Latest news with #StephenEtsitty
Yahoo
16-04-2025
- General
- Yahoo
Trucks with uranium cross Navajo Nation, reviving long-standing fears
Navajo Nation Executive Director Stephen Etsitty holds a radiation monitor device up to the front of one of the two uranium ore haul trucks from Pinyon Plaine Mine on Feb. 12, 2024, in Cameron. Photo by Shondiin Silversmith | Arizona Mirror Although the Navajo Nation has reached an agreement with Energy Fuels Inc. on uranium transportation through tribal land, many tribal members remain concerned it won't protect them from the harms of uranium contamination. Tribal leaders say they had little choice but to enter the agreement, as federal law preempts any tribal regulations that conflict with it regarding the transportation of radioactive materials. In between the four sacred mountains of the Navajo Nation, two large white trucks made a passage through the land coming from the Pinyon Plain Mine in Arizona's Kaibab National Forest which sits just outside the western boundary of the Navajo Nation, to the White Mesa Mill in southern Utah. The vehicles traveled more than 260 miles along Highways 89, 160 and 191 carrying a chemical all too familiar to the Navajo people, and the one that haunted them for years: uranium. Uranium trucks will roll down 'Killer 89,' igniting alarm in tribal communities On July 30, 2024, Energy Fuels Inc., a publicly traded company specializing in uranium mining and milling, among other things, sent the trucks with 'a very, very short notification time' before the transport, said Stephen Etsitty, executive director of the Navajo Nation Environmental Protection Agency, during a Navajo Nation Council meeting six months later. This led to months of negotiations and the eventual development of a transportation agreement between Energy Fuels and the Navajo Nation, to set safety requirements and ensure accountability. Title 49 in the Code of Federal Regulations outlines transportation requirements and classifies uranium ore as a Low Specific Activity material, 'which is the lowest level of radioactive material hauled on roads and highways,' said Kris Beecher, acting deputy attorney general for the Navajo Department of Justice, at the meeting. This means that moving uranium from one place to another is exempt from rigorous transportation requirements. Indigenous communities in the Southwest have taken steps to prohibit uranium mining and transportation on their lands due to the history of contamination, illness and death. In 2005, the Navajo Nation enacted the Diné Natural Resources Protection Act, which bans uranium mining and processing within its territory. In 2012, the nation passed the Radioactive and Related Substances Equipment, Vehicles, Persons, and Materials Transportation Act, which prohibits the transportation of uranium on tribal lands. However, federal law, specifically the Atomic Energy Act and the Hazardous Materials Transportation Act, regulates hauling of radioactive materials and overrides state and tribal regulations that go against them, also known as federal preemption. 'The Navajo Nation has done the next best thing by entering into an agreement with Energy Fuels,' Beecher said. According to the agreement, at no cost to the Navajo Nation, the corporation has agreed to clean up 10,000 tons of uranium-bearing materials from abandoned mines scattered throughout Navajo land. The company will also pay 50 cents per pound of processed uranium produced at the White Mesa Mill, which will amount to approximately $40,000 to $50,000 a month, 'depending on the richness of the uranium ore, with that rate to be adjusted annually for inflation,' Beecher said during the meeting. 'There will be approximately 10 trucks per day and the transport can take two to four years, depending on the amount of ore obtained from the (Pinyon Plain) Mine,' Beecher said. Energy Fuels also agreed to pay $1.2 million into the Navajo Nation CERCLA. 'That funds uranium transport program and any remaining funds may be used more generally to support education, the environment, public health and welfare, transportation safety and local economic development,' Beecher said. The company has plans to also mine uranium ore at the Roca Honda Mine near Mount Taylor in New Mexico. If mining begins at Roca Honda, the existing agreement will apply to the transportation of uranium ore from that mine through Navajo land. The Navajo Department of Justice and Environmental Protection Agency limited trucks to specific routes and hours of the day, prohibiting hauling during holidays and public events in respect of the culture and traditions of the nation. Energy Fuels promised to give a 14-day warning in advance of its monthly schedule before entering the Navajo land. 'The Navajo Nation has suffered longstanding impacts from uranium mining conducted during the Cold War era,' said Mark Chalmers, president and CEO of Energy Fuels, in a press release earlier this year. 'This has understandably caused mistrust toward the U.S. government and energy companies.' Not all Navajo Nation officials were in favor of the terms of agreement, questioning their execution. 