January, 11th 2006 Pictures from the News Conference - Photos by Clayson Benally ATTN Newsroom January 12, 2006 For Immediate Release Flagstaff, AZ - Yesterday afternoon U.S. District Court Judge Paul Rosenblatt issued his decision on the lawsuits filed against the U.S. Forest Service and Arizona Snowbowl in their attempt to allow the wastewater Snowmaking and expansion plan on the Sacred San Francisco Peaks. Members of the Save the Peaks Coalition, Tribal leaders, environmental advocates, and concerned members of the community gathered at the foothills of the sacred mountain to voice their concerns and announce appeals to the decision at a news conference. Jamie Fullmer, the Tribal Chairman of The Yavapai-Apache Nation and Vincent Randall a Tribal Council Historian released a joint statement expressing their disappointment to this “dangerous precedent”. “Recent history has shown the federal courts are not supportive of Native American sensibilities and traditions when it comes to issues concerning the landscape and spiritual health of our People. This decision to move ahead with fake snow may see some short term success, but the long term consequences and repercussions could over time haunt all of us, regardless of which culture you claim as your own.” “This is a devastating tragedy for all those who value environmental health, culture and religious freedom.” said Klee Benally, Navajo of the Save the Peaks Coalition, “This is a miscarriage of justice. This is a defeat for those who have faith that the justice system is unbiased and indiscriminate, and all of us, native or not, will pay the price.” “The District Court’s decision to allow Snowbowl expansion and snowmaking with wastewater is yet another link in an ever-growing chain that shackles the environment and the people who value it.” Said Carly Long of the Flagstaff Activist Network, a litigant in the case. “There is still an opportunity for justice to be served at the 9th Circuit level in San Francisco and we will appeal the District Court’s ruling in this case.” Carly Long said, “We will persist in our endeavor to ensure that the spiritual integrity of all people whom hold this mountain sacred is upheld and unbroken.” "This is not the end, we have to continue to go forward in a peaceful way, until we let the mountain know that we’re not going to give up." Said Bucky Preston, a Hopi litigant, in a written statement. ECHOES along with the Save The Peaks Coalition are organizing a campaign to stop the City of Flagstaff’s wastewater sale to the Arizona Snowbowl. Howard Shanker also stated, “No other ski area in the Country, or even the world that we are aware of, uses 100% treated waste sewage to make snow. Posting signs throughout the ski area saying "don't eat the snow" is not an adequate safeguard to protect against the known and unknown risks of exposure to the types of chemicals that persist in this effluent. The potential impacts on children especially, many of whom may be too young to read the signs, have not been adequately assessed by the government. This is an experiment that cannot be justified.” “Regrettably, there is often a rift between what is legal and what is right. We will pursue all legal means to stop this project. It is our hope, however, that all people of conscience will contact their political representatives to encourage them to do what is right.” Shanker also stated. “Snowbowl is not a destination ski area. People do not travel from across the Country and around the world to ski at Snowbowl. Indeed, many of the press reports on this issue have overstated the economic contribution that Snowbowl makes to the Flagstaff economy -- which is marginal. People do, however, travel from around the world to the Flagstaff region to experience the ways of, especially the Navajo and Hopi Tribes. Other than to preserve the economic viability of a private entity, there is no adequate justification for this project.” “As this nation prepares to celebrate the legacy of Dr. Martin Luther King Jr. and the struggle for Civil rights, how can we as native people celebrate when our civil rights, our human rights are being profaned, are being violated?” Said Jeneda Benally, member of the Save the Peaks Coalition, “The Civil rights movement went to court fighting for their rights and had many wins and losses. This ruling shows that in this day and age there is still injustice in the legal system. We will continue with our prayers, we will continue to oppose the ongoing attempts to violate human rights. The sacred mountain supports life, so we are strong, and we will continue to defend the sacred San Francisco Peaks. In closing, we leave you with the words of Dr. King, ‘Injustice anywhere is a threat to justice everywhere.’” www.savethepeaks.org ### Statement by Attorney Howard Shanker I spoke with President Shirley today. He has confirmed that the Navajo Nation will do whatever it takes to try to stop the use of reclaimed sewer water to make artificial snow on the sacred San Francisco Peaks. This decision further eviscerates the rights of Native Americans to protect sacred lands that are essential to their belief systems. This is a direct affront to traditional Native beliefs and one more nail in the coffin of all the Tribes' throughout the Country ability to survive in tact. The federal government tends to view Native religions and traditional practitioners with historic and archeological interest. The fact is, however, that traditional beliefs play an extremely important role in the daily lives of many tribal members. These beliefs and traditions cannot be "preserved" or put in a museum, they must be respected and honored. It is a tragedy that the government and the courts do not seem to understand this. Or perhaps they simply disregard this fact because, after all, respecting Native beliefs can be inconvenient for the government when it comes to government land use decisions. It is well established that the San Francisco Peaks are among the most sacred of sites to over 13 tribes in the southwestern United States. Practitioners and political leaders from the Navajo Nation, the Yavapai-Apache Tribe, the Hopi Tribe, the Hualapai Tribe, the Havasupai Tribe, and the White Mountain Apache Tribe all came forward to testify as to the sacredness of the Peaks, a fact that was already well known to the Forest Service before they approved the use of reclaimed waste sewage water to make snow. They all hoped that justice would be accomplished. It was not in this case. Here, the federal government felt, and the court affirmed, that the economic viability of the Arizona Snowbowl Resorts Limited Partnership was more of a priority than the beliefs of hundreds of thousands Native Americans. This decision will be appealed. As a practical matter, no other ski area in the Country, or even the world that we are aware of, uses 100% treated waste sewage to make snow. Posting signs throughout the ski area saying "don't eat the snow" is not an adequate safeguard to protect against the known and unknown risks of exposure to the types of chemicals that persist in this effluent. The potential impacts on children especially, many of whom may be too young to read the signs, have not been adequately assessed by the government. This is an experiment that cannot be justified. Finally, Snowbowl is not a destination ski area. People do not travel from across the Country and around the world to ski at Snowbowl. Indeed, many of the press reports on this issue have overstated the economic contribution that Snowbowl makes to the Flagstaff economy -- which is marginal. People do, however, travel from around the world to the Flagstaff region to experience the ways of, especially the Navajo and Hopi Tribes. Other than to preserve the economic viability of a private entity, there is no adequate justification for this project. It is also interesting to note that the use of wastewater on the mountain could not go forward without the support of the Flagstaff City Council -- who have contracted with Snowbowl to supply the waste effluent. There are many more issues that will likely form the basis of our appeal. Regrettably, there is often a rift between what is legal and what is right. We will pursue all legal means to stop this project. It is our hope, however, that all people of conscience will contact their political representatives to encourage them to do what is right. NAVAJO NATION COUNCIL STATEMENT FOR IMMEDIATE RELEASE
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