The 9th Circuit Court of Appeals will allow a ski resort in Arizona to use treated sewage to make snow on public lands. The plan had raised concerns from Native and environmental groups in the state. FSRN’s Christina Aanestad has the details.
A 3-judge panel ruled against a lawsuit by environmentalists alleging the US Forest Service failed to adequately assess the environmental and health impacts of using treated sewer water to make snow. Treated sewage often contains pharmaceutical byproducts that are known to have adverse impacts on amphibians.
The judges
threw out the case, saying another lawsuit on the same grounds had already been decided. Plaintiff’s Attorney Howard Shanker says it’s an outrageous, biased ruling. These plaintiffs are American citizens who are entitled to have their day in court. They have no privy with any prior plaintiffs.
They filed the suit within the statue of limitations and they have a legitimate grievance.” The court said the suit was a deliberate attempt to delay the ski resort’s plans. Shanker says the previous suit upheld the environmental challenges, but was thrown out on a technicality.
“So why shouldn’t this issue be resolved on its merits? It makes no sense.” Shanker says his clients can appeal the decision, but it’s unlikely they will see victory. Christina Aanestad, FSRN.