'We will be continued to be lied to … We won't get the full packet,' said Vince James, a Navajo Nation council delegate, during the council meeting. Other tribal members echoed that sentiment. Robyn Jackson, executive director of Diné C.A.R.E., a nonprofit organization advocating for environmental protection, voiced her concerns over Energy Fuels' fulfillment of the agreement requirements, such as a dust cover as a preventative measure to ensure the radioactive debris does not escape the truck during transport. 'These trucks are only covered by a tarp and material particles could get out,' Jackson said. 'And since this is primarily going through Navajo Nation, that's Navajo communities that are being exposed to the uranium ore and radiation.' Jackson said each vehicle is required to have a symbol indicating that it contains radioactive material, but the symbol is too small for community members to see. Today, 85% of all Navajo people live in uranium-contaminated homes, according to an investigation from the Pulitzer Center. The effects of uranium vary, from shortness of breath and irritation to the skin after exposure to cancer and aggressive forms of autoimmune disease. The stakes are higher for those on the Navajo land due to zinc deficiency, said Jonnye Lewis, director and founder of the Community Environmental Health Program (CEHP), which is dedicated to studying the environmental effects of uranium and mine waste exposure on tribal land. 'What we see, especially on Navajo, is that you have some basic fundamental deficits in nutrition, and those also contribute to the toxicity of the metals,' said Lewis. For almost 40 years, Navajo men, women and children worked in uranium mines, where radioactive contamination spread to livestock and farmland. Children often played in open pit mines, unaware of the health risks posed by radioactive waste. Leona Morgan did not grow up in a contaminated environment, but her family has seen the effects of uranium. She co-founded Haul No!, a nonprofit organization that informs communities about nuclear mining and milling. 'People are scared, there are health problems, and the rez (reservation) doesn't have a cancer center,' Morgan said. 'When people have kidney problems, they have to go to dialysis. They oftentimes drive four hours from the rez to somewhere and pick up people along the way, it's an all-day thing.' In the past, people affected by uranium could receive financial relief outlined in the Radiation Exposure Compensation Act. The law failed to pass reauthorization and is no longer providing any compensation. Energy Fuels has not disclosed specific revenue figures solely from its Pinyon Plain Mine operations. However, in 2024, the company reported total uranium sales of 450,000 pounds, generating a gross profit of $21.32 million with a 56% gross margin, which means the company kept 56 cents per dollar as gross profit after covering the direct costs of production, such as mining, milling and transportation. The average realized prices were $75.13 per pound when selling uranium under long-term agreements with buyers, and $91.51 per pound while selling uranium on the open market without long-term arrangements. President Donald Trump issued the Immediate Measures to Increase American Mineral Production executive order on March 10, which encourages public and private partnerships and capital investment in domestic mineral production. 'We are trying to fend off these renewed mining activities, but it is coming and we just have to continue to fight,' Etsitty, with the Navajo EPA, said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-04-2025
- Business
- Yahoo
Uranium transport through Native Nation sparks concerns in New Mexico
Orange roadside markers are staked along the six-mile gravel road leading from the Pinyon Plain uranium mine, indicating the road is a uranium haul route. The small markers are the only signage along the road showing it is a uranium haul route. (Photo by Shondiin Silversmith/Arizona Mirror) A provision in the secret, controversial agreement allowing a private company to transport uranium ore across the Arizona side of the Navajo Nation has New Mexico anti-nuclear advocates increasingly worried about the prospect of new mining activity near a mountain sacred to the Navajo people. The Navajo Nation in late January agreed to let Energy Fuels transport uranium ore from its Pinyon Plains Mine in Arizona to its mill in White Mesa, Utah. Neither party has released the agreement, calling it confidential, they have described what it says in broad terms, and a transport policy, overseen by the United States Forest Service, details plans in case of an emergency. Two to three truckloads a day are making the trek across the western edge of the Navajo Nation into Utah, officials have said at recent public meetings. That number could increase to 10, said Stephen Etsitty, director of the Navajo Nation Environmental Protection Agency, at recent chapter house meetings, according to video attendees shared on social media. In exchange, Energy Fuels agreed to pay the Navajo Nation $1.2 million and also clean up as much as 10,000 tons of material from old uranium mines for free. Energy Fuels would also pay the nation 50 cents per pound of uranium processed at the mill. Energy Fuels also owns the Roca Honda mine near Mount Taylor in New Mexico. The shortest route from Roca Honda to the White Mesa Mill in Utah also runs through the Navajo Nation. Energy Fuels spokesperson Curtis Moore declined to say exactly what the transport agreement said regarding the Roca Honda mine, citing the agreement's confidentiality. But he did acknowledge the agreement contemplated the New Mexico mine's eventual operation. 