Friday, August 22, 2008

The Navajo Nation Decision The U.S .Court of Appeals for the Ninth Circuit recently issued an en banc opinion in Navajo Nation v. United States Forest Service, which posed the question whether Indian tribes have the right to halt the use of recycled wastewater to make artificial snow on ski slopes located on land owned by the federal government. In this column, I will explain how the decision illustrates the folly and expense to taxpayers that occurs when the Religious Freedom Restoration Act (RFRA) is applied to federal lands. It also highlights the issue that has become the major point of contention in most RFRA and Religious Land Use and Institutionalized Persons Act (RLUIPA) cases. The tribes and their members do not claim that they have ceased worshipping as a result of the introduction of the artificial snow; they claim that it has diminished their religious experience. While they alleged a variety of federal law violations, their RFRA claim has been the crux of the case from the beginning....

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