by Brennan Lagasse

On October 12, 2011, indigenous elders and medicine people came together on a conference call with several representatives of the federal government. The purpose of the call was to continue an ongoing dialogue centered on the protection of indigenous sacred sites that continue to be comprised under federal leadership. It was a very relevant exercise in where the modern day power culture of the federal government still stands in regards to respect for the well-being of indigenous peoples.

 

Although several governmental representatives took part in the call, the clear and salient message received by those not affiliated with the federal government was, firstly, that sacred site protection is not important enough for Secretary Tom Vilsack to be a part of the call—the one whom all indigenous elders and medicine people were planning on being involved. And secondly, that it is not important enough to honor the request of those who hold these places as central to their well-being and way of life, to hold this conversation in person.
What progress has been made in the many years of working to protect sacred sites through executive orders, rules, laws, regulations, policy, and court cases if the present-day reality remains the same today for indigenous peoples as it has since any repatriation work first began?
When will the federal government respect that in order to seek a lasting solution to this dire problem, that dialogue must happen in person, and those that make the ultimate decisions, like Secretary Tom Vilsack, must be present and fully engaged in order for lasting work to take place? Without representation like his, as was articulated to indigenous elders and medicine people that he would at least be on this important phone call, what message does this ultimately send? That any “progress” will be filtered through other representatives, continue as non-binding, and that overall, this engagement is merely business as usual.
What more can indigenous peoples do to have non-Native leaders understand their perspective? It has been articulated time and time again, and does not stray in any way from the following system of beliefs as articulated last March:
“The Creator gave the Aboriginal Indigenous Nations of the People Laws to follow and responsibilities to care for all Creation. These instructions have been passed down from generation to generation from the beginning of Creation. It is the Law that no one can overpower the Creator’s Law, you are a part of Creation, thus if you break the Law, you are destroying yourself.
We speak on behalf of all Creation: the four legged/those that swim/those that crawl/those that fly/those that burrow in the Earth/the plant and tree Nations. This one life system includes the elements of fire, water, earth and air, the living environment of ‘Mother Earth.’
The Sanctity of the Creator’s Law has been broken. The balance of life has been disrupted. You come into life as a sacred being. If you abuse the sacredness of your life then you affect all Creation. The future of all life is now in jeopardy.
We have now reached the crossroads. As Aboriginal Indigenous People we ask you to work with us to save the future of all Creation.”
—Aboriginal Indigenous Nations of the People’s Message (March 11, 2011)
The perspective of those fighting is to save their sacred places, the most holy places on earth, is clear and succinct. It has been since day one. What must be honored is this path, as a way forward to try and help agencies like the US Forest Service understand the sincerity and importance of this dialogue, and to prevent future desecration to these places that have been compromised spiritually and environmentally for years.
Indigenous elders and medicine people have asked that the UN Declaration on the Rights of Indigenous People be included in any binding documents moving forward. How is that not clear at this moment in time? Furthermore, without mentioning the Creator’s Law in such documents, a Law that is binding to indigenous peoples that speaks to all life and creation being sacred, oppression continues. This Law cannot be altered or manipulated and is unchangeable from the perspective of indigenous peoples. Again, it can’t be much clearer than that.
The federal government continues to respond to indigenous concerns in a manner that does not honor the merit of indigenous peoples’ respect and connection to their sacred places. It can’t be said much more simply, that there are no lasting, meaningful safeguards in place to protect sacred places. Even still, a path of unsustainability continues under a guise of “progressive conflict resolution.”
Harmony can and must be achieved, but respect of perspective, tradition, and spirituality must be acknowledged for its profound and lasting nature if actual balance between “public land” and sacred sites is to be realized.
If federal entities are to truly accept the wrongs of the past, but cease to take meaningful steps forward, how can indigenous peoples trust not only their role in the process, but be led to believe ultimately that cultural genocide by way of killing language, traditional ways of living, and holy places to pray are not going to continue as they have for hundreds of years?
Many efforts have been made to heal from the past, but if you listen to indigenous peoples, they will tell you that not only are they still feeling the burdens of the past, but their way of life also continues to be undermined by current work that is viewed by federal entities as “progression.” This is a glaring, major issue that consistently gets glossed over.
Much work is still needed, and even with all that has happened on indigenous sacred lands in years past, elders, medicine people, and all vested stakeholders continue to be willing to attempt to find a sustainable solution now, and for future generations to come. That is of the utmost concern and directly reflects the Creator’s Law, that when formally acknowledged and honored by federal entities, may allow for a solution to come forth.
Perhaps the most amazing fact in this ongoing issue is that indigenous people continue to be willing to sit down and work on solutions, even with continued acts of disrespect, like Secretary Vilsack skipping out on the vitally important March 2011 phone conference. However, no future progression can happen without honoring these words. A meeting must be set, to take place in person, where face-to-face dialogue will ensue between indigenous nations and the leaders of federal entities like the USDA that have the power to create legislation that can honor the concerns, traditions, and beliefs of indigenous peoples.
The federal government’s modern culture continues to disrespect indigenous culture. People of modern culture, even those who wield power, do not have to be so oppressive and disrespectful to argue their perspective of “modernity” to those that live differently from the status quo. The only question that remains is, will the USDA and others involved accept this invitation, and will they actually come to the table with an open mind and an open heart, ready to listen and make the necessary changes all parties know must come forth in order for work on the ground to be felt by those most affected?

Brennan Lagasse is a writer and environmental consultant living in Lake Tahoe, CA. He is also the backcountry reporter for Unofficial Networks, www.unofficialnetworks.com. Brennan can be reached at brennanlagasse@hotmail.com.

number of views: 1904

WINDOW ROCK, NAVAJO NATION — Navajo Council Delegate Walter Phelps (Cameron, Coalmine Canyon, Birdsprings, Leupp, Tolani Lake) has introduced Legislation 0420-11 “An Action Relating To Resources And Development And NAABIK’IYATI’; Supporting The Use Of Groundwater For Snowmaking On Dook’o’oosliid (San Francisco Peaks).” You can read the legislation here: http://www.navajonationcouncil.org/Legislations/2011/Oct/0420-11.pdf

The legislation was introduced on October 7th, over a 3-day weekend, with the comment deadline ending on Oct. 11th.

Below is my response and a press release from the Hopi Tribe.

 

 

 

RE: Navajo Nation Legislation 0420-11 – Supporting The Use Of Groundwater For Snowmaking On Dook’o’oosliid (San Francisco Peaks).

Greetings,

The Navajo Nation has previously taken very serious stands to protect the Holy San Francisco Peaks with numerous resolutions including one in 1998 calling for the dismantling of the ski area and litigation.
It would be contrary to all previous positions that the Navajo Nation has taken to now support use of groundwater for snowmaking on the Holy San Francisco Peaks.

The proposed legislation sends the message that desecration of Dook’o'oosliid is approved by the Navajo Nation.

