United States Ninth Circuit
The Save the Peaks Coalition v. US Forest Service, 10-17896
In a suit alleging that the United States Forest Service (USFS) violated the National Environmental Protection Act by permitting a ski resort operator to produce artificial snow using reclaimed water, the district court's grant of the defendants' motions for summary judgment is affirmed, where: 1) laches did not apply because the defendants could not demonstrate that they suffered prejudice; but 2) the USFS took the requisite "hard look" at the possibility and the risks of persons ingesting snow made from reclaimed water; and 3) USFS did not fail to ensure the scientific integrity of its analysis in considering the Arizona Department of Environmental Quality's conclusions as to the safety of the reclaimed water.
Appellate Information
- Decided 02/09/2012
- Published 02/09/2012
Judges
- M. Smith
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Howard M. Shanker, Lane N. McFadden