Monday, July 21, 2008

now this is to come as a surprise...?

Denial of snowmaking appealed … By Cyndy Cole … Flagstaff Sun Staff Reporter …Thursday, May 31, 2007 10:15 AM MST … EXERPTED
Arizona Snowbowl, the Department of Justice and the Forest Service will attempt to overturn a March court ruling denying a permit to make artificial snow on the San Francisco Peaks with reclaimed wastewater. The move marks the next step in a multi-year court battle between tribes and ski area owners in a dispute that could end up at the U.S. Supreme Court. The Department of Justice and Forest Service are filing an appeal today to ask the 9th U.S. Circuit Court of Appeals to reconsider its March ruling banning snowmaking largely on religious grounds.Arizona Snowbowl has also appealed this week. Both the Justice Department and Snowbowl's attorneys contend the ruling prohibiting snowmaking sets a dangerous precedent, giving almost any individual the power to set up serious roadblocks anytime the government grants a use of public land that they disagree with. Further, they argue, the ruling by a three-judge panel of the 9th U.S. Circuit is not in keeping with established legal precedent.The appeals refer to an older ruling on Snowbowl that said Native Americans' religious rights were not demonstrably harmed by the establishment of a commercial ski area, so long as individuals could go somewhere else on the San Francisco Peaks to practice their beliefs. The appeals panel, however, cited a more recent law, the Religious Freedom Restoration Act, as the controlling law in this case.The use of reclaimed wastewater for snowmaking has been approved by the Arizona Department of Environmental Quality.
Borowsky criticized the court after the March ruling and said there appeared to be a double standard for nonnative American individuals when it came to development in Arizona. While the Hualapai build a walkway over part of the Grand Canyon, he couldn't make snow on public land, he said. Borowsky isn't going ahead with upgrades because he can't, said Howard Shanker, an attorney for the plaintiffs."It's not up to Snowbowl. They need permission from the Forest Service," said Shanker, who announced his candidacy for Congress after winning the appeal before the three-judge 9th Circuit panel.

Denial of snowmaking appealed … By Cyndy Cole … Flagstaff Sun Staff Reporter …Thursday, May 31, 2007 10:15 AM MST … EXERPTED
Arizona Snowbowl, the Department of Justice and the Forest Service will attempt to overturn a March court ruling denying a permit to make artificial snow on the San Francisco Peaks with reclaimed wastewater. The move marks the next step in a multi-year court battle between tribes and ski area owners in a dispute that could end up at the U.S. Supreme Court. The Department of Justice and Forest Service are filing an appeal today to ask the 9th U.S. Circuit Court of Appeals to reconsider its March ruling banning snowmaking largely on religious grounds.Arizona Snowbowl has also appealed this week. Both the Justice Department and Snowbowl's attorneys contend the ruling prohibiting snowmaking sets a dangerous precedent, giving almost any individual the power to set up serious roadblocks anytime the government grants a use of public land that they disagree with. Further, they argue, the ruling by a three-judge panel of the 9th U.S. Circuit is not in keeping with established legal precedent.The appeals refer to an older ruling on Snowbowl that said Native Americans' religious rights were not demonstrably harmed by the establishment of a commercial ski area, so long as individuals could go somewhere else on the San Francisco Peaks to practice their beliefs. The appeals panel, however, cited a more recent law, the Religious Freedom Restoration Act, as the controlling law in this case.The use of reclaimed wastewater for snowmaking has been approved by the Arizona Department of Environmental Quality.
Borowsky criticized the court after the March ruling and said there appeared to be a double standard for nonnative American individuals when it came to development in Arizona. While the Hualapai build a walkway over part of the Grand Canyon, he couldn't make snow on public land, he said. Borowsky isn't going ahead with upgrades because he can't, said Howard Shanker, an attorney for the plaintiffs."It's not up to Snowbowl. They need permission from the Forest Service," said Shanker, who announced his candidacy for Congress after winning the appeal before the three-judge 9th Circuit panel.

now this is to come as a surprise . . . ?

Let’s see if I understand this topic in a reasonable manner…? The owner’s of the Snowbowl with the official “backing” of our US Forest Service, the Dept of Justice and ADEQ have banded together to attempt to overturn the 9th US Circuit’s decision NOT to allow contaminated sewage effluent to be used to make artificial snow on the Native American proclaimed sacred San Francisco Peaks outside of Flagstaff.

… “To the victors belongs the spoils” … attributed to Andrew Jackson. “We” came, “we” saw, “we” conquered all the indigenous peoples who inhabited the Americas before our arrival utilizing spectacularly horrific methods.

In the exercise of our hubris, “we” enslaved them on “reservations” that “we” fashioned, in areas of our Nation thought to be worthless and therefore suitable for them.

“We” restricted their ability “to do” for themselves, trusting that our “corporate” controlled Bureau of Indian Affairs would adjudicate their affairs in a manner so as to keep them enslaved. And for the most part, one must conclude the Bureau of Indian Affairs has performed this portion of its assignment very satisfactorily as seen from the “corporate” perspective. That these indigenous people would be as audacious as to wave one of our laws before our court – The Religious Freedom Restoration Act – to stop “corporate” America’s exercise of immediate bottom line greed and profit is a situation “we” can not allow.

Never mind this is precisely the approach utilized by the Wal-Mart’$ of the world and the “rich” automobile dealers use to extract concessions from your city government at your expen$e.

But, you’re aware of that, aren’t you…? Or is your head so firmly buried in an “ostrich” position you don’t even know whether it’s day or night…?

This article notes your ADEQ has approved the use of reclaimed contaminated sewage effluent as a source to make artificial snow on the San Francisco Peaks. This is the same ADEQ which gave permission to the owner’s of the Bella Terra project along the banks of the “unique” waters of Oak Creek permission to pollute this potable water source. So, frankly, I don’t put any stock into the public proclamation from ADEQ as their current mandate from your Governor and Legislature is to promote the “unsustainable” economic mantra of unrestricted growth.

Though the ADEQ mission statement is to essentially … “to serve and to protect the environment of Arizona” … one must ask, protect it for whom, as it damn sure is not for you or me…?

The “backer’s” of the Snowbowl’s decision to appeal the 9th Circuit Court’s decision against the use of contaminated sewage effluent to make artificial snow portends a formable list of heavy hitting “corporate” interest which our own former Governor and $ec. of Interior Bruce Babbitt.

Babbitt, it appears is on the Board of Directors of the Snowbowl corporation. I invite you to see the DVD entitled … The Snowbowl Effect … (subtitled) “when recreation and culture collide…. Who pays the price…? This DVD offers a perspective you won’t find published by corporate owned mass media sources. Moreover, the other two major “backers” the US Forest Service, has time and again shown its bias in favor of corporate controlled recreation. And as for the US Dept of Justice, please, you really want me to trust the word of Alberto Gonzales …?

The odds and the cards are unfairly aligned against the Native Americans in their fight to disallow the use of contaminated sewage effluent for making artificial snow. Today it is the indigenous peoples of the world against whom “we” discriminate all the while choosing to turn our head at the injustice “we” permit to occur in our name. When they attack YOUR sacred beliefs much like the Nazi’s did in WWll with the Jews, who will stand with you…?

Find the analogy too personally uncomfortable, good; show me where it is inappropriate…?

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