Hopi Tribe Vs Snowbowl Case Study

Hopi Tribe v Snowbowl Resort LTD.
Issue: The issue is whether the tribe has sufficient standing to bring a common law public nuisance claim against the defendants.
Rule: The use of reclaimed wastewater causes tribal members a special injury, different in kind from that suffered by the general public by interfering with places of special cultural and religious significance.
Discussion:
Gravity of the harm:
The tribe argues that Snowball’s approved upgrades violate the Free Exercise of Religion clause of the First Amendment, by seriously impairing their ability to pray and conduct religious ceremonies on the peaks, as well as impairing their ability to gather sacred objects necessary to their religious practices. Snowbowl argues that although

The land is considered sacred, equivalent to land that has been consecrated for religious or funeral purposes in the community at large. In Beatty v. Kurtz, 27 U.S. 566, 580 (1829), the Supreme Court ruled that preserving the character of a cemetery would avoid “irreparable injury” to a congregation. Similarly, the Hopi Tribe places religious and cultural significance to their traditional lands, and interference with their traditional use would cause special injury even if on public land, particularly where the public at large does not share the religious and cultural interest in the area. The City argues that traditional and religious uses are no different in kind to the recreational uses by the public (Oppen v. Aetna Insurance, 485 F.2d 252 (9th Cir. 1973), and In re Exxon Valdez, 104 F.3d, 1196 (9th Cir. 1997)). However, the conduct of the defendant in the present case was not intentional in the sense that the defendant knew that the practice of using wastewater would create spiritual disquiet in the tribal members. Once the use of wastewater to maintain the ski runs open interferes with the tribe’s use and enjoyment of the land, the use of wastewater becomes

The ability to maintain religious and cultural ceremonies is of vital importance to all tribes, particularly when historically these traditions have been attacked by the dominant culture. Indian schools, prohibitions to speak the native language, and forced relocations have all imperiled the continuation of tribal uses and customs. By further encroaching the tribes upon their sacred lands, it is important to maintain and teach the traditional way of life to preserve their culture. Because the land is ancestral territory, the tribe should enjoy priority in its use. On the other hand, Snowbowl may argue that the public has a right to enjoy recreational activities in areas designated for public use. Skiing is a popular pastime in the region and brings an economic benefit to the area in the form of tourism.
• Suitability of use invaded to the locality
The tribe may rightfully argue that the land is part of their ancestral territory; their ancestors are buried there, and their gods reside in the area. There is no suitable substitute for their land, as they cannot use Navajo or Yavapai, or any other tribal land nearby for their traditional purposes as the land is not interchangeable. The ski resort can argue that the Peaks are the ideal location for a ski run and no other location in