|Posted by nationalforestlawblog on July 21, 2010 at 9:09 PM|
Lawyers for the resort and environmental and tribal groups who oppose the use of artificial snow at the Flagstaff ski resort were back in court on the plaintiffs' request for an emergency injunction. According to the Arizona Republic district judge Mary Murgia refused to enter an injunction to stop the snowmaking (which won't take place until at least November 2011). And contrary to the plaintiff's misrepresentations about the water it is not sewage and is, in fact, drinkable. The judge encouraged the parties to try and reach a settlement on the issue of when development can take place.
As you may recall this is the 2nd lawsuit filed by the tribes and environmental groups. They lost the first time after the 9th Circuit and U.S. Supreme Court rejected their 1st lawsuit. This new lawsuit is clearly a frivolous attempt to stop the use of artificial snow by a group of sore loser plaintiffs. They failed to exhaust their administrative remedies and are merely try to craft new arguments in the new lawsuit that they could have, but failed to do the first time.