Appeals court rehears San Francisco Peaks case

The U.S. Forest Service faced skeptical questions from a federal appeals court on Tuesday about the use of reclaimed sewage in the sacred San Francisco Peaks in Arizona.

Under the Bush administration, the agency approved the expansion of a ski resort in the Coconino National Forest. The Arizona Snowbowl wants to use reclaimed wastewater to make snow and attract more visitors.

The Navajo Nation, the Hopi Tribe and other tribes in the Southwest are fighting the Forest Service's decision. They say the treated sewage will desecrate the peaks, where they go to pray, hold ceremonies and gather medicinal plants and herbs.

Some judges on the 9th Circuit Court of Appeals appeared sympathetic to the tribes' views. Their questions essentially accepted as fact that the use of the reclaimed wastewater will harm the sanctity of the peaks.

The key issue, then, is whether the Forest Service's action violates the Religious Freedom Restoration Act. The law was designed to protect Native and other practitioners from government actions that infringe on their religious rights.

Click here to read the full article: http://www.indianz.com/News/2007/006305.asp