JUDICIAL DEVELOPMENTS

October 2009

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U.S. Supreme Court Denies Certiorari, Allows Ninth Circuit Opinion to Stand Upholding First-Ever Exclusive Use of Wastewater for Snowmaking
Navajo Nation v. U.S. Forest Service, cert. denied

The U.S. Supreme Court declined to consider the question of whether purified wastewater could be used for snowmaking on mountain areas considered sacred by Native Americans. In denying the petition, submitted by a coalition of Native American tribes and environmental groups, the Court brought an end to the latest legal battle involving Arizona’s Snowbowl ski area located on the San Francisco Peaks near the City of Flagstaff. With legal challenges presumably behind it, Snowbowl will soon be able to move forward with long-anticipated expansion projects, including a unique approach for increasing its snowmaking capacity.