The Associated Press
Tucson, Arizona | Published: 01.06.2009
American Indian tribes are asking the U.S. Supreme Court to review a lower court's decision that allows for snow-making on an Arizona peak the tribes consider sacred. In their petition filed Monday, the tribes contend the use of treated wastewater to make snow at Arizona Snowbowl violates the Religious Freedom Restoration Act and could contaminate natural resources.
The 9th U.S. Circuit Court of Appeals in San Francisco cleared the way for the snow-making last August after a years-long battle. The court also granted a request to delay any construction at the ski resort northwest of Flagstaff until the high court decides whether it will hear the tribes' appeal.
The Supreme Court takes only about 1 percent of the cases it receives.
The ski resort had planned to add a fifth chair lift, spray man-made snow and clear about 100 acres of forest to extend its ski season, which Snowbowl officials have said would be more predictable with snow-making.