'If Roca Honda were to proceed, we agreed to take quite a bit more cleanup material at no charge to the Navajo Nation,' Moore said in an email Friday to Source New Mexico. Cheyenne Antonio, an advocate with Diné C.A.R.E, told Source that she asked Navajo Nation officials at a recent meeting about the prospect of uranium transport in New Mexico. She said Stephen Etsitty, executive director of the Navajo Nation Environmental Protection Agency, told her that no roads had been approved yet in New Mexico for uranium transport. Etsitty told Source New Mexico on Monday that it's far too early to say what the route could be, but that the Cibola National Forest has presented some options in old draft environmental impact statements in the mine. Estimates Etsitty has reviewed show that far more trucks would cross the Navajo Nation each day from the Roca Honda mine, based on assessments of the amount of uranium could produce. Between 50 and 60 trucks a day is the maximum, Etsitty said. The Navajo Nation has, for years, opposed the development of any mine near Mount Taylor, known as Tsoodził in Navajo, Etsitty said. But if the Roca Honda mine is approved, Etsitty said the new transport agreement contains 'a framework' that would require Energy Fuels to remove 30,000 more tons of abandoned uranium mine material, on top of the 10,000 tons the company has already promised to remove as part of the Pinyon Plains transport agreement. Energy Fuels pushed for the provision, Etsitty said, because the company believes it is far enough along in getting that mine approved that it was necessary. 'We looked at it and and we agreed, but we also stipulated that we were not waiving, we were not pre-judging, nothing was pre-decisional,' he said in a phone interview Monday with Source New Mexico. 'Meaning that we were not agreeing with them that we support the Roca Honda project. Because we reserved our right to comment fully and vigorously on that project.' The company has listed the Roca Honda project as in the 'advanced' stage of permitting on its website, but the website has said that since at least 2019, according to the Internet archive. Antonio and Leona Morgan, who heads up Haul No!, a group opposing the transport agreement, organized a small gathering at an Albuquerque library on Thursday to discuss the latest on uranium mining in Arizona and New Mexico and brainstorm ideas to oppose its extraction and transport. 'My question,' Morgan asked those in attendance, 'is what is our solution to fighting it? How are we going to deal with it? How are we going to beat this monster?' Uranium mining between the 1940s and the 1970s in and around the Navajo Nation left cancer and pollution in its wake. Companies operating in the area back then abandoned hundreds of uranium mines that continue to poison groundwater and otherwise hurt public health. So the prospect of new mining and its transport has incensed members of the Navajo Nation, Antonio said. At a meeting late last month at the Mexican Water Chapter in Utah, one elder woman spoke up to say, in Navajo, that the agreement amounted to the tribe killing the Navajo way of life without members' input. 'You agreed to kill our whole Navajo universe without our consent,' the elder said, according to Antonio's translation. Moore, the Energy Fuels spokesperson, noted that the company had nothing to do with the legacy uranium mines, which were drilled to produce weapons material, and that it is doing its part as 'good samaritans' to clean up the old companies' messes. 'Our uranium is only used for clean, carbon-free … nuclear energy, not weapons,' Moore said. While outside observers and both parties to the agreement agree many hurdles remain in the way of the state's first new uranium mine in more than 50 years, they see the transport agreement as the latest domino to fall. Already this year, Cibola National Forest officials deemed the Roca Honda mine a 'priority project,' following an executive order from President Donald Trump seeking to boost domestic energy production. Trump's pushes to make public lands profitable and his newly announced tariffs could also point in the direction of new uranium mines here, Moore said. 'Roca Honda is a large and high-grade uranium deposit that could enhance U.S. energy independence considerably,' Moore said. 'We are not sure what the executive orders mean yet in terms of concrete actions. However, the Trump administration is moving quickly to reduce America's dependence on Russian and Chinese uranium and rare earth imports, which are the two commodities Energy Fuels produces today.' Long-stalled NM uranium mines now 'priority projects' at Cibola Forest, leader tells employees As for tariffs, Moore said the taxes on imports could 'support domestic uranium and rare earth production.' Also, the price of uranium has risen steadily since 2020, including cresting at a little more than $100 a pound last January. That's close to the point at which new mines are profitable, according to Eric Jantz, legal director at the New Mexico Environmental Law Center. Etsitty, speaking to a small crowd gathered at a chapter house in Crownpoint last month, said the price hitting $100 last January is what prompted the new speculation in and around the Navajo Nation. 