The suit arose in 2005 when attorney Howard Shanker filed suit against the U.S. Forest Service on behalf of a coalition of Navajos and environmental groups.
The coalition sought to stop the Arizona Snowbowl’s plan to use reclaimed wastewater to make artificial snow. They claimed the Forest Service didn’t adequately consider the health impacts of using treated wastewater on the peaks near Flagstaff.
The Arizona Republic says Shanker lost in U.S. District Court and in the 9th U.S. Circuit Court of Appeals. The U.S. Supreme Court didn’t take the case.
Shanker refiled the same case with new plaintiffs and was again defeated in court.