Tag Archives: Churchrock

10/4/2011 Gallup Independent: Northeast Churchrock Mine cleanup plan set

10/4/2011 Northeast Churchrock Mine cleanup plan set By Kathy Helms, Dine Bureau, Gallup Independent: CHURCHROCK – After more than two years of debate and a dozen public meetings, the U.S. Environmental Protection Agency has chosen to move approximately 1.4 million tons of radioactive soil from Northeast Churchrock Mine to a lined disposal cell on top of an unlined cell at a nearby Superfund site. EPA evaluated 14 disposal sites before choosing the same “preferred alternative” cleanup plan announced in May 2009. By disposing of the radium- and uranium-contaminated waste at the nearby United Nuclear Corp. uranium mill now owned by General Electric, the entities averted the lengthy process of siting and licensing a new disposal facility, which can take decades.

“They’ve just been playing around with us, and just to butter us up they’ve been having those stakeholder meetings, that’s what I found out,” Teddy Nez, president of the Red Water Pond Road Community Association, said Monday.

Cleanup could be accomplished in 2018 at a cost of $44.3 million, compared to the $293.6 million it would take to transport the waste to a licensed disposal facility. By moving the contaminated soils next door to Churchrock Chapter on private land owned by UNC/GE, it also satisfies the Navajo Nation’s requirement that the waste be transported off tribal lands.

“All they’re going to do, the way I understand it, is scrape the cap off, put it to the side, line it, and then put the other stuff on top. It’s basically going to be a new mountain,” Nez said.

EPA Region 9 found there was not enough room at the mill site to construct a new cell for the mine waste, as previously discussed, without impacting ongoing groundwater remediation efforts by Region 6. The major factor influencing the ultimate height of the cells is whether the waste is placed on all three existing cells, or is limited to one or two cells. EPA estimates the cells could grow by up to 10 feet in height but would be designed to blend into the landscape.

“Our position is move the stuff over there but dig out the contaminated trash, go to the bottom, then line it, put the old waste back in there and then put the other waste on top – both wastes, UNC and Kerr-McGee,” Nez said. In addition to Northeast Churchrock, EPA also is addressing two sites at the adjacent Quivira Mine formerly owned by Kerr-McGee.

Both U.S. EPA and Navajo EPA representatives held informal community meetings with Red Water Pond Road residents in April and May to explain the work going on in relationship to the two mines. They also held an informal meeting with residents a week prior to Thursday’s announcement. Nez said they were told not to invite the media.

Clancy Tenley of EPA Region 9 said they just wanted to meet with the Red Water Pond Road residents. “That was the first time we were telling anybody how we were going to clean it up, so we did intend to have it just them and not to be a big public meeting,” he said.

Stephen B. Etsitty, executive director of Navajo EPA, said every time U.S. EPA came out to meet with residents, they also were there. “We’ve heard the concerns from the Red Water Pond Road Community Association, we’ve had our own meetings with EPA directly, and we were able to brief the president at least three different occasions.” he said.

Residents were reassured they would have an opportunity to provide input during the three-year design phase. Nez said EPA will pay for the community association to hire Southwest Research Information Center as its technical consultant to aid the community in its understanding of the project as it develops and facilitate local input into the design process.

Transportation of “principal threat waste,” or the most highly contaminated soils, to an off-site disposal facility is another factor in the cleanup, Etsitty said.

“That volume of soil is yet to be determined. If it looks like the soils might be reprocessed and there is some economic gain possible, they’ll be taken to a reprocessing facility. I believe that’s in Utah,” he said. If it’s not possible, the soils will be transported 650 miles to the U.S. Ecology facility in Grand View, Idaho.

GE has offered to provide one scholarship per year for a Navajo student to attend either the University of New Mexico or Arizona State University, according to Nez, as well as improve Pipeline Canyon Road near the mine and mill sites, and provide building materials for four ceremonial hogans as requested by community residents. GE also will exercise Navajo hiring preference.

“Those are things that GE conveyed to EPA in a letter and that letter will be made part of the administrative record, but those things cannot be put into the administrative order of consent as enforceable items,” Etsitty said. “So we’re going to have to find a way to make sure that those promises are binding somehow.”