'That's what drives all of this. When people say, what is this all about? Is it just about money? Yes, it's just about money to the industry,' Etsitty said. Moore said regulatory review can take years, even decades, for a new mine, especially if anti-mining interests get in the way. 'Anti-nuclear and anti-mining interests can severely delay good domestic mining projects,' he wrote. 'Therefore, we would welcome any shortening of permitting timelines, and reductions in 'lawfare' and nuisance lawsuits, to get domestic critical mineral projects into production to support energy, economic and national security quickly.' Navajo Nation officials have defended the agreement as the best deal they could strike in the face of a lawsuit they feel they would likely lose. In the Crownpoint meeting and a question-and-answer virtual meeting shortly after they struck the agreement, Nation officials cited the Supremacy clause of the United States Constitution, which they said pre-empts the tribe's right to restrict uranium transport over roads that course through the Navajo Nation. 'We are supportive of the overarching desire to not have these functioning and operating, but we can't stop it,' Etsitty said in the meeting. 'So now we're trying to manage it.' Source New Mexico is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Julia Goldberg for questions: info@ SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
14-02-2025
- General
- Yahoo
‘We were duped': Uranium shipments begin across Navajo land
Navajo Nation Executive Director Stephen Etsitty holds a radiation monitor device up to the back of one of the two uranium ore haul trucks from Pinyon Plaine Mine on Feb. 12, 2024. Before the trucks could pass through Navajo land, they needed to be inspected near the entrance of Cameron, Arizona, the starting point of the haul route across the Navajo Nation. Photo by Shondiin Silversmith | Arizona Mirror Fourteen days after the Navajo Nation and Energy Fuels, Inc. signed an agreement allowing the transport of uranium ore across Navajo land, semitrucks carrying 25 tons of uranium ore from the Pinyon Plain Mine passed through Navajo land, marking the beginning of the daily truck hauls 'We are now implementing the agreement,' Stephen Etsitty, the executive director of the Navajo Nation Environmental Protection Agency, said during a Naabik'íyáti' Committee meeting on Thursday. Hauling officially started on Feb. 12, the earliest date possible under the agreement, which requires the mining company to give the Navajo Nation 14-day notice of its transportation plans. Etsitty said that the mining company provided notice on Jan. 29 of its transportation plans for the remainder of February. There will be two trucks a day to start, with an increase to four trucks by the end of February. Notification for March's transportation schedule will be shared with Navajo officials later this month. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'We are now conducting the safety and monitoring inspections,' he said. Those inspections, which are authorized by the agreement, will take place in Cameron. As the first two semitrucks hauling uranium ore in silver trailers covered by a tarp rolled down Highway 89 toward Cameron around 10:30 a.m. on Feb. 12, they were directed to a designated area for inspection by the Navajo Nation EPA. The Arizona Mirror traveled the 320-mile route that uranium ore will travel from the Pinyon Plain Mine near the Grand Canyon to a mill near Blanding, Utah. This is the first of five stories about that route and the communities that the uranium will travel through. Part 1: Trucks roll down 'Killer 89' Part 2: Moving uranium through sacred Havasupai lands Part 3: Navajo people left in the dark Part 4: Fighting the mill Part 5: No emergency plan The Navajo Nation Police and EPA set up at the entrance of Cameron — the starting point of the haul route through the Navajo Nation — to conduct a safety inspection of the trucks. Each had one driver, and the trucks were followed by two additional pickup trucks with representatives from the trucking and mining company. Etsitty and Navajo Environmental Law Officer Arnold Maryboy were the certified inspectors on site, and several Navajo Nation police officers were on the scene to observe and monitor the inspection. Etsitty and Marboy had a checklist of regulatory requirements established by the U.S. Department of Transportation and the Arizona Department of Transportation, which they used for the inspection. 