On Aug. 2011, the Hopi Tribe filed a complaint in Arizona state court challenging the City of Flagstaff’s plan to allow reclaimed wastewater to be used for snowmaking on the San Francisco Peaks. The Hopi Tribe alleged that using reclaimed wastewater for snowmaking violates Arizona law and will result in a public nuisance.
On Dec.23, 2011, the State court ruled that the Tribe’s case was barred from proceeding by a prior case filed in federal court against the United States Forest Service (“USFS”). Although the State court determined that the Hopi Tribe had shown that the use of reclaimed wastewater for snowmaking posed a potential harm to human health and the environment, the State court believed that it was bound by the decision in the Navajo Nation v. USFS case, and the Court dismissed the Hopi Tribe’s claims on procedural grounds.
The Hopi Tribe disagrees with the State court and continues to seek judicial review of the City’s illegal wastewater plans and the expected risks to human health and the environment. The Tribe also maintains that its claims for public nuisance are not addressed by the USFS’s prior actions and cannot be barred by the Navajo case. For these reasons, the Hopi Tribal Council voted to appeal the State court’s decision. “The Hopi Tribe continues to seek a full examination of the City of Flagstaff’s wastewater plans, on the merits, in order to address violations of Arizona law, and the risks to human health and the environment resulting from the use of reclaimed wastewater for snowmaking on the San Francisco Peaks” said Robert J. Lyttle, Hopi Tribe General Counsel, who represents the Hopi Tribe on this matter.
Nuvatukyaovi (the Hopi word describing the San Francisco Peaks) holds a central and essential role in Hopi culture, traditions and way of life. The Hopi Tribe will continue its efforts to protect Nuvatukyaovi and its surrounding environment. The Hopi Tribe will continue to tirelessly oppose the further desecration of Nuvatukyaovi and will continue to take appropriate actions to advocate for the preservation and protection of Nuvatukyaovi. For these reasons, the Hopi Tribal Council has authorized an appeal of the State court’s decision in pursuit of a full and complete consideration by a Court of the City’s plan to allow reclaimed wastewater to be used for snowmaking, and the expected violations of Arizona law and resulting public nuisance.