SE Group assisted the Coconino National Forest in producing an Environmental Impact Statement (EIS) analyzing a proposal from the Arizona Snowbowl Ski Area, just north Flagstaff, AZ, that included improvements to the ski area’s lift and terrain network, day lodges, parking, and most notably, the proposed use of Class A+ reclaimed wastewater for snowmaking. Because the Snowbowl is situated on the San Francisco Peaks, which are held sacred to at least 13 federally recognized Native American tribes in the Four Corners area, all historic and proposed activities at the ski area are highly sensitive and controversial and the proposal was met with considerable resistance from both the tribal communities and the general public. The Draft EIS, released to the public in February 2004, yielded responses from almost 6,000 commentors. After comments were processed and the analysis was revised, a Final EIS and Record of Decision was released in February 2005, approving of all aspects of the proposal, including snowmaking.
During the requisite administrative appeal process, the Forest Service received 169 appeals filed by the tribes, environmental groups and the public. Upon review by the Regional Forester, the Record of Decision was upheld on all counts. With the administrative process exhausted, the decision was then challenged in federal district court by six plaintiffs, where it was again upheld. The district court's decision was subsequently appealed to a three judge panel of the 9th Circuit Court of Appeals, which ruled in favor of the project on four of the complaints, and against it on two. In conjunction with the USDA, the Snowbowl appealed the ruling of the three judge panel in the 9th Circuit to an 11 judge en banc panel of the 9th Circuit. The case was heard in December of 2007 before 11 judges of the 9th Circuit. In August of 2008, the 9th Circuit Court of Appeals fully upheld the approval. The opponents to the project subsequently filed a petition to appeal with the U.S. Supreme Court. In June of 2009 the U.S. Supreme Court declined to hear the appeal, thereby upholding the final ruling of the 9th Circuit Court and finally clearing the way for the Snowbowl to implement their proposed mountain improvements.