ARIZONA SNOWBOWL’S REPONSE TO THE NINTH
CIRCUIT COURT OF APPEALS DECISION TO REHEAR THE CASE
FLAGSTAFF, AZ – October 17, 2007
Arizona Snowbowl owners, employees and supporters are very happy
today as we found out the Ninth Circuit Court of Appeals has decided
to 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.
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