Environment | Law

Attorney in San Francisco Peaks litigation won't face sanctions

The 9th Circuit Court of Appeals on Tuesday withdrew sanctions against attorney Howard Shanker for his handling of litigation to protect the sacred San Francisco Peaks in Arizona.

The court in June accused Shanker of "grossly" abusing the judicial process and was prepared to fine him for the costs of the litigation. But by a 2-1 vote, a three-judge panel of the 9th Circuit said it would no longer pursue sanctions.

Shanker represented the Navajo Nation when the tribe sought to stop the use of reclaimed sewage in the peaks. After the 9th Circuit dismissed the case, he filed a new lawsuit on behalf of the Save the Peaks Coalition and individual Indian activists.

The 9th Circuit said Shanker was essentially litigating the same issues.

Get the Story:
Ninth Circuit Panel Withdraws Sanctions against Howard Shanker (Atty in San Francisco Peaks Case) (Turtle Talk 8/29)

9th Circuit Decisions:
Save the Peaks Coalition v. USFS (August 28, 2012)
Save the Peaks Coalition v. USFS (June 21, 2012)

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Appeals court sanctions lawyer in San Francisco Peaks litigation (6/21)
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9th Circuit takes up dispute over sacred San Francisco Peaks (01/10)
9th Circuit debates dispute over sacred San Francisco Peaks (1/9)
Courts consider two lawsuits over snowmaking at sacred site (11/22)
BBC: Hopi Tribe battles reclaimed sewage at sacred peaks (10/20)
Editorial: Hopi Tribe lawsuit over fake snow seems misguided (9/1)
Earth 911: Skiing on reclaimed wastewater -- gross or green? (8/30)
Uprising: Hopi Tribe fights to keep wastewater off sacred site (8/29)
Fast Company: Hopi Tribe fights bid for fake snow at sacred site (8/25)
Hopi Tribe files lawsuit to block use of wastewater at sacred site (8/24)

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