Speaking with one voice -tribes call for cleanup, remediation and an end to uranium mining and milling

The early uranium they mined was for atomic bombs dropped on other brown people far away. Later, the mined uranium was used to fuel nuclear power plants whose radioactive releases increase leukemia rates in children living nearby and whose waste is targeted at, yes, more Native communities. 

By Linda Pentz Gunter, Beyond Nuclear 7 Apr 24

They were there to tell their stories. The contamination of air, land and water. The sicknesses. The displacement. The loss of community, culture and language. The deprivation of fundamental human rights. And they spoke with one voice in their plea for justice, the voice of Indigenous peoples in the United States and their lived experience of uranium mines and mills.

The occasion was a thematic hearing before the Inter-American Commission on Human Rights (IACHR) at the Organization of American States. The topic was: United States: Impacts of uranium exploitation on indigenous peoples’ rights.

The speakers came from Navajo, Arapaho, Havasupai, Ute and Oglala Lakota. 

And, across the room, they came from the Environmental Protection Agency, the Nuclear Regulatory Commission and the Department of the Interior.

The Native American speakers made the same plea they have reiterated for decades: effective cleanup and removal of the radioactive waste that has poisoned their communities and people, and will do so again as long new uranium mines are allowed to go forward. And no new mines.

The personal stories they told the listeners — representatives from the US government, the IACHR panel and members of the public in the audience —were those of universal injustice against Indigenous communities, stories that have been told before and, seemingly, have to be told over and over. They are stories that are listened to and not heard, often not responded to and almost never acted upon. 

“We used to drink the spring water,” said Anfreny Badback of the Ute Mountain Ute Tribe, a member of the White Mesa Concerned Community who oppose operations at the White Mesa uranium mill near Blanding, Utah. “We don’t anymore.”

The mill belongs to Energy Fuels and is the last remaining such facility in the United States. It receives uranium tailings and other radioactive materials for “processing” and dumping. The mill was built right next to the tribal community on top of hundreds of culturally significant sites, a consideration that is routinely ignored.

Teracita Keyanna, a Navajo woman from the Red Water Pond Road Community Association, described how she had to take her family out of their home community because of the health risks to her children due to the continued failure to clean up the radiological contamination from the Church Rock uranium mine and mill. The mill suffered a devastating tailings pond dam break in 1979 that resulted in the biggest accidental release of radioactive waste in US history. As a result of the relocation, Keyanna said, her children are losing touch with their language and culture.

“We are the poorest community in the country but rich in cultural practices” said Tonia Stands, an Oglala Lakota who testified with her small daughter at her side. ……………………………………………………………………….

All of the stories were those of erasure. To be erased does not necessitate a massacre. It can just be decades-long neglect by the US government to make right a terrible wrong. The loss of a safe environment; no access to clean water or healthy food; the neglect of adequate or even any cleanup; the destruction of a culture; the deprivation of tradition and language. All of these constitute a genocide. No one called it that at the hearing. But that is what it is.

From the government spokespeople we heard mainly that they were doing their best; that they had listened; had held consultations; or that it fell outside their jurisdiction. 

But, as Christopher Balkhan from the IACHR panel pointed out, there seemed to be some sort of disconnect between the official regulations “and what is actually happening”. He noted the difference between free, prior and informed consent and consultation. Was the former being offered to these communities? “If not, why not?” he asked.

On the government side, tossed bones were presented as lavish gifts. Clifford Villa, Deputy Assistant Administrator, U.S. Environmental Protection Agency, sought to reassure the communities that cleanup operations in their communities would deliver an abundance of jobs to residents as if somehow the opportunity to clean up a toxic mess not of their making and which had sickened and killed their families for decades should be accepted as some sort of honor. 

Similarly, Bryan Newland, assistant secretary for Indian Affairs at the Department of the Interior, praised the uranium mining carried about by tribes as part of a “long-lasting contribution to the national security of the United States.” 

But it was nothing of the kind. The early uranium they mined was for atomic bombs dropped on other brown people far away. Later, the mined uranium was used to fuel nuclear power plants whose radioactive releases increase leukemia rates in children living nearby and whose waste is targeted at, yes, more Native communities. 

The cleanup requests have “fallen on deaf ears” said Edith Hood, also of the Navajo Red Water Pond Road Community. Many wondered if the same was happening at the IACHR hearing. The collective presentations of both the civil society and government sides were squeezed into 20 minutes apiece, with another 12 minutes for follow-up to questions from the commission.

“I’ve been a leader for 20 years and I have not seen a single response from any state or fed agency to my tribe on our pleas to stop Pinyon mine,” said Carletta Tilousi of the Havasupai Tribal Council at a press conference after the event. She and her tribe are fighting the newly active Pinyon Plain uranium mine at the edge of the Grand Canyon and the headwaters of Havasu Creek, owned by Energy Fuels Resources…………………………………………………….