Additionally, supporting groundwater snowmaking at this time would threaten to UNDERMINE two current legal cases; the Save the Peaks Coaltion v. Forest Service and the Hopi Tribe v. City of Flagstaff.
This is a serious consequence that the Navajo Nation should consider prior to any decisions regarding this proposed legislation.

The writers of this legislation did not consult or engage in dialogue with litigants, NGOs and individuals who have long been actively engaged in the issue.

At minimum the Navajo Nation Council should convene a meeting with these stakeholders prior to considering an action of this nature.

This proposed legislation further demonstrates that the sponsors and writers are out of touch with the grassroots people who have been working on this issue for more than a decade.
There are a number of alternative means that the Navajo Nation Council can use to effectively address desecration of Dook’o'oosliid that do not include supporting a piece of legislation that: 1. supports Snowbowl’s further desecration of Dook’o'oosliid. 2. undermines two current legal cases. 3. ignores and undermines grassroots work and strategies. 4. betrays previously held unified positions with other tribal entities.

Ahe’ hee’,
Klee Benally – Protect the Peaks Activist
Forest Lake Chapter

###

PRESS RELEASE: The Hopi Tribal Council Does Not Support Navajo’s Proposal to Use Groundwater for Snowmaking on Nuvatukyaovi

Contact:
Public Information Office
Phone: (928) 734-3104
Fax: (928) 734-6665
www.hopi-nsn.gov

October 11, 2011

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number of views: 2086

“The Creator gave the Aboriginal Indigenous Nations of the People Laws to follow and
responsibilities to care for all Creation. These instructions have been passed down
from generation to generation from the beginning of Creation. It is the Law that no one
can overpower the Creator’s Law, you are a part of Creation, thus if you break the
Law, you are destroying yourself.
We speak on behalf of all Creation: the four legged/those that swim/those that
crawl/those that fly/those that burrow in the Earth/the plant and tree Nations. This one
life system includes the elements of fire, water, earth and air, the living environment of
“Mother Earth”.
The Sanctity of the Creator’s Law has been broken. The balance of life has been
disrupted. You come into life as a sacred being. If you abuse the sacredness of your
life then you affect all Creation. The future of all life is now in jeopardy.
We have now reached the crossroads. As Aboriginal Indigenous People we ask you to
work with us to save the future of all Creation.”

Aboriginal Indigenous Nations of the People’s Message 3.11.2011

The message above was brought forth, by Indigenous Elders and Medicine Peoples, at
the threatened sacred mountain of the ancestors of the Huhugam. This message
presented an opportunity to the United States of America for direct face-to-face
dialogue with Indigenous Elders and Medicine People, which is necessary to assist and
educate the Forest Service on how to conduct their activities to prevent damage,
destruction and desecration to places held sacred by Indigenous Peoples.

As the Original Stewards of this Land, we are offended by the lack of sensitivity being
shown to our position and we are discriminated against by having to respond in black
and white with a foreign language that is not ours and does not convey the full depth of
our concerns. We maintain the inherent responsibility that was given to us by the
Creator to care for all Creation and to speak for our relatives that cannot be easily
understood by the newcomers. We are united under the Creator’s Law to protect and
extend Life for our future generations. Today, your understanding of a sacred site does
not reflect what Indigenous Peoples know to be true about the places that we hold
Sacred and Holy.

The “Report to the Secretary – USDA and Forest Service Policy and Procedures
Review: Indian Sacred Sites” is without spirit and fails to provide meaningful and
effective direction for the development of policies for the protection of Indigenous
sacred places. There is nothing in the report that offers any new or real mechanisms to
protect sacred places that create the foundations of our Way of Life as Indigenous
Peoples. The activities of federal agencies continue to damage, destroy, and desecrate
these sacred places. For instance, there is no mention in the report of how the Agency
is going to protect sacred places from special use permits, third party contractors or
resource extraction. And, there is no recognition of the fact that the United States has
treaty, agreements and statutory obligations to Indigenous Peoples; these obligations
surpass the Agency’s mission to provide multi-use activities. Recreational activities on
our sacred lands do not reach the same threshold and should not be weighed equally
with our Way of Life as Indigenous Peoples particularly when actions may result in
negative consequences to the natural system of life.

Protection of what we hold Sacred as Indigenous Peoples surpasses domestic and
international laws; it also requires adherence to the Creator’s Law, a Law that is
indivisible and creates the spiritual foundations for Indigenous Nations and our Way of
Life. For this reason, we specifically asked that the United Nations Declaration on the
Rights of Indigenous Peoples be included in the document and noted as “a minimum
standard”. This specific request was not included in the report. And, there is no
mention of the Creator’s Law in the report. As Indigenous Peoples we do not separate
ourselves from the Creator’s Law. The Creator’s Law is that All Life is Sacred, All
Creation is Sacred. That is the Natural Law we cannot change or challenge.

The Forest Service states it cannot delegate decision-making authority for actions on
National Forest System land to entities outside the federal government. However, the
Creator never delegated the right of Creation and Destruction to the Forest Service.
Yet, the Forest Service continues to destroy and desecrate the natural function of these
lands, while trying to create new uses for these lands that have held their sacred
purpose since the beginning of Creation. We, the Indigenous Peoples, have obligations
and responsibilities that go beyond man-made domestic and international laws. We
must adhere to the Creator’s Law and protect and maintain these sacred places and
honor their sacred purposes. The Creator’s Law does not change so our obligations and
responsibilities have not and will not change.

The report speaks of keeping sacred sites confidential for their protection, yet the Forest
Service continues to move forward with its plans to damage, destroy, pollute and
desecrate known and identified Holy places with telescopes, treated sewage effluent,
resource extraction, further development, recreation and other damaging activities. As
a result it is not prudent for Indigenous Peoples to provide federal agencies with
information on sacred places and knowledge until a mutually acceptable and fully
responsible system has been established for protecting the sacred places that have
already been identified. Our knowledge is for us to protect and not for federal agencies
to abuse. Only when a sacred area is threatened or revealed will it be interpreted by the
Indigenous Elders and Medicine Peoples. Direction will then be given to the Forest
Service on how to conduct their activities to prevent damage, destruction and
desecration. Those born into this way of life understand that it is our responsibility not
to give away the inherited rights of our future generations to those who do not value
and understand our Way of Life. The only way to legitimately include authentic
indigenous knowledge is to include the Indigenous Peoples, who are the true keepers of
that spiritual knowledge throughout the entire process especially when decisions are
being made. So you must come to the Indigenous Peoples, face-to-face, in order to get
our free, prior and informed consent before plans are initiated that may affect
Indigenous Peoples and the Creator’s Creation.

