Ninth Circuit bias in San Francisco Peaks case mirrored in Arizona media

By Brenda Norrell

Photos: Navajos and other Native Americans locked down to heavy equipment in 2011 to halt the desecration of sacred San Francisco Peaks. Photos Youths of the Peaks.

FLAGSTAFF, Ariz. -- AP and the Arizona Daily Sun continued their bias against Native Americans, and their cheerleading for the destructive corporation Arizona Snowbowl, in its coverage today of the Ninth Circuit Court decision denying protection of sacred San Francisco Peaks. The insulting court's wording was mirrored in the equally insulting AP and Arizona Daily Sun articles.

The Ninth Circuit Court ruled against Save the Peaks, comprised of Navajos and other Native Americans struggling to protect the sacred Peaks, from the plan of the Arizona Snowbowl to make snow for ski tourists with sewage water. The Peaks are sacred to 13 area Indian Nations, and a place where medicine people carry out ceremonies and gather healing plants.

The court's ruling revealed bias as it upheld the lower district court ruling, and used insulting language toward the Native Americans who filed the case to protect the sacred Peaks. The court decision is especially troubling since Native American youths have struggled repeatedly and with diligence to protect the sacred Peaks.

Save the Peaks attorney Howard Shanker said, "I believe that it is a sad day for the earth, the people, and our broken system of justice."

"I think the opinion is wrong on the merits and the panel's commentary reflects a gross misunderstanding of the nature of the case and the parties. There was no abuse of the judicial process," Shanker said today.

"Indeed, I would never engage in any activity that could contribute to any sort of abuse of the judicial process. There are laws, rules, and binding precedent that are in place to ensure that cases representing a gross abuse of the judicial process cannot be pursued to the merits. Properly so, none of those precautionary measures apply to the facts and history of this case.

"I also believe that the panel's pro-defendant bias was evident at the oral argument. With regard to the bigger picture, there is an evident flaw in our system of justice when, inter alia, one panel can rule unanimously that the NEPA process was inadequate as a matter of law, while the instant panel rules unanimously that the same NEPA process was adequate as a matter of law - based on the exact same facts and law. If there is any gross abuse of the judicial process, it is reflected in the inconsistency of the panel decisions.

"This case involves a non-destination ski area's attempt to use 100% reclaimed sewer water to make snow for recreational purposes. Something that is not done anywhere else in the world. The ski area will also post signs suggesting that people should not eat the snow because it is made from non-potable water. There are no federal treatment standards for reclaimed sewer water."

"The U.S. EPA has, however, recently confirmed that reclaimed water is a major source of the release of endocrine disrupting compounds into the environment - drugs that block or mimic normal hormone activity."

"We also know that there are a host of pharmaceuticals and personal care products (PPCPs) that do not get adequately treated out of this water. I find it disconcerting that the federal government, including the judiciary, appear to believe that the Snowbowl Ski area is "too big to fail", notwithstanding the potential for a long term public health threat and the significant fact that this ski area is located on federal land that is well documented as sacred to 13 of the tribes in the southwestern United States."

 "I have not yet had an opportunity to discuss the prospect of seeking review of the decision with my clients," Shanker said.

Arizona supporters urged skiers worldwide to join in a global boycott of the Arizona Snowbowl, and send a message to the ski resort that skiers will boycott the resort because of the flagrant disrespect to Native American  ceremonies and the sacred land of this land's First Peoples.

Read court order of Ninth Circuit: http://www.bsnorrell.blogspot.com/2012/02/ninth-circuit-rules-against-save-peaks.html