisconsin Law School Professor Richard Monette was one of the named attorneys filing an action in federal district court in Arizona on behalf of the Havasupai tribe which, along with several other tribes, sued to protect the sacred San Francisco peaks in northern Arizona from a plan by a local ski resort to recycle wastewater to make snow.
At trial Monette helped the legal team to devise the litigation strategy, to navigate the complex environmental issues, and to understand the legal significance of the tribe's religious practices based on time spent with the tribe's elders. After filing the original action, Monette continued as "of counsel" to the Havasupai Tribe.
On March 12, 2007, the 9th Circuit Court of Appeals ruled in favor of the tribes, who contend that the use of reclaimed wastewater to make snow violates their religious practices on the San Francisco Peaks. In a unanimous decision, a three-judge panel of the court agreed.
"The record supports the conclusion that the proposed use of treated sewage
effluent on the San Francisco Peaks would impose a burden on the religious exercise of all four tribes discussed above - the Navajo, the Hopi, the Hualapai, and the Havasupai," the court said.
The court said the U.S. Forest Service violated religious freedom laws by approving the snowmaking plan by Arizona Snowbowl, a ski area located on national forest land. The court also said the environmental impact statement did not comply with environmental law.
Submitted by on March 14, 2007
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