The UNC Mill, or final burial ground for the mine wastes, ceased operations in 1982 and was listed on U.S. EPA Superfund’s National Priorities List in 1983. EPA Region 6 has been actively trying to clean up contaminated groundwater at the site, but the plume has been steadily migrating closer to Navajo Nation boundaries.

Etsitty said they are concerned about groundwater contamination. “We want to know if there’s going to be any potential groundwater impacts underneath the mine site as well as what we know already about the mill site.”

Churchrock residents Scotty Begay and Larry King brought up concerns during public meetings about adding extra weight on top of the existing cell. Tenley said they received documents from the U.S. Nuclear Regulatory Commission and then did an evaluation of the compressibility of the material as to whether there would be any impact on the cell or to the groundwater.

“There is groundwater contamination north of the cells. The question is, is there water still in the cells that would be squished out from putting additional waste on it,” he said. “We determined that the material could be safely placed there without affecting the stability or the groundwater.”

Disposal of the waste is contingent on UNC receiving a license amendment from the Nuclear Regulatory Commission and approval by EPA Region 6.

Tenley said Region 9’s next step will be to meet with residents who were temporarily relocated during the last cleanup to discuss lodging arrangements for the next phase. They have one of two options.

“One is they could take a temporary move-out of their house during the cleanup, but that would be in a hotel for potentially years, and that’s not a very attractive alternative,” he said. The other option allows EPA to offer a “cash-out” for a permanent residence in the area that would be of comparable value in lieu of staying in a hotel, he said.

Prior to the big move, an emergency removal action will be conducted next summer near the home of Grace Cowboy, east of Red Water Pond Road, where a significant amount of contamination was found as a result of mine site runoff. An estimated 30,000 cubic yards of radioactive waste material will be removed and stockpiled at the mine site along with other waste removed during the previous interim cleanup. Estimated cleanup cost is $2 million.

Northeast Churchrock Mine operated from around 1967 to 1982 and included an 1,800-foot deep shaft, waste piles and several surface ponds. GE has conduced two previous cleanups, one during 2010 in which more than 40,000 tons of contaminated soils were moved and stockpiled at the mine site to await final cleanup.

10/6/2011 Navajo Times: 'Another insult' U.S. EPA to begin cleanup Church Rock uranium site

10/6/2011 Navajo Times: ‘Another insult’ U.S. EPA to begin cleanup Church Rock uranium site By Alastair Lee Bitsoi: CHURCHROCK, NM: The announcement by the U.S. Environmental Protection Agency on Sept. 29 that it will begin removing radioactive soil from the largest abandoned uranium mine on the Navajo Nation came as no surprise for local residents. Radioactive soil from the Northeast Church Rock Mine will be removed and placed in on top of a disposal cell at the nearby United Nuclear Corporation mill site.

The removal was one of 14 disposal site plans the U.S. EPA considered and preferred when it announced cleanup plans for the site in May 2009.

It took the U.S. EPA six years of planning and over 10 public meetings to keep area residents informed of the cleanup efforts.

Officials from the Navajo EPA, who will provide oversight along with U.S. EPA of cleanup operations by General Electric, said residents from the Red Water Pond Community were informed of U.S. EPA’s decision during a Sept. 27 meeting held at the residence of Grace Cowboy and Bradley Henio in Church Rock.

“Our first priority was to ship mine waste out of the reservation to a repository in Utah,” said Larry King, a resident and member of the Eastern Navajo Dine Against Uranium Mining, on Sept. 30.

U.S. EPA’s concern, King said, was the cost of shipping the radioactive waste off of Navajo lands to a licensed disposal facility, which would have cost the federal agency about $293.6 million to transport. This compares to $44.3 million to transport to the UNC site. Also an issue is shipping the radioactive waste through a non-Native community.

“I’m very disappointed in the decision, but it was expected because it involved an indigenous community,” King said. “Yet, uranium was being transported across Native lands in the 1970s and 1980s with no concerns at all.”

Chris Shuey, a researcher with the Southwest Research and Information Center in Albuquerque, said from a public health standpoint people are still going to be living near a radioactive site.

“The potential impacts of this decision are much wider in the community and the implications of this site will apply to other mines on the Navajo Nation,” said Shuey, who has conducted research on the impacts of uranium in the Church Rock area for the last 10 years.

“When we talk about the decision EPA is making it’s another insult to a long history of insult,” Shuey added.