'What we did today was basically verify compliance with the existing regulatory requirements that are in place (and) that the company is trained and responsible for,' Etsitty said in an interview with the Arizona Mirror after the inspection on Wednesday. The regulations are part of the U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA), which regulates and ensures the safe and secure movement of hazardous materials. Etsitty and Maryboy's first steps in the inspection were to verify all the technical information about the haul, such as the bill of lading for the radiation detection scans and truck and trailer identification numbers, to confirm that the Navajo EPA had the correct data. Once all that information was verified, Etsitty said that they spoke with the truck drivers, asking whether they had hard copies of the transportation emergency plan from the trucking and mining companies and their emergency spill kits, which are both used in case of an accident. Etsitty said those plans include essential contacts within the Navajo Nation, including the Navajo Nation Division of Public Safety, Navajo Fire and EMS departments, and the Navajo EPA. After verifying the documents and equipment, Etsitty and Maryboy inspected the trailer carrying the uranium ore. They started by checking the trailer's weight to verify they were not overloading the trucks and abiding by the 25-ton limit. Then they checked the visual placement of the placards and signage to ensure they were in the correct locations. The trucks have yellow radioactive placards on all four sides of the hauling trailers. 'RADIOACTIVE MATERIAL USE ONLY. RADIOACTIVE LSA' was painted in all-black letters on a small panel on the side of the hauling trailer near an orange marker light. The tarps covering the trailers were next inspected. Etsitty said they were checked for significant damage or misplacement. The inspection finished with a gamma radiation reading. Etsitty took readings on each side of the trailers using a Ludlum Model 19 Radiation Monitor. He said that they collected readings to compare with those taken from the mine. 'The levels that I was recording today were all well below the maximum allowable limit,' Etsitty told the Mirror, noting that the highest radiation reading was 13, while the regulated maximum allowed is 200. About 30 minutes after the inspection began, the trucks were back on the road. From what they checked on the trucks and trailers at the inspection point, Etsitty said that the trucking and mining companies comply with the U.S. DOT regulations, which are the primary rules they must follow. However, he said he wouldn't be completely satisfied until they verified that the haul trucks had safely left the Navajo Nation and delivered to the White Mesa Mill near Blanding, Utah. Etisitty got that notice about 3 hours later. Seeing the first haul trucks pass through the Navajo Nation on Wednesday left Etsitty with mixed emotions. He said he was pleased with the procedural aspects of the situation because they performed the inspection properly and executed everything correctly. However, Etsitty said he understands that people are angry and hurt by what is happening because of what the legacy of uranium has done to the Navajo people. 'I'm no different. I share a lot of the same stories,' he said. But, Etsitty explained, he holds a leadership position that adheres to the statutes and laws of federal, state and tribal governments that guide decisions. 'When you have to work in that type of regulatory and policy environment in Indian affairs, decisions are oftentimes displeasing to the populace,' he said. The agreement between the Navajo Nation and Energy Fuels was announced on Jan. 29, nearly six months after the mining company voluntarily halted transportation following their first transport through the Navajo Nation without notifying the tribe. The company started negotiations with the Navajo Nation in August 2024 after the tribe condemned its actions. As the executive director of the Navajo EPA, Etsitty has been involved in those negotiations since the beginning. Although the Navajo Nation has a law prohibiting the transportation of uranium across their tribal land, there are exceptions. For instance, the approved route for the transportation of uranium ore is along roadways under the jurisdiction of state and federal agencies. The tribe does not control the right of way for State Routes 89 and 161, the roadways on the Navajo Nation on which haul trucks will travel. Therefore, the tribe can not block transportation because it lacks jurisdiction. 'We can ban uranium transport on a lot of other roads on the Navajo Nation,' Etsitty said. 'We just couldn't do it outright on these federal and Arizona state-granted rights of way highways.' Another exception is how federal law prohibits states and tribes from banning the transportation of radioactive and other hazardous materials under a legal doctrine called preemption. Essentially, when two bodies of law conflict, the law of the higher authority displaces the law of the lower authority. Etsitty said the tribe considered its legal options and ultimately decided the best course of action was to negotiate an agreement with the mining company rather than enter a legal battle it was unlikely to win. 'How can we push back? How can we fight? If we go to court, are we gonna win? What does this mean for our sovereignty?' he said of the questions that Navajo leaders had to weigh as they decided what to do. In the end, Etsitty said the best option was to develop an agreement with the mining company that benefited the Navajo Nation. The Navajo EPA has primary oversight responsibilities for transport, but the Navajo Nation and the mining company have not released the signed agreement to the public. Etsitty said the work the Navajo EPA is doing through this agreement is a good step in the right direction for this particular industry, and shows that the Navajo Nation has a role in it. 