When you decide to move forward in a correct manner (that is with respect and dignity
as human beings), then you will come to the Indigenous Peoples to consult face-to-face
with an understanding that we need consensus before proceeding. Anything less falls
short of developing a working relationship that is necessary with Indigenous Peoples to
address critical issues and to benefit all Creation. The Forest Service has indicated that
it wishes to engage in co-management of these lands with the Indigenous Peoples.
However, the Forest Service has failed to recognize that our obligations and
responsibilities go beyond the limitations of man-made laws. Our responsibilities
include an obligation to speak on behalf of all Creation, to protect that sacredness that
has been given to us by the Creator. The word “co-management” itself is inappropriate,
because we don’t view our role as managers, but rather to protect and to live in
harmony with all Creation. Once these foundational principles are understood and
respected, we can begin discussions on how this balance can be achieved.
The Forest Service needs to understand that it is fully responsible and liable for the
activities and actions that it allows and undertakes on our sacred lands and which
negatively impact Indigenous Peoples and our Way of Life. The report singles out
Forest Supervisors as having final authority for these decisions, but we remind you that
all administrators and staff within any given line of authority will be held responsible
for fulfilling obligations to all domestic laws, international laws and the Creator’s Law,
which protect the Creator’s Creation and our Indigenous Way of Life. Line officers are
not the only staff that require performance measures for this to work; these measures
must be required of all public servants from the President, Members of Congress,
Supreme Court Justices, USDA Secretary and all Forest Service line officers, especially
since there is such a strong record for violation of and past inconsistent implementation
of policies listed in the report. There is a need to immediately enforce and synthesize
all current laws, policies and procedures and to create legitimate consequences for those
who fail to follow these protocols.

We all need a healing. The report does not address how your Agency is going to right
past wrongs and restore past damages that your Agency has caused. As Indigenous
Peoples we strive to maintain balance and harmony with all Creation. Many years ago
we received the message that this harmonious balance had been disrupted. We have
sent messages of all types to every governmental body around the World including your
Agency that we must begin to heal activities of the past that have led to damage,
destruction, and desecration. To begin this healing process we must first stop these
damaging activities to allow the natural healing process of Mother Earth to begin. The
healing cannot begin until your Agency formally confronts the legacies of injustice to
the water, air, land, plants, animals, trees, and all of the Creator’s Creation that you
have damaged, destroyed and desecrated, including the Indigenous Peoples.

A healthy relationship between our Nations needs to be created. We noted your nondiscriminatory
statement but also noted the omission of our spiritual way of life and
sacred holdings in that statement. The United States of America has not honored its
agreements to the original inhabitants of this land since the beginning of our
relationship. This same lack of commitment to the agreements being made with the
Indigenous Peoples continues to this day. For that reason we as Indigenous Peoples
recommend that the Secretary as a first step towards reconciliation conduct an
independent investigation into past and current human rights and environmental
violations, including discriminatory practices, under both domestic and international
law. The findings from this independent investigation should be made public and
should include recommendations and plans to restore past damage and to prevent future
harms to the Creator’s Creation and our Way of Life. Your laws get outdated and do
not respond effectively to emerging threats such as treated sewage effluent, invasive
species, antibiotic resistant genes and all other types of emerging and existing threats to
the natural system of life. The United States’ 1872 mining law, for example, does not
adhere to your best available science and does not adhere to the Creator’s Law. It must
be changed if your laws as a Nation are to be taken seriously. Your science is flawed as
it cannot predict with absolute certainty how Mother Earth will respond to your
activities. Because you are blinded by laws and science that are economically driven,
Indigenous Peoples, as the Original Stewards of this Land, must be involved in every
aspect of your actions – planning, development and implementation– to ensure the
protection of our Way of Life and to fulfill our obligations to the Creator and all Life.
Another concern stated in the report is that the Agency lacks personnel, knowledge and
funding. This means you lack the resources to fulfill your obligations to your laws,
international laws and the Creator’s Law and should not be allowed to proceed with any
plans until you are ready and able to be responsible for your actions and to fulfill all of
your obligations.

We, as Indigenous Peoples, have a great responsibility to our children and all Life that
must be honored and upheld. The covenant we have with the Creator requires us to
consider the impacts of our decisions on the Creator’s Creation and the impact these
decisions will have on the future of life. The Indigenous Elders, Medicine Peoples,
Spiritual Leaders, Wisdom Keepers, Spiritual People and Those Who Carry Great
Responsibilities for Their People will continue to fulfill their responsibilities to provide
a future for the coming generations of Life and must be included in all planning and
decisions affecting the natural system of life.
In order for us to move forward meaningfully we must first create a base understanding
between us, to ensure that we are agreeing to speak about sacredness in a manner that is
appropriate, respectful and with the dignity it requires. Otherwise, these discussions
will fail to address the concerns of the Indigenous Peoples and to honor the Secretary’s
request to create more effective policies for the protection of Indigenous sacred places.
We have much more to share with you outside of this very limiting and discriminatory
process, a process that does not reflect who we are as Indigenous Elders and Medicine
Peoples. We want to be very clear that this is not consultation. True consultation
requires those with decision-making authority to be willing to come to us formally, and
sit with us face-to-face. Then we can initiate a true dialogue on how to proceed
honorably to provide a future for All Life.

We are united under the Creator’s Law. We are from various Indigenous Nations and
are spiritually related. We have been placed on our lands as Aboriginal Indigenous
Nations of the People with sacred instructions and responsibilities placed within us by
the Creator to follow the Laws of the Creator. Your Agency uses terms like federally
recognized and federally unrecognized. We see this as your way of dividing the
Indigenous Peoples. We are united under the Creator’s Law, as United Indigenous
Nations, to protect and extend Life for all future generations.

We have worked through the Senior Advisor to Secretary Tom Vilsack to set up a two
and a half hour meeting on October 12, 2011. The Indigenous Elders and Medicine
Peoples intend to begin dialogue with Secretary Vilsack during this phone conference,
rather than continuing to have these discussions filtered through his representatives. The
Secretary is the representative for the United States regarding their position on the
protection of our Indigenous Sacred Lands. The Secretary’s participation or lack of
participation on this phone conference will reflect the United States commitment to
creating a working relationship with the Indigenous Elders and Medicine Peoples to
realign their way of life with the Creator’s natural system of life.

REPRESENTATIVES OF THE COUNCIL
Chief, Arvol Looking Horse
19th Generation Keeper of the Sacred White Buffalo Calf Pipe
Spiritual Leader
Lakota, Dakota and Nakota Nations
Bobby C. Billie
Clan Leader and Spiritual Leader
Council of the Original Miccosukee
Simanolee Nation Aboriginal People
-ADDITIONAL SIGNATURES TO FOLLOW

ORAL STATEMENT DELIVERED TO FRED CLARK, DIRECTOR OFFICE OF
TRIBAL RELATIONS ON OCTOBER 4, 2011

number of views: 2384

Dated: Wednesday, August 24, 2011

The Havasupai Tribe, Klee Benally, an activist Dineh (Navajo) youth, and the International Indian
Treaty Council, filed an Urgent Action / Early Warning Complaint with the United Nations (UN)
CERD Committee, on the desecration of Sacred San Francisco Peaks, Arizona. The complaint, filed late
Wednesday, August 17, 2011, focuses on recent actions by the Arizona Snowbowl’s clear-cutting of 40
acres of pristine forest and the laying of over 5 miles of a waste water pipeline in furtherance of a US
Forest Service and City of Flagstaff project to spray artificial snow made of waste water effluent on San
Francisco Peaks. On Thursday, August 18th, the Inter Tribal Council of Arizona, in representation of 20
recognized Indian Tribes and Nations1 filed a letter asking that they also be named in the complaint as
co-petitioners.

