Tag Archives: Navajo Nation and uranium mining

Mining to Death for Uranium: the Navajo

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The Navajo people have petitioned the Inter-American Commission on Human Rights arguing that the U.S. government failed to protect the human rights of Indigenous communities when the Nuclear Regulatory Commission (NRC) licensed uranium mining on their territories.

The Eastern Navajo Diné Against Uranium Mining (ENDAUM)  petition states that when the NRC licensed Hydro Resources, Inc. (HRI) (now known as NuFuels) to operate uranium mining in the two Diné (Navajo) communities of Crownpoint and Churchrock it violated human rights guaranteed in the American Declaration of the Rights and Duties of Man, including the rights to life, health, benefits of culture, fair trial, and property.
According to the Navajo, the NRC licensed uranium mining  it knew would contaminate the groundwater that is an important resource of drinking water and cultural identity to communities that suffer increased risk of death and disease from historic uranium mining and milling the United States government not only tolerated but promoted.

The Inter-American Commission on Human Rights declared ENDAUM’s petition “admissible” in March 2021 and provided until October 21, 2021 for additional observations to be submitted. These additional observations were submitted in October, 2021. 

New Mexico Environmental Law Center, Press Release, Oct. 20, 2021

Case with annexes

Between Colonialism and the Abyss: the Desperate Search for a Nuclear Waste Disposal Site, United States

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A proposal for New Mexico to house one of the world’s largest nuclear waste storage facilities has drawn opposition from nearly every indigenous nation in the state. Nuclear Issues Study Group co-founder and Diné organizer Leona Morgan told state legislators in November 2019 the project, if approved, would perpetuate a legacy of nuclear colonialism against New Mexico’s indigenous communities and people of color.

Holtec International, a private company specializing in spent nuclear fuel storage and management, applied for a license from the federal Nuclear Regulatory Commission to construct and operate the facility in southeastern New Mexico. Holtec’s proposal would see the majority of high-level nuclear waste in the U.S. transported to a consolidated interim storage facility located in southeastern New Mexico. If licensed, the facility would house up to 100,000 metric tons of high-level waste at capacity — more nuclear waste than currently exists in the country — for up to 40 years, while the federal government either re-opens Yucca Mountain or establishes a new deep repository to permanently store the waste.

The proposal, which has been in the works since 2011, would see high-level waste generated at nuclear power plants across the country transported to New Mexico for storage at the proposed facility along the Lea-Eddy county line between Hobbs and Carlsbad. Holtec representatives say the facility would be a temporary solution to the nation’s growing nuclear waste problem, but currently there is no federal plan to build a permanent repository for the waste.

Legislators, activists and residents alike share concerns about the proposals. Some fear the “interim” storage facility could become a de facto permanent storage facility if no other repository is built; others question the site selection for a nuclear facility so close to oil and gas activity in the Permian Basin. Increased transport of high-level radioactive waste across the state could also lead to potentially dangerous nuclear releases, leaving impacted communities responsible for emergency responses.

“New Mexico doesn’t make the waste, why should we take the waste?” Morgan said. “What we’re advocating for is not a temporary, band-aid solution, but something more scientifically sound. The waste does have to go somewhere. However, storing it in New Mexico temporarily is not the right idea. It’s not safe; it’s not supported by the local communities; and New Mexico does not want it.”  “We see this as environmental racism and perpetuating nuclear colonialism that is going to result in a continuation of a slow genocide,” she said….

Meanwhile, nuclear power utilities across the country have sued the federal government over a breach of contract for failing to establish a permanent repository for the waste. 

Nuclear colonialism, a term first coined by environmentalist Winona LaDuke and activist Ward Churchill, describes a systematic dispossession of indigenous lands, the exploitation of cultural resources, and a history of subjugation and oppression of indigenous peoples by a government to further nuclear production of energy and proliferation of weapons.  “All of the impacts from nuclear colonialism can be simplified by explaining it as environmental racism,” Morgan told state legislators last week. She pointed to the health and environmental consequences of uranium mining on the Navajo Nation during the last century.  “My family lives in areas where there was past uranium mining. We’re still dealing with the legacy of all of the mining that fuelled World War II and the Cold War,” Morgan said. “This legacy is still unaddressed — not just in New Mexico, but in the entire country. For that reason, my concern is the health of our people, our environment.”

