Navajo Nation v. United States Forest Service
United States Court of Appeals for the Ninth Circuit
535 F.3d 1058 (9th Cir. 2008)
The Forest Service approved a ski resort's request to use treated wastewater, safe for human consumption but containing trace human waste, for snowmaking on peaks sacred to the Navajo, while preserving tribal access for religious ceremonies. The Navajo sued under RFRA, arguing the wastewater's use desecrated the site and burdened their religious practice; the district court found no substantial burden, and a panel reversed before rehearing en banc.
Whether a substantial burden on religious activity exists if individuals are forced to choose between following their religion and receiving governmental benefits, or are coerced to act contrary to their religion by threat of civil or criminal punishment.