National Environmental Policy Act

Federal Court Dismisses Portion of Challenge to Highway Expansion in Sacred Sites Case

Matthew L.M. Fletcher

Here is the opinion from the District of Oregon — Slokish v US Federal Highway Administration

An excerpt:

This case involves the U.S. Highway 26 Wildwood-Wemme highway widening project (“Wildwood-Wemme project” or “the project”) near Mt. Hood, Oregon, which was substantially completed in 2008. Plaintiffs consist of individuals and organizations who seek to preserve, protect, and rehabilitate Native American sacred and cultural sites and historical and archaeological resources in the lands surrounding Mount Hood. They allege that defendants United States Federal Highway Administration (“FHWA”), United States Bureau of Land Management (“BLM”), Advisory Council on Historic Preservation (“ACHP”), and Matthew Garrett, the Director of the Oregon Department of Transportation (“ODOT”), violated the National Historic Preservation Act (“NHPA”), 16 USC §§ 470-470x-6, National Environmental Policy Act (“NEPA”), 42 USC §§ 4321-4347, § 4(f) of the Department of Transportation Act (“DTA”), 49 USC § 303, the public trust doctrine, the due process clause, and also committed a breach of fiduciary duty.

New Suit Filed in Arizona Snowbowl Dispute

Matthew L.M. Fletcher2 Comments

Here is the complaint in Save the Peaks Coalition v. USFS (D. Ariz.) — Save the Peaks Coalition Complaint

And the motion for a TRO — Motion_for_TRO

From the press_release:

According to Arizona Department of Environmental Quality regulations, treated sewer water can be
graded A+ even when it contains fecal matter in three out of every ten samples. This same effluent has
been found to contain pharmaceuticals, hormones, endocrine disruptors, industrial pollutants, and
narcotics. It may also contain bio-accumulating antibiotics, such as triclosan and triclocarban, and
pathogens, such as e. coli, hepatitis, and norovirus. The human and environmental health risks, which
have been largely ignored by the media, have their roots as far back as 2001 in the scoping comments
made to the Forest Service about Arizona Snowbowl’s proposed expansion and upgrade. Plaintiffs
involved in this lawsuit have consistently insisted that the Forest Service take a hard look at what might
happen to the people, land, plants, and wildlife when they come in contact with or eat snow made from
treated sewage effluent.

According to Arizona Department of Environmental Quality regulations, treated sewer water can be graded A+ even when it contains fecal matter in three out of every ten samples. This same effluent has been found to contain pharmaceuticals, hormones, endocrine disruptors, industrial pollutants, and narcotics. It may also contain bio-accumulating antibiotics, such as triclosan and triclocarban, and pathogens, such as e. coli, hepatitis, and norovirus. The human and environmental health risks, which have been largely ignored by the media, have their roots as far back as 2001 in the scoping comments made to the Forest Service about Arizona Snowbowl’s proposed expansion and upgrade. Plaintiffs involved in this lawsuit have consistently insisted that the Forest Service take a hard look at what might happen to the people, land, plants, and wildlife when they come in contact with or eat snow made from treated sewage effluent.

Thanks to Fred for these materials.