'You may not like it. You may think that you have all the approvals you need to bypass us, but if you're going to engage and impact any of our lands and our communities, you need to come work with us and work through these things with us,' he said. When Treina Jones learned that the haul trucks from Pinyon Plain Mine would start driving through the Navajo Nation, she set up near the main intersection of State Route 191 and 264 in Tuba City to greet them. 'I was there holding up my banners for the truck drivers to see,' Jones said. She posted a large banner on the side of her truck that read, 'Stop Energy Fuels. Haul No,' with a radioactive symbol on each side. Jones said as she watched the trucks pass by, she thought about how it affects the whole community by risking the health of the Navajo people. She said it's devastating that haul trucks will pass through her community daily, but she plans to be out along the route with her banners. 'The most we can do is to educate ourselves, be here for our community, listen to our community and try to help by providing resources,' Jones said. She co-founded Bidí Roots, a grassroots group working to provide information to Navajo communities about the recent agreement signed by the Navajo Nation and Energy Fuels. The group will host an awareness walk on Feb. 22 in Tuba City. Jones said they collaborate with HaulNo!, a volunteer-led grassroots group that spreads awareness and stimulates action within Indigenous communities about nuclear issues impacting the Southwest. She got involved with the work after spending time last year working on campaigns where they visited communities along the haul route to provide information about the Pinyon Plain Mine and the planned hauling. Hearing the stories from elders and community members pushed Jones to learn more and continue the work because 'they were scared about this transportation.' She said she remembers how Navajo Nation President Buu Nygren condemned the hauling of uranium across tribal land last year. She said she even walked with him and First Lady Jasmine Blackwater-Nygren during an awareness walk held in Cameron about uranium mining and its transport. 'I hoped that Navajo Nation President Buu Nygren would stick to his word,' Jones said. 'I was happy to stand by him, and I was positive that he would protect his people, be here for his people and be the voice for his people.' But Nygren has stopped advocating for them, Jones said, which makes her angry and frustrated because tribal leaders have a duty to inform the community about what was happening. HaulNo! co-founder Leona Morgan and other volunteers have worked to raise awareness, educate and inspire resistance to uranium threats, specifically those surrounding Pinyon Plain Mine, White Mesa Mill and the transportation between the two. Morgan said she hopes the Navajo people will see that this uranium transport is going to open up the tribe to more, and it's up to the people to hold the tribal government accountable. 'It's heartbreaking that this is happening,' Morgan said, adding that it is being allowed to happen by entities on and off the Navajo Nation. 'The most heartbreaking part is our own (Navajo Nation) government doesn't have our back.' Morgan said last year when the temporary pause in hauling and the Navajo Nation's updating of its laws regulating uranium transport were moves to help the tribe uphold its sovereignty. But then the tribe agreed to let the ore travel through its land. 'I feel like we were duped,' she said. 'Essentially, what the Navajo Nation has done is become compliant in Energy Fuels and the United States Department of Energy's plan to expand the White Mesa mill to process rare earth elements,' Morgen said, adding that they are using critical minerals and the advancement of national security as an excuse to make 'the biggest radioactive dump in the Southwest.' Morgan said the Navajo Nation entering this agreement did not only hurt their tribe but other tribal nations in the region, such as the Havasupai, the Hopi Tribe, the Hualapai and the Ute Mountain Ute. 'All our neighbors are really upset,' she said. The Havasupai Tribe and the Ute Mountain Ute Tribe have openly condemned the transportation of uranium along this haul route, the Pinyon Plain Mine and the White Mesa Mill. Morgan invited Yolanda Badback from the Ute Mountain Ute tribe to speak during a community forum webinar on Feb. 4. Etsitty participated in the webinar and provided details about the agreement to attendees before Badback spoke. Badback criticized the agreement's provision that the mining company will dispose of waste from abandoned uranium mines at White Mesa Mill, located only a few miles north of the Ute Mountain Ute tribal community of White Mesa. Energy Fuels agreed to accept 10,000 tons of uranium mine waste from abandoned uranium mines in the Navajo Nation and transport it to the White Mesa Mill, which Energy Fuels owns, for processing and disposal at no cost to the tribe. 