According to the U.S. EPA, the cleanup at mine will include the removal of 1.4 million tons of radium and uranium contaminated soil, which could take up to another seven to 10 years to clean up.

“This is an important milestone in the effort to address the toxic legacy of historic uranium mining on the Navajo Nation,” said Jared Blumenfeld, administrator for U.S. EPA’s Pacific Southwest Region, in a press release. “This plan is the result of several years of collaboration between EPA, the Navajo Nation, and the Red Water Pond Road community living near the mine.”

U.S. EPA’s cleanup plan also includes sending waste containing high levels of radium or uranium off-site for reprocessing or approved disposal, address soil cleanup in a drainage east of the Red Pond Water Community, and provide voluntary housing options during the cleanup for community members directly impacted by the mine.

The removal of the waste to the UNC mill site, which has been a Superfund site for the last 20 years, also satisfies the Navajo Nation’s request to remove the waste off trust land. The UNC mill site is located on private land owned by UNC and GE.

Stephen B. Etsitty, executive director for Navajo EPA, said cleanup decisions are handled on a case-by-case basis and whether sites are time critical or non-time critical, according to standards set by the federal Superfund Program.

“A cleanup decision is based on a variety of factors, such as, but not limited to if there is a responsible party, the future use of the site, the amounts of contamination that remains at a site, the level of background radiation in the area, how bad the contamination is, community input, and the status of Indian law,” Etsitty said.

Etsitty said a U.S. 10th Circuit Court decision in 2010, which focused on the definition of Navajo Indian Country, ultimately weakened the Navajo Nation’s argument to have Church Rock mine waste material transported out of Navajo country.

“The resulting remedy decision is a compromise,” Etsitty added.

In addition to the cleanup plan, GE has agreed to provide scholarships for Navajo students to attend the University of New Mexico or Arizona State University. They also agreed to exercise Navajo preference for cleanup jobs, improve the Pipeline Canyon Road and provide building material for ceremonial hogans as requested by Red Water Pond Community members.

Michele Dineyazhe, remedial project manager who will provide oversight for the Navajo EPA’s Superfund Program, said the specifics of a cleanup date have not yet been determined.

Dineyazhe said a technical team consisting of staff from GE, U.S. EPA, Navajo EPA, the state of New Mexico, U.S. Department of Energy, and the Nuclear Regulatory Commission will begin meeting to design the disposal cell. The design phase will take three years.

“Something like this is a milestone, but there is still so much work to be done,” Dineyazhe said, adding that the Navajo Nation’s position is to continue addressing the legacy of uranium mining at other sites. “Our intention is to do the best we can for the Navajo people and our land.”

The Northeast Church Rock Mine operated from 1967 to 1982 and included an 1,800-foot shaft, waste piles and several surface ponds.

GE conducted two previous cleanups at the site – one in 2007 that included the removal and rebuilding of one structure and the removal of over 40,000 tons of contaminated soil in 2010.

7/1/2011 Gallup Independent: Navajo energy vision 'a beginning,' But is it short-sighted? First in a two-part series

7/1/2011 Gallup Independent: Navajo energy vision ‘a beginning,’ But is it short-sighted? First in a two-part series By Kathy Helms, Dine Bureau: GALLUP – The Navajo Nation’s draft energy policy, or “vision statement,” does not dwell on past mistakes. The forward-looking document focuses on a balanced, multi-pronged approach to shape the Nation’s energy future, according to President Ben Shelly’s energy team, which presented the draft Wednesday evening at a public meeting in Gallup. While audience members hailed the policy was “a beginning” and commended the team for its hard work, they also were quick to point out where the policy appeared to be short-sighted. For starters, the grassroots Navajo people were not consulted, according to Teddy Nez of Churchrock. “Also, as a matrilineal society, it’s shocking that there’s no women” on the Energy Advisory Committee, Nikki Alex of Dilkon, an independent researcher and policy analyst, said. The committee is made up of division directors and program managers from within the Executive Branch.

“The Navajo people have the right to incorporate Dine Fundamental Law into the Navajo Nation’s Energy Policy, yet in all documentation there is no mention of it. This is an outrage since our elected officials use the Dine Fundamental Law as a defense for their decisions that are often detrimental to our Navajo Life Way or to undermine our laws for their own gain or defense,” Mervyn Tilden of Gallup said.

