Court History

Land disputes in the past between Native Americans and outsiders usually ended in favor of the outsiders, while the government gave little to no help at all. The dispute between the Hopi and Navajo Indians and the Snowbowl Ski Resort and the White Vulcan pumice mine is turning out differently. There have been several court cases in which the government has sided with the Native Americans.

Prior to the issue, there were a series of decisions that prohibited destroying historical and religious sites, many of them pertaining to protecting the environment (Save the Peaks). These would lead up to the most important acts related to the Peaks. The first of these, the American Indian Religious Freedom Act of 1978, mainly allowed Natives the freedom of religion and protection for the sacred sites that had been infringed upon previously by circumstances, outsiders, and laws; however there was no enforcement power to this act (Friends Committee 5). Also in 1978, the Hopi and Navajo started protesting development on their sacred lands (Save the Peaks).

Even after this, the Snowbowl Ski Resort still wanted to expand, so they did as much as they could that was approved (San Francisco Peaks, Arizona 1). A major case in 1983 was that of Wilson v. Block. In this case, the Hopi and Navajo argued that the expansion of the Snowbowl would “have a serious and adverse impact upon their tribes’ cultures and social organization…The destruction of these practices will also destroy our present way of life and culture” (Save the Peaks).

As years passed, the government seemed to take these arguments to heart. In 1990, the Native American Graves Protection and Repatriation Act (NAGPRA) was passed. This was important because it declared the sacredness of Indian objects and made provisions to rebury and return artifacts and remains to the tribes (National NAGPRA FAQ). This, along with the Native American Free Exercise of Religion Act of 1993, gave hope to the Natives, but problems with the Religion Act proved to be a setback in regards to peyote use (Save the Peaks). However, in 1996, Executive Order 13007 made every federal agency reevaluate their policies regarding Native sacred sites, and to make access greater while not destroying the integrity or privacy of these places (Save the Peaks).

In 1997, the Snowbowl Ski Resort proposed another extension which met with great conflict, as did the proposal from the White Vulcan pumice mine to expand in 1998. The mine agreed to close. It has also been suggested to designate the peaks as a Traditional Culture Property. This would make mining permanently forbidden (San Francisco Peaks, Arizona 2). In 2002, sacred land protection legislation was introduced at the federal level (Save the Peaks). While these seemed to be going in the right direction, in 2004 the Forest Service issued a statement that supported Snowbowl’s plan to expand and make snow from treated waste. This is obviously a threat to everything that has been done, and many organizations, including Save the Peaks, were formed to protests these plans (Save the Peaks).

The latest news came on March 12, 2007. The 9th Circuit Court unanimously ruled that the sewage and expansion of the Snowbowl would “harm the religious beliefs and practices of the Navajo Nation, the Hopi Tribe, and others throughout the Southwest.” They listened to testimonies of elders from the tribes and took their accounts of Snowbowl poisoning their homeland seriously (indianz.com). This is a huge victory for the Native Americans! The story has gained national attention due to the publicity generated by organizations as famous as Save the Peaks. By being covered in Native American newspapers across the country, the story is being spread rapidly. As environmental issues grow in importance, this story and others like it will gain more attention than they ever have before.