The Committee on the Elimination of Racial Discrimination, known internationally as the CERD
Committee is charged with monitoring compliance with the International Convention on the Elimination
of all forms of Racial Discrimination (ICERD).

The United States ratified the ICERD on 21 October 1994, and has an internationally legally binding
obligation to respect and not violate the human rights recognized in the ICERD, and to ensure that it
is not violated by third parties, including its agency the US Forest Service, the City of Flagstaff, and
private interests such as the Arizona Snowbowl.

Up to 1.5 million gallons of treated sewage effluent would be sprayed on Holy San Francisco Peaks
every day or more than 100 million gallons over the course of the winter ski season. And the city
of Flagstaff, Arizona, would profit by selling 180,000,000 gallons of its treated sewage to Arizona
Snowbowl for this purpose.

“Neither the courts nor the public fully understand our spiritual ceremonies and practices and our
spiritual relationship to the Earth,” said Klee Benally, the Navajo youth petitioner. “We have no
guaranteed protection for our religious freedom as Indigenous Peoples in the US. The Holy San
Francisco Peaks have been sacred to us since time immemorial, thousands of years before there was a
Columbus or a United States. The desecration of this Holy site is an act of cultural genocide.”

“The actions committed by the Arizona Snowbowl Inc., and the USFS reflect a perpetual disregard and
disrespect, as well as a gross violation of Indigenous peoples First Nations fundamental human rights
to live in accordance to their traditional and sovereign ways of life,” said Shannon Rivers, a Gila River
Native Community activist. “The Indigenous Nations who deem this sacred land and place a sacred
site will not sit idly by while Sacred San Francisco Peaks and our cultural and spiritual practices are
violated. All remedies, international as well as national must be used.”

“The international community and international law do not discriminate between religions; all are to
be respected equally under international law,” said Andrea Carmen of the International Indian Treaty
Council, an Indigenous Non-Governmental Organization with consultative status at the United Nations
and one of the petitioners. “For every skier enjoying the fake, sewage effluent snow, there is a Native
American who feels the desecration of this Sacred Place.”

The CERD Committee is expected to formally communicate the complaint to the United States and ask
for a response as to its position on the matter and make a decision soon thereafter.

 

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number of views: 3001

50 Take Streets of Flagstaff, Police Abduct One

 

On Friday, August 5th, more than 50 people marched through the streets of downtown Flagstaff to raise awareness of Arizona Snowbowl’s eco-cide and desecration of the Holy San Francisco Peaks. The march was part of a week of action to bring community members together to protect the Peaks.

On May 25th 2011, authorized by the the Obama Administration’s Department of Agriculture and US Forest Service, owners of Arizona Snowbowl began further destruction and desecration of the Holy San Francisco Peaks. Since then Snowbowl’s crew of a handful of workers has laid over 5 miles of the planned 14.8 mile wastewater pipeline. They have cut a six foot wide and eight foot deep gash into the Holy Mountain.  Snowbowl is currently in the process of clear-cutting more than 30,000 trees and burning slash-piles.

 

Before the march began Flagstaff Cops kicked protestors out of Hopi Square, demonstrators continued nearby flyering and engaging in a spontaneous community forum about the issue.

 

Carrying banners that read, “Stop Snowbowl Cultural Genocide” and chanting, “Community Health Over Corporate Wealth!” marchers walked and took the streets for more than two hours distributing flyers.

 

A member of Youth of the Peaks, an Indigenous youth organization, witnessed Flagstaff Police Department Officer Simpson badge #41 texting “dealing with mother f–kers.” A crowd erupted in protest as he was reprimanded by a superior officer. An “official” report of misconduct was later filed against him.

 

 

 

 

 

 

 

A 2-story banner reading, “Environmental Degradation, Cultural Genocide, Racism, Public Health Threat. Don’t Regret Today. Destroy Snowbowl,” was hung over the square where hundreds of people were gathered during Flagstaff’s monthly Art Walk.

 

At approximately 7:30PM, as the crowd of 50 marchers crossed Aspen St., a Flagstaff cop grabbed one person from behind and arrested him for “obstructing a public thoroughfare.”

 

“Native Rights, Human Rights, Public Health, and respect descend on the heiarchy of social perception; while big brother and businessmen exchange hand shakes, lady liberty smiles oil, uncle sam perpetuates environmental disorder, and effluent water delivers the slope of tears.” stated Ron Thompson, who was arrested and released less than 3 hours later. “I had no descrepancies being selected in the school of fish by the shark to represent the voice of the unheard. That voice is the civic duty of the free society and the fines of tyranny will always cost more than obstruction of public thoroughfare.”

 

 

 

 

Some protestors creatively contributed political

art to “Art Walk” by hanging signs that read, “I love eating poop snow.”

 

 

 

 

 

 

 

 

 

 

 

 

Messages such as, “Your Silence Doesn’t Stop the Truth” were also projected onto buildings along with images of Snowbowl’s recent clear-cutting of the Holy Mountain.

Indigenous youth also held a “Zombie March” with over two dozen young people dressed as Zombies symbolizing the public health threat sewage effluent snowmaking poses.

 

From August 4-9, 2011 events are planned in Flagstaff, Arizona to protest Snowbowl ski area and the Obama administration’s US Forest Service sanctioned desecration of the holy San Francisco Peaks.

 

 

 

 

 

 

 

Upcoming Events:
Sun. 7th – MARCH FOR THE PEAKS! – 12:30PM
Meet and start in Wheeler Park downtown Flagstaff, AZ. Bring banners and signs.

Mon. 8th – RALLY AT USFS OFFICE! – 12:30PM
At Coconino Forest Service Office – 1824 S. Thompson St. Flagstaff, AZ (Near AZ Daily Sun off of Old Rt. 66)  Come on your lunch hour.  Bring banners and signs.

Tues. 9th -PROTEST HIGH DESERT INVESTMENT & CITY HALL!
PROTEST HIGH DESERT INVESTMENT – 12:30PM
504 E Butler Avenue (across from New Frontiers)

PROTEST CITY HALL – 4:00PM
Meet at Flagstaff City Hall on Rt 66 side.  Bring banners and signs, drums and song.

BACKGROUND:

 

Although a current legal battle is under appeal, Snowbowl owners have chosen to undermine judicial process by rushing to construct the pipeline.

Encampments have been established on the holy Mountain in protest of the destruction and desecration.

All are welcome to camp and bear witness to Snowbowl’s desecration.

For more than a dozen years Indigenous Nations, environmental activists, and concerned community members have worked together to protect the holy site and surrounding area from further ecological destruction, public health threats, and spiritual desecration.