Audience members were given three minutes each to present their remarks and were cautioned to address what was in the policy, not events of the past, as they could spend days talking about past wrongs. Many members of the audience disagreed, however, including George Arthur, former Navajo Nation Council delegate.

“I think we need to keep an open mind about what happened in the past. The past is what develops the future. I’ve been at the negotiating table with Mr. (Louis) Denetsosie and others here. It’s very difficult to be at the negotiation table when the rules are already developed by your counterparts that are sitting across from you,” he said.

“There was a statement made early on about looking to the future. … Ladies and gentlemen, the only thing that’s in the future that’s on the table that can be talked about is Peabody and Navajo Generating Station. Everything else has been negotiated.”

Former Navajo Nation President Milton Bluehouse Sr. said the Indian Mineral Leasing Act allows Navajo to name its price, rather than settling for the 12.5 percent coal royalty discussed in the Peabody Energy Co. lease reopener which is expected to come up during Council’s summer session.

“It’s got to be a lot more,” he said. “People that are affected out there, like Black Mesa, they were promised roads, houses, water, electricity and all of this. At the onset they were lied to. … Let’s do something about it and let’s put something in this policy so people get advantage of it.”

Ed Becenti of St. Michaels agreed. “The act of 1938, the Indian Minerals Leasing Act, gave Indian tribes the ability and power to negotiate their own lease. Why not go back and ask for retro payments from all of these energy companies. We have some leases that are coming up for renewal. This is the time for the energy policy task team to address them – not to rush into them and make some bad choices again.”

Others such as Alex noted the lack of language in regard to transitioning from finite resources such as fossil fuels to a green economy. “I really want to emphasize that nuclear is not the future. Clean coal is not the future. Why are we going to put ourselves as guinea pigs again for this new industry? … I understand the importance of economic development, but social aspects, economic aspects, health aspects and environmental aspects are important as well. It’s not just about money.”

Anna Rondon, chair of the Green Economy Commission, disagree with Attorney General Harrison Tsosie that the policy did not need to go out for a formal public hearing as is done in rulemaking hearings.

“I believe any public policy that impacts people, especially Dine people, should be given out as a public hearing campaign to be recorded by a court reporter because this might come back in the future and there may be lawsuits because it wasn’t adhered to. If this policy is going to the Navajo Nation Council, it goes into the Legislative Branch, so the play on the words kind of gets to me. Is this another ploy?”

Rondon said she also would like to dispel the myth that they are environmentalists who want to shut down the coal-fired power plants. “We want to help balance the dirty-based economy that we have with a green, clean economy for future generations. I would like to know what are your guiding principles? Ours, as a commission, is the Dine Fundamental Law. We just had a prayer talking about our sacred elements. There is a lack of sacredness, there’s an absence of holiness” in the policy, she said.

Amber Crotty of Sheepsprings, a policy analyst at Dine Policy Institute, said, “Now that we know that some of these leases are far into the future, how do we get this equal or greater fair market value when a majority of the leases now are in the hopper for the next 25 years?”

Dana Eldridge of Cornfields, also a researcher at Dine Policy Institute, said she believes it is very critical for the Navajo Nation to transition its energy economy.

“We need to be diversifying our energy sources. Part of the transitioning needs to support the coal mine workers we care so much about. We hear that as a justification to continue coal mining, but I really, firmly believe that we need to be transitioning to renewable sources and in that process have a support system for those workers. We need to be moving at a rate faster than the U.S., because they’re not moving fast enough and their scientists predict catastrophic energy issues for the U.S. as a whole, so we really should be at the forefront of a transitioning economy.”

Eldridge said the commitment to renewables within the energy policy is very weak when compared to the economic goals, and if the Nation is moving toward energy sovereignty, it needs to take out the middle man. In addition, there needs to be a holistic analysis on the cost of coal.

“What are the health care costs that our communities are facing? What are the environmental costs going to be? What are the cost of tourism dollars that we’re losing from people who don’t want to visit our states any more because they’re so hazy?

“I was in Shiprock just yesterday, and it’s such a big indicator of the environmental racism that we have put on our own people. These people don’t benefit from the energy development; they just suffer from the environmental consequences. Let’s not continue this legacy of environmental racism in our own lands.”

