ELR Citation: ELR 20208
No(s). s. 06-15371 et al (9th Cir. Aug 8, 2008)

The Ninth Circuit held that the government-approved use of artificial snow on a portion of a public mountain sacred to Native Americans does not violate the Religious Freedom Restoration Act of 1993 (RFRA). At the heart of the tribes' claim is the planned use of recycled wastewater, which contains 0.0001% human waste, to make artificial snow. The tribes claim the use of such snow on a sacred mountain desecrates the entire mountain, deprecates their religious ceremonies, and injures their religious sensibilities. But the presence of recycled wastewater on the mountain does not coerce them to act contrary to their religious beliefs under the threat of sanctions, nor does it condition a governmental benefit upon conduct that would violate their religious beliefs, as required to establish a "substantial burden" on religious exercise under the RFRA. Nor does the government's approval violate the National Environmental Policy Act or the National Historic Preservation Act.

[A prior decision in this litigation can be found at 37 ELR 20062.]