Cleaning Abandoned Uranium Mines New Mexico

“We do not believe we are separate from the environment,” Morgan said. “We are not here to protect the environment as land and as mountains, but as living, breathing entities.”  Similar beliefs, sometimes referred to in policy discussions as “environmental personhood,” have gained recognition among regulators in countries across the world in recent years. 

Excerpts from Kendra Chamberlain, Nuclear Colonialism: Indigenous opposition grows against proposal for nation’s largest nuclear storage facility in NM, https://nmpoliticalreport.com/,  Nov. 14, 2019

The Right to Drinkable Water and Uranium Mining in the USA

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[T]he uranium mining industry in the United States is renewing a push into the areas adjacent to Navajo Nation, Utah: the Grand Canyon watershed to the west, where a new uranium mine is preparing to open, and the Bears Ears National Monument to the north.

The Trump administration is set to shrink Bears Ears National Monument by 85 percent in February 2018, potentially opening more than a million acres to mining, drilling and other industrial activity….[T]here were more than 300 uranium mining claims inside the monument, according to data from Utah’s Bureau of Land Management (B.L.M.) office that was reviewed by The New York Times.  The vast majority of those claims fall neatly outside the new boundaries of Bears Ears set by the [Trump] administration. And an examination of local B.L.M. records, including those not yet entered into the agency’s land and mineral use authorizations database, shows that about a third of the claims are linked to Energy Fuels, a Canadian uranium producer. Energy Fuels also owns the Grand Canyon mine, where groundwater has already flooded the main shaft.

Energy Fuels, together with other mining groups, lobbied extensively for a reduction of Bears Ears, preparing maps that marked the areas it wanted removed from the monument and distributing them during a visit to the monument by Mr. Zinke, Energy Secretary,  in May 2017.

The Uranium Producers of America, an industry group, is pushing the Environmental Protection Agency to withdraw regulations proposed by the Obama administration to strengthen groundwater protections at uranium mines. Mining groups have also waged a six-year legal battle against a moratorium on new uranium mining on more than a million acres of land adjacent to the Grand Canyon…

Supporters of the mining say that a revival of domestic uranium production, which has declined by 90 percent since 1980 amid slumping prices and foreign competition, will make the United States a larger player in the global uranium market.  It would expand the country’s energy independence, they say, and give a lift to nuclear power, still a pillar of carbon-free power generation. Canada, Kazakhstan, Australia, Russia and a few other countries now supply most of America’s nuclear fuel.

The dwindling domestic market was thrust into the spotlight by the contentious 2010 decision under the Obama administrationthat allowed Russia’s nuclear agency to buy Uranium One, a company that has amassed production facilities in the United States. The Justice Department is examining allegations that donations to the Clinton Foundation were tied to that decision.

“If we consider nuclear a clean energy, if people are serious about that, domestic uranium has to be in the equation,” said Jon J. Indall, a lawyer for Uranium Producers of America. “But the proposed regulations would have had a devastating impact on our industry.” “Countries like Kazakhstan, they’re not under the same environmental standards. We want a level playing field.”…

In Sanders, Arizona, hundreds of people were exposed to potentially dangerous levels of uranium in their drinking water for years, until testing by a doctoral researcher at Northern Arizona University named Tommy Rock exposed the contamination.  “I was shocked,” Mr. Rock said. “I wasn’t expecting that reading at all.”

Mr. Rock and other scientists say they suspect a link to the 1979 breach of a wastewater pond at a uranium mill in Church Rock, N.M., now a Superfund site. That accident is considered the single largest release of radioactive material in American history, surpassing the crisis at Three Mile Island.

It wasn’t until 2003, however, that testing by state regulators picked up uranium levels in Sanders’s tap water. Still, the community was not told. Erin Jordan, a spokeswoman for the Arizona Department of Environmental Quality, said the department had urged the now-defunct local water company for years to address the contamination, but it had been up to that company to notify its customers….The town’s school district, whose wells were also contaminated with uranium, received little state or federal assistance. It shut off its water fountains and handed out bottled water to its 800 elementary and middle-school students.  “I still don’t trust the water,” said Shanon Sangster, who still sends her 10-year-old daughter, Shania, to school with bottled water. “It’s like we are all scarred by it, by the uranium.”

Excerpts from HIROKO TABUCHIJAN,  Uranium Miners Pushed Hard for a Comeback. They Got Their Wish,  NY Times, Jan. 13, 2018