5/18/2011 Petition shines a light-Navajos ask feds to intervene against Nuclear Regulatory Commission

5/18/2011 Gallup Independent: Petition shines a light – Navajo asks feds to intervene against NRC By Kathy Helms, Dine Bureau: WINDOW ROCK – In Diné Indian Country in northwestern New Mexico, suffering is measured in milligrams per liter, millirems, and picocuries – units that measure radiation exposures, according to a petition filed with the Inter-American Commission on Human Rights on behalf of Eastern Navajo Dine Against Uranium Mining. Eric Jantz, lead attorney on the New Mexico Environmental Law Center’s uranium cases, and Larry King of Churchrock – site of the largest nuclear disaster in U.S. history – held a press conference Monday at the National Press Club in Washington to discuss the petition filed Friday asking the Human Rights Commission to intervene with the United States to stop uranium mining within the Navajo Nation. After 16 years of fighting, the Law Center has exhausted all legal remedies to overturn the mining license granted by the U.S. Nuclear Regulatory Commission to Hydro Resources Inc., or HRI.

“I hope that the United States, which holds itself under the beacon of human rights internationally, is going to observe its international human rights obligations at home,” Jantz said Monday afternoon. The petition alleges human rights violations against the United States based on the NRC’s licensing of uranium mining operations in Crownpoint and Churchrock.

“This petition is important because it’s the first time that the Nuclear Regulatory Commission has ever been taken to task for its lax regulations, and it’s also the first time that any group has petitioned based on the human rights aspect of the nuclear fuel cycle – in this case, the first step in the nuclear fuel cycle, uranium mining,” Jantz said.

“We’ve alleged human rights violations of right to life, right to health, and right to cultural integrity on behalf of our clients. We hope that this petition is going to shine an international spotlight on the Nuclear Regulatory Commission and the United States’ nuclear energy policy and at the same time, keep the uranium mining from going forward in our client’s communities,” he said.

Mat Lueras, vice president of Corporate Development for Uranium Resources Inc., parent company of HRI, said, “Uranium Resources stands behind our permits and licenses issued by a variety of federal and state regulatory bodies and are confident in our technology and people.

“We are dedicated to the welfare of the communities we operate in. We are committed to the safety of our employees, supporting the communities in which we operate and protecting the environment. We operate well within the boundaries of the rules and regulations that are required of us.”

King, a member of ENDAUM’s board of directors, said the NRC never should have given HRI a license for an in-situ leach mining operation in Crownpoint. “Why would the NRC approve a license to have a company go and destroy a community’s sole drinking water aquifer? It just does not make any sense. In the Southwest where rainfall is very scarce, every drop of water is very precious to us. We need to preserve every drop, not only for our generation, but for future generations to come so that they can enjoy what we’re enjoying today.”

The petition cites a 2003 article by Carl Markstrom and Perry Charley regarding Dine cultural attitudes toward uranium.

“In the Diné world view, uranium represents a parable of how to live in harmony with one’s environment. Uranium is seen as the antithesis of corn pollen, a central and sacred substance in Diné culture, which is used to bless the lives of Diné people. Dine Tradition says:

“The Dineh (the people) emerged from the third world into the fourth and present world and were given a choice. They were told to choose between two yellow powders. One was yellow dust from the rocks, and the other was corn pollen. The Dineh chose corn pollen, and the gods nodded in assent. They also issued a warning. Having chosen the corn pollen, the Navajo [people] were to leave the yellow dust in the ground. If it was ever removed, it would bring evil,” the article states.

Recent studies have found a strong association between living in proximity to uranium mines and negative health outcomes. The federally funded, community-based DiNEH Project – an ongoing population-based study – is examining the link between high rates of kidney disease among Navajos in Eastern Navajo Agency and exposure to uranium and other heavy metals from abandoned uranium mines. The study has found a statistically significant increase in the risk for kidney disease, diabetes, hypertension, and autoimmune disease in Diné living within a half mile of abandoned uranium mines, the petition states.

Jantz alleges that the United States, by virtue of the authority exercised by the NRC, has failed to protect conditions that promote the petitioners’ right to health by ignoring the impacts of ongoing environmental contamination from past uranium mining and milling while continuing to license uranium mining projects which will lead to further contamination.

