Free Essay on the Contamination by the Reclaimed Wastewater

The gravity of the Harm

The contamination by the reclaimed wastewater would cause serious suffering to the Tribe and the public. Unreasonable, irreparable harm exists between the cultural and the environmental significance of the Peaks, and the permanent and recurrent impacts to the mentioned peaks stemming from the reclamation of the wastewater for snowmaking. The pilgrimages of the peaks coupled with extent of natural objects from the Snowbowl Resort Area establish sufficient grounds for significant harm because it causes substantial disruption to the Hopi religious and cultural life, which constitute appreciable and real invasion of the interest of the Tribe. The chemicals introduced during the reclamation process portend serious health risk and environmental problems to the Tribe and members of the public. The plaintiff further claimed that the Snowbowl would draw 1.5 million gallons of water from the City daily. The water contains recalcitrant chemical components that have adverse health effects and will have negative influence on the natural order of the area. The chemicals have endocrine disruptors that affect the levels of natural hormones in humans. The harms to public and Tribe are long-lasting and permanent.

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Utility of the Conduct

Snowbowl's actions would cause significant harm to the Tribe's social and religious life since would introduce various harmful chemicals to an area used for ceremonial pilgrimages. It will cause substantial disruption to the social and religious life. Additionally, the Tribe would not use contaminated water for religious purposes, as is normally the case. The damage to the environment, the disruption to the public economic and social order makes the Snowbowl's conduct unsustainable. Snowbowl has the financial influence and the labor to ensure that they establish the venture. The legitimacy by the Superior Court's ruling in their favor will certainly ensure that it establishes the project.

Balancing Test

The Tribe alleged exceedingly specific uses of the Snowbowl area that included monthly pilgrimages for prayers, collection of water and greens, and the herbs used for Hopi ceremonies, hunting for elk and other small game, special visit to the springs and shrines for annual ceremonies, and the gathering of tobacco and food. The public and the environment will also be affected due to the release of chemicals that cause the disruption of the endocrine system, meaning that their effects are long-lasting and permanent. The Snowbowl project certainly has great economic benefits, but the shortcomings, which include affecting the public and the Tribe's way of life, are far much greater.

The complaint established sufficient grounds or allegations to state a claim of public nuisance. According to Arizona law, an action causes public nuisance when it causes, "unreasonable interference with a right common to the general public and that it affects considerable number of people" (Armory Park, 148 Ariz. at 4, 712 P.2d at 917). Evidently, the gravity of the harm outweighs the utility of the utility of Snowbowl's conduct. Just like in Boomer v. Atlantic City Cement Company, the conduct by Snowbowl caused nuisance arising form the release of toxic chemicals that cause both long-lasting and permanent damage to humans, animals, and the environment. Additionally, the conduct interfered with the religious and cultural practices of the Tribe (diminished social value). Additionally, the complaint brought forth affects many people not just the Hobi Tribe since the chemical released will also affect the public by causing pollution, which is consistent with the ruling in Spur v Del Webb. Additionally, the use of land for general welfare such as for religious or cultural purposes should take precedence as determined a court in Prah v Maretti. Therefore, the Superior Court was wrong and the Court of Appeal will rule in favor of the Hobi Tribe.