Eric Jantz, legal director at the New Mexico Environmental Law Center and representing the tribal speakers, summed up their requests in his opening remarks, noting in particular the absence of consent. What they wanted, he said, were three things: 

• For the United States to place a moratorium on all new uranium mining and processing on Indigenous lands or near culturally important sites until it has remediated all legacy waste and implemented laws governing uranium development that are consistent with its human rights obligations; 
• That the US begin phasing out ongoing uranium mining and processing in Indigenous communities. The only exception to this moratorium would be when an Indigenous nation has given its free, prior and informed consent to develop mineral resources within its jurisdiction. Free, informed and prior consent should especially include the right to say ‘no’. 
• Finally, during a moratorium, federal agencies responsible for regulating uranium production and remediation should review and change as necessary their policies, and regulations should be consistent with the United States’ human rights obligations.

………………………………………………………………………………………….. The IACHR can recommend a corrective course to the U.S. government. The big question now is will they?

Watch the full hearing.

Linda Pentz Gunter is the international specialist at Beyond Nuclear and writes for and edits Beyond Nuclear International  https://beyondnuclearinternational.org/2024/04/07/speaking-with-one-voice/

April 8, 2024 Posted by Christina Macpherson | indigenous issues, Uranium, USA | Leave a comment

Tribes condemn start of uranium mining at Pinyon Plain Mine south of Grand Canyon

ADRIAN SKABELUND Sun Staff Reporter, Jan 13, 2024,
 https://azdailysun.com/news/local/tribes-condemn-start-of-uranium-mining-at-pinyon-plain-mine-south-of-grand-canyon/article_13efb3b0-b16a-11ee-973a-c789810e105e.html

Two northern Arizona tribes this week condemned the start of operations at a uranium mine just south of the Grand Canyon.

The statements came after Denver-based company Energy Fuels Inc. announced last month that operations at its Pinyon Plain Mine had commenced.

“It is with heavy hearts that we must acknowledge that our greatest fear has come true,” a statement from the Havasupai Tribal Council read.

Meanwhile, Navajo Nation President Buu Nygren said in a statement that mining remains opposed “by all neighboring tribes that have forever called Grand Canyon their home.”

The Havasupai Tribe, along with many conservation groups, have long worried that the mine could contaminate area groundwater.

The Pinyon Plain Mine, previously known as the Canyon Mine, sits above the Redwall-Muav aquifer, which acts as a source of water for countless seeps and springs throughout the Grand Canyon, and is the sole source of drinking water for the Havasupai.

The mine also sits near Red Butte, an area with deep cultural importance to the Havasupai.

Energy Fuels has insisted that mining poses no risk to groundwater in the area.

Energy Fuels Vice President of Marketing and Development Curtis Moore said last month that the concerns over contamination were unfounded and designed to scare the public and push an antinuclear political agenda.

But those statements provided little comfort to those opposed to the mine.

“As guardians of the Grand Canyon, we the Havsuw ‘Baaja, the Havasupai Tribe, have opposed uranium mining in and around our reservation and the Grand Canyon since time immemorial. We do this to protect our people, our land, our water, our past, our present and our future,” a statement from the Havasupai Council read. “And yet, despite the historic and current assistance and advocacy from numerous allies, and the countless letters, phone calls and personal pleas, our urgent requests to stop this life-threatening action have been disregarded.”

Nygren on Thursday called on the federal government to protect tribes from the impact of new mining.

“I join our neighboring tribes and the many non-Native organizations to implore the federal government to uphold its promise to protect us,” Nygren wrote. “We are very concerned about the impending transport of radioactive materials from the Pinyon Plain/Canyon uranium mine to White Mesa Mill in Utah.”

The statements came as activists say they have observed uranium ore being stockpiled at the mine site.

Moore previously told the Arizona Daily Sun they didn’t yet know when they would begin to haul ore from the mine to the Utah Mill for processing. He said it was likely to begin within the year, however.

In 2012, the Navajo Nation passed a law banning the transportation of uranium ore within Navajo lands. That law does not impact federal highways that cross tribal lands.

There are two potential routes trucks bringing uranium ore from the mine to the Utah mill could take. One would direct trucks through Flagstaff, while a second would utilize ranching roads to skirt north of the city. Still, both routes pass through the Navajo Nation on U.S. Route 89.

Nygren also said he was disappointed that he and other tribal officials only learned mining operations had commenced through media reports, as opposed to hearing the news from federal partners.

“Despite all of our objections through the years, we learn through the media, rather than from our federal trustee — the U.S. Department of Agriculture, U.S. Forest Service and U.S. Department of the Interior/Bureau of Land Management — as would correctly expect, that our land and water will again be threatened with contamination,” he said. “Our relatives, the Havasupai, Hualapai and other tribes along the Colorado River, are bracing themselves for renewed anxiety, worry and constant unease about the safety of their resources and homelands.”

There is a long and controversial history of uranium mining within northern Arizona.

Throughout the Cold War era, nearly 30 million tons of uranium ore were extracted and often processed from Navajo Nation lands. Hundreds of those mines, often near Navajo communities, were then abandoned by the companies operating them.

More than 500 contaminated sites remain across the Navajo Nation.

February 11, 2024 Posted by Christina Macpherson | indigenous issues, Uranium, USA | Leave a comment