 

Arizona Snowbowl’s development plans include clear-cutting 74 acres of rare alpine habitat that is home to threatened species, making new runs and lifts, adding more parking lots and building a 14.8 mile buried pipeline to transport up to 180 million gallons (per season) of wastewater to make artificial snow on 205 acres. The Peaks are central to the ways of life of more than 13 Indigenous Nations.  The use of wastewater undermines internationally recognized rights of Indigenous people; rights that the Forest Service and administration is obliged to protect.

 

TAKE ACTION NOW!

Converge on the Mountain!
Join an established base camp or start your own.
More info: www.truesnow.org

 

Contact Flagstaff City Officials and urge them to RESPECT the environment, Indigenous culture, and protect public health by finding a way out of their contract to sell Snowbowl wastewater!
PHONE: (928) 779-7600
EMAIL: council@flagstaffaz.gov

 

Contact Arizona Department of Environmental Quality and express concern that there was no meaningful public process when the agency approved wastewater for snowmaking. File a complaint and demand full public review!

Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, Arizona 85007
(800) 234-5677 – Toll Free

 

Northern Regional Office
1801 West Route 66, Suite 117
Flagstaff, Arizona 86001
(877) 602-3675 – Toll Free

 

www.azdeq.gov/function/compliance/complaint.html

 

Contact the US Department of Agriculture (USDA), which heads the Forest Service, and urge them to revoke the Special Use Permit for Arizona Snowbowl for greater public interest.
The USDA has been holding hearings on protection of sacred places due to the Peaks controversy. Urge the USDA to immediately place an administrative hold on all development on the San Francisco Peaks!

 

CALL CRAIG JOHNSON USFS TRIBAL LIASON IN FLAGSTAFF, AZ AT: 928 525 6578.

 

Tom Vilsack
U.S. Department of Agriculture
1400 Independence Ave., S.W.
Washington, DC 20250

Phone: 202-720-3631

 

Email: TribalSacredSites@fs.fed.us

 

Send Letters to the Editor of your local papers.
Arizona Daily Sun: rwilson@azdailysun.com

 

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FLAGSTAFF, AZ — Owners of Arizona Snowbowl ski area have started clear-cutting rare alpine forest for new ski runs on the Holy San Francisco Peaks.
According to an Environmental Impact Statement more than 74 acres are slated to be cut.
Owners and operators of Arizona Snowbowl began partial development of a 14.8 mile pipeline last month.
If completed, the pipeline will transport up to 180 million gallons of treated sewage effluent from the City of Flagstaff to the ski area for snowmaking.

The treated sewage has been proven to contain contaminants such as pharmaceuticals and hormones. Currently this matter is subject of a lawsuit asserting that the Forest Service, who manages the Peaks as public lands, did not test or seriously consider impacts if humans ingest the fake snow.
Snowbowl started development in May even though the Ninth Circuit Court of Appeals has yet to make a decision on the current case.

Development of the pipeline was temporarily halted on June 16th when six individuals locked themselves inside the pipeline trench and to construction equipment.
After holding off construction for nearly 5 hours, the direct action ended with the arrests of those involved.

The San Francisco Peaks are held holy by more than 13 Indigenous Nations.

Former Navajo Nation President Joe Shirley Jr. made the point clear when the Forest Service initially approved the development in 2004, “When you build on [The Peaks], when you talk about putting wastewater on it, you are desecrating our life. You are chipping away at our way of life and committing genocide”

Please read the statement from the six protesters who literally placed themselves in the trenches: www.indigenousaction.org/statement-from-6-protesters-arrested-for-stopping-snowbowl-pipeline/

*Photo credits: survivalsolidarity.wordpress.com & Dawn Dyer

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For Immediate Release, June 20, 2011

Contact: Randy Serraglio, (520) 784-1504

1 Million Acres of Grand Canyon Watershed Protected From Uranium Mining

GRAND CANYON NATIONAL PARK— Interior Secretary Ken Salazar extended interim protections from uranium mining today for Grand Canyon’s 1-million-acre watershed through the end of 2011; the secretary also announced his support for a 20-year mineral withdrawal across the same area. Both protections ban new claims and block new mining on existing, unproven claims.

The announcement quells fears that a two-year mining prohibition issued by Salazar in July 2009 would expire, opening the door to new mining claims and resulting mine development. Public lands around Grand Canyon National Park have been ground zero for new uranium mining that threatens to industrialize iconic wildlands and permanently pollute aquifers feeding Grand Canyons springs and streams.

“The world would never forgive the permanent pollution of Grand Canyon’s precious aquifers and springs or the industrialization of its surrounding wildlands,” said Randy Serraglio of the Center for Biological Diversity. “The only sure way to prevent pollution of the Grand Canyon is to prevent uranium mining, and today’s action makes important progress toward that goal.”

Salazar today directed the Bureau of Land Management to designate the withdrawal of the full 1-million-acre watershed from new mining claims as its preferred alternative in its ongoing environmental analysis of the issue, scheduled to be released in the fall.

“This is good news for the Grand Canyon, but we are disappointed that Secretary Salazar continues to show such enthusiasm for the mining of existing claims,” said Serraglio. “We hope the ‘caution, wisdom and science’ cited by the secretary as being so important in managing this precious area will lead to strong decisions to protect it from further pollution by uranium mining.”

Uranium pollution already plagues the Grand Canyon region. Proposals for new mining have prompted protests, litigation and proposed legislation. Scientists, tribal and local governments, and businesses have voiced opposition to new mining operations. Dozens of new mines threaten to industrialize stunning and often sacred wildlands, destroy wildlife habitat and permanently pollute or deplete aquifers feeding Grand Canyon’s biologically rich springs.

The segregation and withdrawal would prohibit new mining claims and mining on claims without “valid existing rights” to mine. Several claims within the withdrawal area that predate the 2009 segregation order will be grandfathered in; those are still vulnerable to mining.

In 2009 the Bureau of Land Management allowed mining to resume at the Arizona 1 mine within the withdrawal area and immediately north of Grand Canyon without first updating 1980s-era environmental reviews. The Havasupai Tribe, the Kaibab Band of Paiute Indians, the Center, Sierra Club and Grand Canyon Trust challenged that mine’s reopening in federal court — one of four lawsuits brought by the Center relating to uranium mining in the region since 2008. That suit is ongoing.

“Grand Canyon and the surrounding areas are some of the most recognized and prized landscapes in the United States. Allowing further uranium mining would cause untold damage and leave future generations asking why we didn’t do more to stop it,” Serraglio said. “That’s why we’ll keep defending the Grand Canyon and working to reform the antiquated 1872 mining law so that federal agencies finally have clear authority to deny mining proposals that threaten irretrievable damage to our public lands.”

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Credits included in titles.
Photographs courtesy of Kyle Boggs of  The Noise & Beth Lavely

 

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Navajo Nation President ‘We’ve Got to Stop the Construction’

 

FLAGSTAFF, AZ — Local environmental justice organizations, Tribal representatives, and members of Flagstaff community held a media conference on Saturday, May 28 to address threats of Arizona Snowbowl’s ski expansion development and current construction of wastewater pipeline for snowmaking.

On Tuesday May 25th, Snowbowl began construction of a wastewater pipeline on the holy San Francisco Peaks, located in Northern Arizona.

