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October 20, 2007

AZ Snowbowl Snowmaking Update

Arizona Snowbowl reports that the 9th Circuit will rehear the case:

The ruling states, “Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.”

We interpret this to mean that a majority of judges agreed that there is a problem with the decision reached in March and a review is in order. The Arizona Snowbowl snowmaking plan had been previously approved through a comprehensive EIS process, the Record of Decision issued by the Coconino National Forest Supervisor, the Affirmation of the Record of Decision by the Regional Forester, and the U.S. Federal District Court ruling.

Snowbowl has always believed that recreation has a place on public lands and the Arizona Snowbowl, which celebrates its 70th Anniversary this season, is an excellent example of multiple-use for the benefit of everyone. “We are content to utilize the 1% of the Peaks allocated to Snowbowl and anxiously await the day we can provide more consistent winter recreation”, states J.R. Murray, Snowbowl’s General Manager.

This is a solid opportunity to have the 9th Circuit fix this horrible original ruling before an appeal to the SCOTUS. An appeal that will almost certainly reverse the original 9th Circuit ruling.

Posted by Justin at October 20, 2007 01:37 PM