For example, on July 16, 1979, the tailings dam at the United Nuclear Corp. uranium mill in Churchrock broke and released 93 million gallons of radioactive liquid into the Rio Puerco, which runs through King’s land where his family’s cattle ranch is located. Radioactive waste in the bed and banks of the river has yet to be cleaned up.

If HRI is allowed to proceed with mining in Section 17 – home to three families, including King’s – under terms of the license issued by the NRC, HRI may forcibly remove them or restrict grazing, agriculture, and cultural activities such as plant gathering during mining operations, according to the petition.

“It’s a pure human rights violation,” King said.

5/16/2011 Gallup Independent: For Navajo, suffering measured in radiation exposures

5/16/2011 Gallup Independent: For Navajo, suffering measured in radiation exposures  By Kathy Helms, Dine Bureau:  WINDOW ROCK – In Diné Indian Country in northwestern New Mexico, suffering is measured in milligrams per liter, millirems, and picocuries – units that measure radiation exposures, according to a petition filed with the Inter-American Commission on Human Rights on behalf of Eastern Navajo Dine Against Uranium Mining.   Eric Jantz, lead attorney on the New Mexico Environmental Law Center’s uranium cases, and Larry King of Churchrock – site of the largest nuclear disaster in U.S. history – held a press conference Monday at the National Press Club in Washington to discuss the petition filed Friday asking the Human Rights Commission to intervene with the United States to stop uranium mining within the Navajo Nation.

After 16 years of fighting, the Law Center has exhausted all legal remedies to overturn the mining license granted by the U.S. Nuclear Regulatory Commission to Hydro Resources Inc., or HRI.

“I hope that the United States, which holds itself under the beacon of human rights internationally, is going to observe its international human rights obligations at home,” Jantz said Monday afternoon. The petition alleges human rights violations against the United States based on the NRC’s licensing of uranium mining operations in Crownpoint and Churchrock.

“This petition is important because it’s the first time that the Nuclear Regulatory Commission has ever been taken to task for its lax regulations, and it’s also the first time that any group has petitioned based on the human rights aspect of the nuclear fuel cycle – in this case, the first step in the nuclear fuel cycle, uranium mining,” Jantz said.

“We’ve alleged human rights violations of right to life, right to health, and right to cultural integrity on behalf of our clients. We hope that this petition is going to shine an international spotlight on the Nuclear Regulatory Commission and the United States’ nuclear energy policy and at the same time, keep the uranium mining from going forward in our client’s communities,” he said.

Mat Lueras, vice president of Corporate Development for Uranium Resources Inc., parent company of HRI, said, “Uranium Resources stands behind our permits and licenses issued by a variety of federal and state regulatory bodies and are confident in our technology and people.

“We are dedicated to the welfare of the communities we operate in. We are committed to the safety of our employees, supporting the communities in which we operate and protecting the environment. We operate well within the boundaries of the rules and regulations that are required of us.”

King, a member of ENDAUM’s board of directors, said the NRC never should have given HRI a license for an in-situ leach mining operation in Crownpoint. “Why would the NRC approve a license to have a company go and destroy a community’s sole drinking water aquifer? It just does not make any sense. In the Southwest where rainfall is very scarce, every drop of water is very precious to us. We need to preserve every drop, not only for our generation, but for future generations to come so that they can enjoy what we’re enjoying today.”

The petition cites a 2003 article by Carl Markstrom and Perry Charley regarding Dine cultural attitudes toward uranium.

“In the Diné world view, uranium represents a parable of how to live in harmony with one’s environment. Uranium is seen as the antithesis of corn pollen, a central and sacred substance in Diné culture, which is used to bless the lives of Diné people. Dine Tradition says:

“The Dineh (the people) emerged from the third world into the fourth and present world and were given a choice. They were told to choose between two yellow powders. One was yellow dust from the rocks, and the other was corn pollen. The Dineh chose corn pollen, and the gods nodded in assent. They also issued a warning. Having chosen the corn pollen, the Navajo [people] were to leave the yellow dust in the ground. If it was ever removed, it would bring evil,” the article states.

Recent studies have found a strong association between living in proximity to uranium mines and negative health outcomes. The federally funded, community-based DiNEH Project – an ongoing population-based study – is examining the link between high rates of kidney disease among Navajos in Eastern Navajo Agency and exposure to uranium and other heavy metals from abandoned uranium mines. The study has found a statistically significant increase in the risk for kidney disease, diabetes, hypertension, and autoimmune disease in Diné living within a half mile of abandoned uranium mines, the petition states.