Standing at the base of the Holy San Francisco Peaks, Navajo Nation President Ben Shelly stated, “We’ve got to stop the construction.” President Shelly affirmed his commitment to protecting the Peaks and urged for greater protection of all sacred sites, “We need to make a law… we need larger organizations to protect these mountains.”

Kelvin Long, director of ECHOES stated, “We’re going to protect our mountain, we’re not going to allow snowmaking to happen.”

Howard Shanker, attorney for the Save the Peaks Coalition and other plaintiffs stated, “Native American’s don’t have first amendment rights when it comes to federal land use decisions. For our federal government to be involved in the desecration of a sacred and holy site that is so important to so many people, for the economic benefit of so few is a tragedy. All people of conscience should be involved in this process, should be fighting this process and should step up and say wait a minute this isn’t right.”

“Snowbowl is proceeding at their own risk, when we prevail in court they’re going to have to take the pipes out of the ground.
The federal government is doing everything it can to make sure snowbowl has a consistent ski season even though they’re attempting to use reclaimed sewer water, which scientifically is not proven safe.” Shanker said.

The wastewater, which would be purchased through contract from the City of Flagstaff, has been proven by biologists to contain harmful contaminants such as pharmaceuticals and hormones. In their Environmental Impact Statement the Forest Service did not consider the impact of ingesting waste water in the form of artificial snow or from the storage pond by humans and animals.

This point is the basis of the Save the Peaks Coalition’s current lawsuit which is currently appealing a District Court decision in favor of Snowbowl’s proposed actions.

Thomas Walker, former Navajo Nation Tribal Council Delegate stated, “The Navajo Nation has historically been opposed to any kind of development on the San Francisco Peaks… this mountain is not to be desecrated.”

Steve Darden of the Navajo Nation Human Rights Commission and former Flagstaff City Council member sent a message to the youth, “In our Hogans and sweat lodges we are offering our prayers, were relying on you young ones to step up.”

Jihan Gearon of the Indigenous Environmental Network connected her organization’s work to stop the Tar Sands in Canada to Snowbowl’s wasetwater pipeline, “The Tar Sands are the largest industrial project ever in the entire world… pipelines break and pipelines spill, I can pretty much guarantee that they are never safe. Not only us, but everyone if Flagstaff needs to be made aware of. The construction happening on the mountain now is a wake-up call.”

Clayson Benally, a member of the Save the Peaks Coalition and plaintiff in the current suit against the Forest Service stated, “Our youth and our children will potentially be impacted by this snow. This is all for the profit of one business thats outside of city limits that doesn’t pay into the tax base of Flagstaff. They put economic profit over our health, over our own community’s health and well being, that goes too far.”

“This is a pre-emptive strike from Snowbowl… when we win in court what are they going to do?” stated Benally.

Earlier in the day 40 people, including Winifred Bessie Jumbo the current Miss Navajo, gathered in prayer on the San Francisco Peaks. Before and during the prayers, more than a half-dozen armed law enforcement agents from Coconino County Sheriffs and the Forest Service monitored the gathering and patrolled the area.

For more than a dozen years Indigenous Nations, environmental activists, and concerned community members have worked together to protect the holy site and surrounding area from further ecological destruction, public health threats, and spiritual desecration.

Arizona Snowbowl’s development plans include clear-cutting 74 acres of rare alpine habitat that is home to threatened species, making new runs and lifts, adding more parking lots and building a 14.8 mile buried pipeline to transport up to 180 million gallons (per season) of wastewater to make artificial snow on 205 acres.

The Peaks are central to the ways of life of more than 13 Indigenous Nations.

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Greetings,

As you may have heard the U.S. Forest Service has given Arizona Snowbowl permission to begin construction on the
Holy San Francisco Peaks. On Tuesday, May 24, Snowbowl workers started digging trenches and laying water pipes to
transport wastewater to make fake snow.

We are inviting you to join with others to come join us and pray.

Prayer Gathering at Snowbowl on the Holy San Francisco Peaks (meet at the parking lot).
We will gather at 8 a.m. on Saturday, May 28, 2011.

We are calling for our Traditional Elders, Healers, Medicine People, Elected leaders, people who are concerned and re-
spect the Indigenous culture and our environment to come together and pray for healing and protection for the Holy
Mountain. (Snowbowl is located 7 miles north off of Hwy 180, 7.3 miles from the Flagstaff City Hall )

If you cannot make it – We are also asking for people to take some time to pray that Saturday (MST time 9am) morning
from where ever they are in the world.

Again, we are looking forward to seeing you there and praying with you.

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Media Advisory
For Immediate Release:  May 26, 2011

Contact:  Wahleah Johns

wahleah@gmail.com

---

Indigenous, Community and Spiritual Leaders to Gather for Healing and Protection of Holy San Francisco Peaks

News Conference Planned to Address Pipeline Desecration

When:          Saturday May 28, 1:00 PM MST

Where:          Flagstaff, Arizona — Location to be announced, details will be given with RSVP

What:            A news conference will be held by environmental justice organizations, Tribal representatives, and members of Flagstaff community on Saturday, May 28 to address threats of Arizona Snowbowl’s ski expansion development and current construction of wastewater pipeline for snowmaking.

Who:         Tribal leaders, spiritual healers, ECHOES, Black Mesa Water Coalition, Indigenous Environmental Network, Taala Hooghan infoshop, Outta Your Backpack Media, and community members will be providing statements.

Background:   For more than a dozen years Indigenous Nations, environmental activists, and     concerned community members have worked together to protect the holy site and surrounding area from further ecological destruction, public health threats, and spiritual desecration.

Arizona Snowbowl’s development plans include clear-cutting 74 acres of rare alpine habitat that is home to threatened species, making new runs and lifts, adding more parking lots and building a 14.8 mile buried pipeline to transport up to 180 million gallons (per season) of wastewater to make artificial snow on 205 acres.This week Arizona Snowbowl has begun the construction of the wastewater pipeline on the holy San Francisco Peaks, located in Northern Arizona. The Peaks are central to the ways of life of more than 13 Indigenous Nations.

For further info and background please visit: www.truesnow.org, www.indigenousaction.org

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By Klee Benally – Indigenousaction.org

Flagstaff, AZ — Owners of Arizona Snowbowl ski area have begun moving pipeline and construction equipment to the base of the holy San Francisco Peaks, located in Northern Arizona. The Peaks are central to the ways of life of more than 13 Indigenous Nations.

Snowbowl owner Eric Borowski plans on starting the development today.

Although currently challenged by a legal appeal in the 9th Circuit Court, the US Department of Agriculture (USDA) has permitted the ski area to begin development.

The Coconino National Forest, headed by the USDA,  manages the Peaks as public lands. Snowbowl has operated under a special use permit since the 1980′s, which was initially challenged by Indigenous Nations and environmentalists all the way up to the Supreme Court.