'Why don't you want to contaminate your own reservation and contaminate another reservation?' she said of the Navajo government's decision. 'We need to collaborate with each other and try to stop this from harming our people and harming our communities.' Badback said they don't want uranium ore or waste near her tribe's community, which is only a few miles from the mill and already experiencing contamination. 'My community is small. We're not big like other reservations,' she said, adding that it hurt her to hear that uranium waste would be moved from the Navajo Nation to the mill near their home. 'You're hurting your own tribe,' Badback said. 'You're hurting other tribes, as well, by having them haul it through on Highway 191.' During the webinar, Etsitty said that he has become more aware of the efforts of other tribes in the region. They have all been trying various things to stop mining and transportation, including advocating for an updated environmental impact statement. But it is unclear what may come of those efforts. Etsitty said that, through the agreement, the Navajo Nation was able to gain the ability to monitor and track transportation to improve safety along the route. He said the sad reality is that the mining company did not need the Navajo Nation's approval to transport the uranium because it already had all the state and federal approvals it needed. 'We were able to take advantage of their willingness to sit down with us and to work out this agreement for the protection of the communities that this material is going to go through on the Navajo Nation,' Etsitty said. 'I know that every Indian nation across the United States that has to deal with environmental justice issues works very hard to do the same thing,' he added. 'Sometimes, we're able to work together. Sometimes, we do things independently.' Since the agreement was signed, Etsitty said he has been working on sharing more information about the agreement with Navajo leaders, including the Navajo Nation Council, chapter officials and community members. Etsitty has met with some of the chapter house officials along the route, and he has provided reports to tribal committees, including the Navajo Utah Commission, the Law and Order Committee, the Resources and Development Committee and the Naabik'íyáti' (NABI) Committee. Concerns the NABI committee raised during its Feb. 13 meeting focused on the lack of transparency regarding the agreement's details and negotiation process. Navajo Nation Acting Deputy Attorney General Kris Beecher provided the committee with a printed document of the entire agreement after calls from committee members to do so. He told the committee that the document includes a confidentiality clause, and if they wanted to discuss the agreement in further detail, an executive session would be needed. Beecher requested that the document not be shared with outside parties and that the council delegates refrain from taking photos of the agreement. Copies of the agreement were returned at the end of the meeting. Navajo Nation Council Delegate Eugenia Charles-Newton called on the Navajo DOJ to provide the exact citation they relied on when referencing how the tribe could not waive federal preemption. 'I need to know the citation that is being referenced to that is saying that we didn't have a choice because of preemption,' she said. 'We always have a choice. That is what we pay DOJ the big bucks for.' Charles-Newton also questioned who negotiated the agreement, and bristled at the document's declaration that the Navajo Nation had signed off on the terms. Various Navajo codes generally define the Navajo Nation as the president, vice president, council delegates, and chapter, and she noted that the 'council did not enter into these agreements.' 'I don't like the agreement, and I don't like that I was not allowed to make a statement on this issue, and now this contract is already in place,' she said. 'I challenge the legality of this contract.' Charles-Newton also expressed her disappointment in the transparency of information for the Navajo public. There were no public hearings about the negotiations and agreement, and nothing but silence from the Navajo Nation President's office — not even a press release informing the public that the contract was finalized. President Nygren released a statement on social media about the agreement, emphasizing his 'immediate action' after the hauling started last summer, including signing an executive order prohibiting the transportation of uranium ore across tribal lands. Nygren said that the Navajo Department of Justice led negotiations to ensure the Navajo peoples' concerns were addressed. 'This agreement reflects our Nation's commitment to protecting our people and asserting our sovereignty,' Nygren said in a post on the social media platform X on Feb. 13. In his post, Nygren confirmed that Acting Attorney General Heather Clah signed the agreement on behalf of the Navajo Nation. He said that Clah acknowledged Energy Fuels for negotiating in 'good faith' and recognizing the 'deep trauma' uranium has caused Navajo communities. Nygren's post is his first public response to the agreement since it was signed on Jan. 29. He condemned the transportation of uranium ore through the Navajo Nation in July 2024 when the mining company sent two haul trucks across tribal land with little notice to the tribe. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