Jantz alleges that the United States, by virtue of the authority exercised by the NRC, has failed to protect conditions that promote the petitioners’ right to health by ignoring the impacts of ongoing environmental contamination from past uranium mining and milling while continuing to license uranium mining projects which will lead to further contamination.

For example, on July 16, 1979, the tailings dam at the United Nuclear Corp. uranium mill in Churchrock broke and released 93 million gallons of radioactive liquid into the Rio Puerco, which runs through King’s land where his family’s cattle ranch is located. Radioactive waste in the bed and banks of the river has yet to be cleaned up.

If HRI is allowed to proceed with mining in Section 17 – home to three families, including King’s – under terms of the license issued by the NRC, HRI may forcibly remove them or restrict grazing, agriculture, and cultural activities such as plant gathering during mining operations, according to the petition.

“It’s a pure human rights violation,” King said.

5/14/2011 Gallup Independent: ENDAUM seeks halt to uranium mining

ENDAUM seeks halt to uranium mining By Kathy Helms, Dine Bureau, Gallup Independent, 5/14/2011:WINDOW ROCK – The New Mexico Environmental Law Center and its client, Eastern Navajo Diné Against Uranium Mining, or ENDAUM, filed a petition Friday with the Inter-American Commission on Human Rights seeking to halt a uranium mining operation Churchrock and Crownpoint. A press conference is scheduled for Monday morning at the National Press Club in Washington. After 16 years of legal fighting, the New Mexico Environmental Law Center has exhausted all avenues offered by the U.S. legal system to overturn the mining license granted by the Nuclear Regulatory Commission to Hydro Resources Inc. Should HRI be allowed to mine, the drinking water for approximately 15,000 people will be contaminated, according to the law center. “The HRI license marks the first time that any mining company in the U.S. has been federally authorized to mine uranium in a community drinking water aquifer,” Eric Jantz, attorney for the law center stated in a press release. “This aquifer provides the sole source of drinking water for the mostly Navajo community members represented by ENDAUM. By granting this license, the NRC has failed to uphold its mandate to protect the health and safety of all Americans.”

On Friday, New Mexico Environment Department’s Ground Water Quality Bureau posted a notice that HRI plans to renew the discharge permit for its Section 8 property in McKinley County for the injection and circulation of up to 4,000 gallons per minute of “lixiviant” associated with the process of in-situ leach mining of uranium.

Lixiviant, which typically contains an oxidant such as oxygen and/or hydrogen peroxide mixed with sodium carbonate or carbon dioxide, is injected through wells into the ore body in a confined aquifer to dissolve the uranium. This solution is then pumped via other wells to the surface for processing, according to the U.S. Nuclear Regulatory Commission.

HRI plans to use injection and extraction wells to recover uranium from the Westwater Canyon aquifer at depths from 600 to 1,200 feet. Potential contaminants include chloride, radium-226, selenium, sulfate, total dissovled solids and uranium. The NMED posting kicks off a 30-day period for the public to request a hearing. HRI has stated its objective is to begin mining in Churchrock by mid-2013, and the community has few options left.

“ENDAUM’s best hope is to encourage the executive branch of the federal government to intervene to oppose this license,” Larry King, an ENDAUM board member, said. “Efforts over the past 15 years at the federal level have failed to engage officials and regulators about the impact this mining will have on the community’s health and water supply. We have to fight in every legal venue to prevent this mining from taking place.”

The petition seeks remedies for the violation of Navajo human rights and asks that the Commission recommend to the United States to suspend HRI’s materials license until such time as HRI has cleaned up the radioactive surface contamination on Churchrock’s Section 17, and the United States has taken significant and meaningful steps to remediate the abandoned uranium mines within the boundaries of the Churchrock Chapter, among other suggestions.

“Multiple international human rights treaties say health is a human right. The NMELC and our clients agree, and by licensing uranium projects in drinking water aquifers, the U.S. government has failed to protect the Navajo community’s human rights,” Jantz said. “New uranium mining will further desecrate Navajo communities across the reservation already suffering illnesses and death because of legacy mining and waste.”

Information: http://www.nmenv.state.nm.us/gwb/NMED-GWQB-PublicNotice.htm