According to the Forest Service, “Construction is anticipated to begin this month along a segment of Snowbowl Road. . . Snowbowl Road will remain open; however, delays and temporary closures will occur throughout the duration of construction, approximately five months.”
The Forest Service also stated that Snowbowl Road will be closed each day from 8 p.m. to 6 a.m.

For more than a dozen years Indigenous Nations, environmental activists, and concerned community members have worked together to protect the holy site and surrounding area from further ecological destruction, public health threats, and spiritual desecration.

Snowbowl’s development plans include clear-cutting 74 acres of rare alpine habitat that is home to threatened species, making new runs and lifts, adding more parking lots and building a 14.8 mile buried pipeline to transport up to 180 million gallons (per season) of wastewater to make artificial snow on 205 acres.

The wastewater, which would be purchased from the City of Flagstaff, has been proven by biologists to contain harmful contaminants such as pharmaceuticals and hormones. In their Environmental Impact Statement the Forest Service did not consider the impact of ingesting waste water in the form of artificial snow or from the storage pond by humans and animals.

This point is the basis of the Save the Peaks Coalition’s current lawsuit which is currently appealing a District Court decision in favor of Snowbowl’s proposed actions.

On April 1, 2011 the Ninth Circuit Court of Appeals denied an emergency motion by the Save the Peaks Coalition to stop Snowbowl ski area and the U.S. Department of Agriculture from cutting down approximately 30,000 trees.

In 2002, the Arizona Department of Environmental Quality, with no real public process, quietly decided to allow wastewater to be used for snowmaking purposes. Later that same year the Flagstaff Mayor and City Council signed a contract to allow the sale of sewage effluent for snowmaking on the holy mountain. The contract has since been renewed administratively, behind closed doors without any public input.

Snowbowl would be the only ski area in the world to use 100% wastewater for snowmaking purposes.

In 2010 Flagstaff City Manager Kevin Burke revealed a plan, secretly negotiated with the USDA, for use of Flagstaff’s drinking water instead of the sewage effluent. Snowbowl was offered 11 million tax payer’s dollars to subsidize the increased costs of using potable water. Stating that the US government believed drinking water snowmaking to be “less offensive” to Indigenous Nations, the plan was pushed without the consent of or any consultation with Indigenous Nations.

Facing overwhelming community and Tribal opposition, City of Flagstaff officials ultimately rejected the plan.

Following the failed attempt to use drinking water the USDA, while still aggressively battling the Save the Peaks Coalition in court, began listening sessions to hear Indigenous Peoples concerns on the protection of sacred places. Ironically, the sessions were initiated in part due to the Peaks controversy.
The USDA is expected to issue a report for policy changes sometime this year.

In response to threat of development, more than 150 people rallied outside of Flagstaff City Hall and held a march for protection of the holy San Francisco Peaks on April 16th.

 

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number of views: 3462

Web site: www.TrueSnow.org

NEWS RELEASE

Thursday, March 31, 2011

Court Denies Injunction to Halt Snowbowl Development

FLAGSTAFF, AZ — The Ninth Circuit Court of Appeals today denied an emergency motion to stop Snowbowl ski area and the U.S. Department of Agriculture from cutting down thousands of trees on the San Francisco Peaks, outside of Flagstaff, Arizona.

The Save the Peaks Coalition and other plaintiffs filed an appeal to the Ninth Circuit and sought an emergency injunction that would stop all tree cutting and construction in furtherance of snowmaking pending the outcome of the appeal.

Judge Murguia, at the District Court level, previously denied the Coalition any injunction pending appeal.

“The ski resort can start their destruction tomorrow and there isn’t a legal recourse that can be taken.” stated Jeneda Benally, a plaintiff in the case. “The legal system has failed to protect citizens and the delicate ecosystem of the San Francisco Peaks and instead compromised it’s ethics by protecting a single for profit business that has blatant disregard for our children’s health.”

According to Howard Shanker, the attorney for the Save the Peaks Coalition and other plaintiffs, “We are gravely disappointed in the decision not to grant an injunction but will vigorously pursue our appeal in any event.”  According to Shanker, “we remain hopeful that, at some point, the courts will properly apply the law to the facts of this case.”  Shanker previously represented a number of the Tribes and environmental organizations in the first round of litigation opposing snowmaking with reclaimed sewer water.

The Justice Department under the Obama Administration continues to vigorously fight to cut down trees and to spray reclaimed sewer water to make snow on the San Francisco Peaks while the Administration has held ‘listening sessions’ on sacred sites protection, including the San Francisco Peaks, across the country.

Snowbowl threatens to clear-cut approximately 28,994 trees from 76.3 acres for construction of water impoundments, buildings, and trails. They would also begin cutting down 167 trees along the 14.8 mile snowmaking transmission line and approximately 800 trees in approximately 47.4 acres within the Agassiz and sunset trail areas.

In 2006, the Snowbowl Ski area, which operates under a permit on federal land, was granted permission by the U.S. Forest Service, part of the Department of Agriculture, to make snow using 100% reclaimed sewer water.  Something that is not done anywhere else in the world.  The project would use sewer water treated to Arizona A+ standards – A+ water in Arizona is known to contain endocrine disruptors, which block or mimic normal hormone activity.  It also contains a host of personal care products and pharmaceuticals, including things like steroids, antibiotics, and caffeine, which are neither tested for, nor adequately removed from the water during the treatment process.

The San Francisco Peaks, including the area used by Snowbowl, are sacred to 13 of the Native American Tribes in the southwestern United States.

In 2006, the Navajo Nation, the Hopi Tribe, the Yavapai-Apache Nation, the White Mountain Apache Tribe, the Havasupai Tribe and the Hualapai Tribe filed suit to stop the project which, they asserted, amounted to federally approved and sanctioned desecration of one of the best documented Native American sacred sites on record.  The tribes were joined by a number of individuals and organizations, including the Sierra Club and the Center for Biological Diversity.  After a unanimous ruling by a three judge panel of the Ninth Circuit Court of Appeals in favor of the tribes and environmental groups, the Ninth Circuit, however, agreed to re-hear the case en banc – something they only do about one or two percent of the time.  In an eight to three decision, the en banc panel reversed the prior panel decision and allowed Snowbowl and the Forest Service to go forward with the planned desecration of the area.

Shortly thereafter, a group of concerned citizens from the Flagstaff area, including the Save the Peaks Coalition, filed suit under the National Environmental Protection Act (NEPA) challenging the Forest Service’s review of the impacts associated with the potential ingestion of snow made from reclaimed sewer water.  The prior three-judge panel of the Ninth Circuit unanimously found that the Forest Service failed to adequately consider such impacts.  The en banc panel, however, vacated that decision without addressing the merits of the claim.  On review of the issue in the current litigation, District Court Judge Mary Murguia found, contrary to the prior Ninth circuit ruling, that the Forest Service review was adequate and that the case should not be allowed to go forward.

Initial approvals for the controversial project were made under the administration of George W. Bush.  It was initially the Bush Justice Department and Department of Agriculture that vigorously fought to spray potentially unsafe reclaimed sewer water onto the sacred site.  The Obama Administration, which has made a public show of respecting tribal sovereignty and sacred sites, was however, quick to pick up the mantle. Judge Murguia was nominated by Obama to go to the Ninth Circuit.  Shortly after ruling against the Save the Peaks Coalition, her appointment was confirmed.

