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Court clears way for ski resort use of snow made of treated
sewage water

The 9th Circuit Court of Appeals will allow a ski resort in Arizona to use treated
sewage to make snow on public lands. The plan had raised concerns from Native
and environmental groups in the state. FSRN’s Christina Aanestad has the details.

A 3-judge panel ruled against a lawsuit by environmentalists alleging the US Forest
Service failed to adequately assess the environmental and health impacts of using
treated sewer water to make snow. Treated sewage often contains pharmaceutical
byproducts that are known to have adverse impacts on amphibians. The judges
threw out the case, saying another lawsuit on the same grounds had already been
decided. Plaintiff’s Attorney Howard Shanker says it’s an outrageous, biased ruling.
“These plaintiffs are American citizens who are entitled to have their day in court.
They have no privy with any prior plaintiffs. They filed the suit within the statue of
limitations and they have a legitimate grievance.” The court said the suit was a
deliberate attempt to delay the ski resort’s plans. Shanker says the previous suit
upheld the environmental challenges, but was thrown out on a technicality. “So why
shouldn’t this issue be resolved on its merits? It makes no sense.” Shanker says
his clients can appeal the decision, but it’s unlikely they will see victory. Christina
Aanestad, FSRN.

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