Markell Ripps

November 8, 2008

With global warming causing increasing temperatures throughout New England, downhill skiing is fighting to carve out its continued existence in the stormy economic times of the 2008--09 season. The 2006--07 ski season proved to be a challenge when by November and December 2006, most ski trails in the Northeast had been reduced to rock-infested trails of brown and white. Using two warming scenarios for Pinkham Notch, New Hampshire, the current average of 165 winter season days could drop to 149 to 130 days per season, representing a loss of 10--20% of total season loss.

In response to many years like this previously, ski resorts have been forced to increase snow-making. Vermont ski resorts reported that the 2006--07 ski season could not have been viable without man-made snow, while Okemo, Killington, Mt. Snow, and Stratton approached 90% coverage with this aid, and were able to maintain a strong skier base. The guarantee of snow, natural or not, has caused Vermont ski resorts to have experienced a pre-season sales increase during this upcoming 2008--09 season, while Vermont's Sugarbush is already 17% ahead of 2007 sales. However, by providing this guarantee, Sugarbush, has received criticism by environmental groups for taking too much water out of the Mad River for snow-making purposes; causing dire consequences for fish reproduction and stream bed stability.

Acknowledging the fragile link between global warming, increased snow making, and the subsequent environmental degradation, the National Ski Areas Association paired with the Natural Resources Defense Council in 2000 to create an Environmental Charter called "Sustainable Slopes," (revised in 2005). This Charter encourages ski resorts to combat the effects of global warming by using greener snow-making techniques, such as using machines that that are more energy efficient in higher temperatures. The call for environmental consciousness has been heeded by over 200 signing ski resorts.

However, not all that shimmers is gold. In Navajo Nation v. United States Forest Service, Native Americans sued the Forest Service for desecrating their holy grounds by using recycled wastewater to make artificial snow. The Native Americans claimed that because the artificial snow contained 0.0001% human waste, the use of the snow on four holy mountains in Northern Arizona substantially burdened their religious practices, thus in violation of the Religious Freedom Restoration Act (RFRA). The Ninth Circuit decided on August 8, 2008 that there was no violation because no physical religious practice would be prohibited. A strong dissent argued that a substantial burden on the Native American's subjective spiritual experience was enough to create a violation of RFRA. Both white snow and "green" snow have an uncertain future for the 2008--09 ski season. Ski resorts must work with their surrounding communities across the country to balance providing continued service with environmental and social responsibility.

Sources:

Janine Bloomfield and Steven Hamburg. Seasons of Change: Global Warming and New England's White Mountains. Environmental Defense (1997), available at http://www.edf.org/documents/396_GWWhtMtns.pdf.

Lauren Ober, Ski Resorts Report Brisk Preseason Business, The Burlington Free Press, Oct. 12, 2008, (LexisNexis).

National Ski Areas Association. Sustainable Slopes: The Environmental Charter for Ski Areas (2005), available at http://www.nsaa.org/nsaa/environment/sustainable_slopes/Charter.pdf.

Navajo Nation v. United States Forest Service, 535 F.3d 1058 (9th Cir. 2008).

Stephen Jermanok, A Downhill Battle -- Warmer Winters Have Ski Areas in New England Fighting Back, The Boston Globe, Nov. 18, 2007, (LexisNexis).

Tony Chamberlain, Some Areas Not Sweating Weather -- Yet, The Boston Globe, Jan. 4, 2007, (LexisNexis).