29-01-2025
- Business
- Yahoo
Navajo Nation reaches agreement with mining company over uranium ore transport
A view of the Pinyon Plain Mine near the Grand Canyon. The mine has operated since the 1980s but mined its first batch of uranium ore in 2024. Photo by Blake McCord via Grand Canyon Trust After months of negotiation, the Navajo Nation and Energy Fuels Inc. have signed an agreement allowing the transport of uranium ore along federal and state highways throughout the Navajo Nation, with transportation set to resume in February. 'We have a settlement agreement that will allow the Navajo Nation to monitor and inspect the haul trucks and that provides financial compensation for the expenses to improve safety and protect the environment,' Stephen Etsitty, executive director of the Navajo Nation Environmental Protection Agency, said in a press release. The agreement comes nearly six months after Energy Fuels, Inc., voluntarily halted transportation following the company's first transport through the Navajo Nation with little notice to the tribe. The company then entered into negotiations with the Navajo Nation in August 2024 after the tribe condemned their actions. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Energy Fuels President and CEO Mark Chalmers said he is honored that the Navajo Nation is willing to work with the company in good faith to 'address their concerns and ensure that uranium ore transportation through the Navajo Nation will be done safely and respectfully.' The agreement has not been made public, but a press release issued by Energy Fuels outlines some of the details. The mining company said it has agreed to add additional protections and accommodations in addition to the existing U.S. Department of Transportation requirements, which include limiting transportation to specified routes and hours of the day and not transporting on days involving celebrations or public events. The company also said it would follow clear emergency response procedures, abide by notice and reporting requirements, carry additional insurance and give its drivers extra training and qualifications, including obtaining Navajo Nation transport licenses. The company also said it agreed to use state-of-the-art cover systems — instead of the tarps it had previously said it would use — to prevent uranium ore dust from blowing out of transport trucks, establish provisions for escorts and blessings at the discretion of the Navajo Nation, and additional inspection procedures that will enable the Navajo Nation to ensure that all applicable rules and agreements are being satisfied. 'We appreciate the sincere approach the Energy Fuels' negotiation team took with the Navajo Nation,' said Heather Clah, acting attorney general of the Navajo Nation. 'They demonstrated a genuine understanding for the Navajo Nation's and the Navajo People's trauma regarding uranium and engaged as a partner in good faith to build a trusting relationship.' The Navajo Nation stretch of the Pinyon Plain Mine's approved uranium ore transportation route is more than half of the roughly 320-mile journey, with a total of 174 miles traveled on major state routes through Navajo land. 'This agreement isn't just about resolving a conflict; it's a commitment to protecting future generations, respecting Tribal sovereignty and ensuring that all voices are heard and valued,' Gov. Katie Hobbs said in a press release. 'Today marks an important step forward for our communities and shows what is possible through collaboration, partnership, and a shared commitment to public safety,' Hobbs added. 'I'm proud to have brought Energy Fuels and Navajo Nation to the table so they could come to an agreement that addresses the Nation's long-standing concerns and includes enhanced emergency response plans.' As part of the agreement, Energy Fuels committed to transporting up to 10,000 tons of uranium-bearing cleanup materials from abandoned uranium mines across the Navajo Nation. They have also agreed to support the Navajo Nation's transportation safety programs, education, environment, public health and welfare, and local economic development related to uranium issues. Details about the specific type of support were not provided. 'We are proud to be a part of a historic agreement with the Navajo Nation, and we are committed to fulfilling our promises to them,' Chalmers said. 'We hope this agreement marks the beginning of a constructive relationship that restores trust with our neighbors while also paving the way for future collaborations on cleanups and other areas of shared interest.' According to Energy Fuels, the company has safely hauled several hundred thousand tons of uranium ore and other materials along state and federal highways that cross the Navajo Nation between 2007 and 2024, with no incidents resulting in the spillage or release of ore. 'Measures outlined in the agreement provide additional layers of protection for the Navajo and others, beyond the rigorous standards set by the USDOT,' the company stated in a press release. SUPPORT: YOU MAKE OUR WORK POSSIBLE
