Update on Ongoing San Francisco Peaks and Arizona Snowbowl Litigation

Here are several documents recently released:

Hopi Settlement Agreement and Release

FOR IMMEDIATE RELEASE – Navajo Nation concerned over Hopi settlement agreement with the City of Flagstaff

2016 03 11 -Press Release re Settlement with Flagstaff FINAL COPY

News coverage: SETTLEMENT TABLED — Flagstaff Council tables Hopi snowmaking settlement

We posted materials on the underlying case here.


Arizona COA Holds Hopi Tribe May Proceed on Public Nuisance Claim against City of Flagstaff/Arizona Snowbowl

Here is the unpublished opinion:


An excerpt:

The superior court’s judgment dismissing the Tribe’s public nuisance claim is reversed. Although reversing, this decision does not address the merits of the public nuisance claim but, instead, addresses only the issues properly presented and decided on this appeal from the dismissal of the complaint pursuant to Arizona Rule of Civil Procedure 12(b)(6).

News coverage.

Update in Hopi Tribe Endangered Species Act Claim against Feds re: Arizona Snowbowl

Hopi has apparently moved to voluntarily dismiss this action. Here are some materials (but not all since it seems moot now):

Hopi Motion for PI

Federal Opposition

Hopi Response to Arizona Snowbowl Motion

Hopi Voluntary Dismissal Notice

Our first post on the complaint was here.

Hopi Tribe Sues USDA Forest Service under Endangered Species Act over Arizona Snowbowl

Here is the complaint in Hopi Tribe v. United States Dept. of Agriculture — Forest Service (D. D.C.):

Hopi Complaint

Arizona Snowbowl Treated Snowmaking System May Generate Antibiotic-Resistant Bacteria

From the NYTs here. An excerpt:

Now, apart from longstanding concern about harmful chemicals in the water that will be used to make that snow — piped directly from the sewage treatment system of the nearby town of Flagstaff — new research indicates that the wastewater system is a breeding ground for antibiotic-resistant genes.

The genes were not detectable in the plant itself but “increased dramatically” at the point of use, meaning that they were found in places like sprinkler heads, the study said. “This means bacteria is growing in the distribution pipes,” said Amy Pruden, the author and an associate professor of civil and environmental engineering at Virginia Tech.

The study has not been published or peer-reviewed, but Flagstaff officials are taking it seriously enough to have invited Dr. Pruden to serve on an advisory panel that the city formed last week.

Antibiotic-resistant genes are an area of emerging concern to scientists because they impede the body’s ability to fight disease.