Congratulations: The San Francisco Peaks Victory

That morning the eclectic group learned that the Ninth Circuit Court of Appeals had, in the words of activist Roxane George, "ruled for the tribes, the Sierra Club, the Center for Biological Diversity and, of course, the San Francisco Peaks."

In its opinion, the court stated: "We reverse the decision of the district court, in part. We hold that the US Forest Service's (USFS) approval of the Snowbowl's use of recycled sewage effluent to make artificial snow on the San Francisco Peaks violates the Religious Freedom Restoration Act (RFRA)..."

"If appellants do not have a valid RFRA claim in this case, we are unable to see how any Native American plaintiff can ever have a successful RFRA claim based on beliefs and practices tied to land that they hold sacred."

The tribes' legal representative, Howard Shanker, believes that this is the first time the RFRA has been successful in blocking a government action. Speaking in Flagstaff 's Heritage Square, Robert Tohe (Dine) said it was more than possible that this decision will set a precedent for the protection of other sacred lands.

The Dine know the sacred peaks as Doko'o-sliid. The Hopi know them as Nuvatukvya'ovi. The Havasupai regard the peaks as one of their most sacred places.

The effort to preserve the San Francisco Peaks has gone on for decades. Native American and other peoples have used witness, song, direct action, education and legal means since 1979, when the USFS approved Northland Recreation's master plan to develop the area.

Save the Peaks spokeswoman Jeneda Benally sums up: "This is just one victory in a long battle. We under stand that there is still a long way to go until we have complete protection of the sacred San Francisco Peaks and the healing of these communities. There are so many sacred sites that still urgently need protection from business interests. We celebrate today as a victory, but we will continue to pray for the healing of this community, and we will continue in our struggle to protect sacred sites."