Home -> Law Blog Directory -> Litigation Blogs -> How Appealing

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Litigation

: How Appealing

"Ninth Court sides with Snowbowl in San Francisco Peaks dispute"

ADVERTISEMENTS

"Ninth Court sides with Snowbowl in San Francisco Peaks dispute": Howard Fischer of The Arizona Daily Star has a news update that begins, "The operators of Snowbowl are entitled to use recycled sewage to make snow on the San Francisco Peaks despite objections of several Native American tribes, the 9th U.S. Circuit Court of Appeals ruled Friday. In a split decision, the court acknowledged arguments by the tribes that the use of artificial snow will decrease the 'spiritual fulfillment' they get from practicing their religion on the mountain. And the land on which the ski resort is located is owned by the federal government. But Judge Carlos Bea, writing for the majority, said that does not run afoul of the federal Religious Freedom Restoration Act."

The Arizona Republic has a news update headlined "Snowmaking OK'd at Snowbowl resort."

And The Associated Press reports that "Appeals court says snowmaking OK on Ariz. Snowbowl."

You can access today's lengthy en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Eight judges joined in the majority opinion, while three joined in a dissent.

Circuit Judge William A. Fletcher's dissenting opinion concludes, "RFRA was passed to protect the exercise of all religions, including the religions of American Indians. If Indians' landbased exercise of religion is not protected by RFRA in this case, I cannot imagine a case in which it will be. I am truly sorry that the majority has effectively read American Indians out of RFRA."

Full post as published by How Appealing on August 08, 2008 (boomark / email).