It appears that the prior three-judge panel consisted of Democratically appointed judges.  The en banc panel appears to have split in its eight to three decision largely on political party lines.  With the three dissenting judges having been appointed by Democratic Presidents.  In any event, the Administration continues to expend resources and time fighting to disrupt a unique and sensitive ecosystem, which also happens to be sacred land to Native Americans.  All to provide Snowbowl, a private, for profit company that operates on federal land, a consistent and reliable operating season.

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FOR IMMEDIATE RELEASE

DATE:            Wednesday December 1, 2010

NOTE TO EDITORS: For a background, legal documents, photos, updates, and further information please visit: www.TrueSnow.org . Interviews can be arranged.

District Court Rules For USFS in Save the Peaks Case

Plaintiffs will Appeal the Court’s Decision to the Ninth Circuit Court

FLAGSTAFF, AZ — The case known as The Save the Peaks Coalition, et al. v. U.S. Forest Service (USFS) was heard before Honorable Judge Mary H. Murguia and today a decision was made.

The Court ruled against the plaintiffs claims that the final FEIS prepared by the USFS ignores thorough consideration of a number of critical health issues. The plaintiffs contend that a new and thorough FEIS should be filed by the USFS. If this reveals that the use of reclaimed sewage water is a public health risk then snowmaking should not be permitted for the Arizona Snowbowl on the San Francisco Peaks.

Howard Shanker, representing the Save the Peaks Coalition and additional plaintiffs, will file an appeal to the Ninth Circuit Court. According to Shanker, “ the decision misstates the facts of this case and misapplies the law.  That’s why there is an appeal process.” Further, according to Shanker, “it is remarkable that the Obama Administration is complicitous in this effort to put treated sewer water on the San Francisco Peaks.  Not only is the site sacred to Native Americans in the Southwestern United States, the Forest Service has, at best, no idea what the long term health impacts will be on people who ingest this snow made from treated effluent.  Who figured the Snowbowl ski area was ‘too big to fail’”.

Judge Mary Murguia ruled that plaintiffs were barred from bringing this action by the doctrine of latches largely because of the “near completion of the project”.

“This is remarkable in light of the fact that there was a stipulation in place until yesterday barring any ground clearing activities in furtherance of snowmaking and no final approvals were provided by the government until recently – none of which have been implemented on the ground.  That is the project is not “near completion” but rather has not even begun.” stated Shanker.

Judge Murguia also ruled that the Forest Service adequately considered that people would ingest snow made from reclaimed sewer water in the EIS.  “Notwithstanding that the only other court to rule on this issue substantively was the three judge panel of the Ninth Circuit, which found that the Forest Service failed to comply with NEPA and the fact that the EIS does not contain a discussion of the impacts.” stated Shanker.

The suit asserts, among other things, that the FEIS ignores the possibility of human ingestion of snow made from treated sewage effluent. Snowbowl would be the only ski area in the world to use 100% wastewater to make snow. They would use 1.5 million gallons per day, storing and spraying this wastewater on a mountain that is holy to more than 13 Indigenous Nations.

“This case was filed because we insist that our children not be used as guinea pigs for the profit of a single private business operating on our public lands,” stated Jeneda Benally, a complainant in the lawsuit. “The Forest Service already has admitted that there was no consideration of the impacts if children consumed wastewater snow that they acknowledge contains untreated contaminants.”

Arizona Department of Environmental Quality regulations allow A+ class treated sewer water to contain fecal matter in three out of seven daily samples (R18-11-303 2a). Moreover, studies done by Dr. Catherine Propper, Professor of Biological Sciences at Northern Arizona University, on this same treated sewer water have concluded the waste water contains pharmaceuticals, hormones, endocrine disruptors, industrial pollutants such as pesticides and herbicides, and narcotics. David Norris, PhD, an integrative physiology professor at the University of Colorado at Boulder, found that pharmaceutical ethinylestradiol (an orally active semisynthetic steroidal estrogen) made it through the Boulder Wastewater Treatment Plant and into Boulder Creek. He reported that the percentage of native male fish in Boulder Creek decreased and that numerous intersex fish were found downstream of the wastewater treatment plant. He stated “the fish are a wake-up call; our bodies and those of the much more sensitive human fetus are being exposed everyday to a variety of chemicals that are capable of altering not only our development and physiology but that of future generations as well.”

In addition, according to biologist Dr. Paul Torrence, the treated sewage effluent may also contain antibiotics such as triclosan and triclocarban which break down into bio-accumulating cancerous dioxins when exposed to high altitude sunlight. Plaintiffs involved in this ongoing lawsuit have consistently insisted that the USFS take a hard look at what might happen to the people when they come in contact with or ingest snow made from treated sewage effluent. Under the National Environmental Policy Act, the USFS is obligated to consider these types of potential impacts on the quality of the human environment.

In 2007, a three-judge panel of the Ninth Circuit Court found that the USFS failed to adequately consider the possibility of human ingestion of snow made from treated sewage effluent. In Judge William Fletcher’s opinion, he concludes that “the FEIS does not contain a reasonably thorough discussion of the risks posed by possible human ingestion of artificial snow made from treated sewage effluent, and does not articulate why such discussion is unnecessary.” While the decision of the three-judge panel was later overturned on a technicality by an en banc panel of the Ninth Circuit, issues surrounding the completeness of the FEIS were left unresolved.

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IMPORTANT: We have a critical opportunity to stop Snowbowl’s attempt to desecrate the Holy San Francisco Peaks on August 30th. Please join us for a VERY IMPORTANT public meeting on August 30th at 5:30PM at Sinagua High School in Flagstaff, AZ. The Flagstaff City Council will be voting on whether or not they will amend Snowbowl’s contract to sell drinking water for snowmaking.

Sinagua High School is located at 3950 East Butler Avenue Flagstaff, AZ.

Visit www.truesnow.org for more info.

If you cannot make it to this meeting (even if you can) please TAKE ACTION NOW:

URGENT: CALL FLAGSTAFF CITY COUNCIL TODAY! (928) 779-7600

To contact members of the City Council:

To email all: council@flagstaffaz.gov

For more information about your Mayor and Councilmembers or to contact individually click on one of the names below:

Mayor Sara Presler                      spresler@flagstaffaz.gov
Vice Mayor Celia Barotz              cbarotz@flagstaffaz.gov
Councilmember Art Babbott        ababbott@flagstaffaz.gov
Councilmember Karla Brewster    kbrewster@flagstaffaz.gov
Councilmember Coral Evans        cevans@flagstaffaz.gov
Councilmember Scott Overton     soverton@flagstaffaz.gov
Councilmember Al White             awhite@flagstaffaz.gov

To make an appointment with the Mayor or a Councilmember call (928) 779-7600.

Send Letters to the Editor of the Arizona Daily Sun:

Randy Wilson

number of views: 5812