The United States Department of Justice, on behalf of the Forest Service, filed for a rehearing on the court's earlier ruling denying snowmaking using reclaimed water. This time, they appealed for the case to be heard "en banc."
The ruling to deny snowmaking came from three 9th Circuit judges. They based the grounds for denial on a violation of the religious rights of tribes and that the Forest Service didn't account for potential health risks to drinking water. The appeal is to be heard by the full court. But at this point, the appeal has not been calendared, and there is no guarantee that the court will hear the case.
More than 13 Native American Nations along with the Sierra Club, the Center for Biological Diversity, and the Flagstaff Activist Network have opposed Snowbowl's snowmaking plan using reclaimed water.