Uranium ore trucks on hold in Navajo Nation

by David Boyle
News Director
Energy Fuels began and then paused its transport of Uranium ore from its Pinyon Plain Mine in Arizona to the White Mesa Mill in San Juan County last week.
The pause of transport of Uranium came after Navajo Nation President Buu Nygren issued an executive order requiring an agreement to be in place before radioactive materials are transported through the Navajo Nation.
Transportation from the mine located south of the Grand Canyon to the White Mesa Mill began on July 30.
While historic mining, transportation and milling of Uranium has had devastating health effects on local communities, Energy Fuels President and CEO Mark Chalmers notes that modern uranium ore hauling is safe.
“Tens of thousands of trucks have safely transported uranium ore across northern Arizona since the 1980s with no adverse health or environmental effects,” Chalmers said. “Materials with far greater danger are transported every day on every road in the county. Ore is simply natural rock. It won’t explode, ignite, burn or glow, contrary to what opponents claim.”
The company also said they went “above-and-beyond what is required by law to inform and engage communities along the route, including Tribal leaders, on safety measures and emergency response.”
Energy Fuels says those efforts included a multi-stakeholder briefing held on July 19 attended by Federal, State, County, and Tribal officials.
“It was at these meetings where we provided extensive information on legal requirements, safety, and emergency response,” added Chalmers.
President Nygren shared in a statement that he learned of the transportation of Uranium across the Navajo Nation just before Noon on July 30.
“What was very disappointing today is that we were under the assumption that we would get 10 days or two weeks heads up if that this was going to happen,” he said. “Then, at the same time, we were made aware that transportation was not going to happen until October or November.”
Nygren issued an executive order on July 31 requiring an agreement to be in place prior to the transport of radioactive material through the Navajo Nation.
Nygren cited two Navajo Nation Acts in the order.
The Navajo Nation Natural Resources Protection Act of 2005 which places a moratorium on uranium mining on the Navajo Nation and the Navajo Nation’s 2012 Radioactive and Related Substances Equipment Vehicles, Persons, and Materials Transportation Act, which prohibits the transport of uranium mining products within the Navajo Nation unless it complies with requirements including Transportation Notice.
Since issuing the executive order, both the Navajo Nation and Energy Fuels have begun collaborating with Arizona Governor Katie Hobbs.
In a statement Energy Fuels shared they had voluntarily agreed to temporarily pause ore transport on August 2.
The statement reads “While Energy Fuels can legally restart transport at any time, pursuant to the current licenses, permits, and federal law, the company understands and respects President Nygren’s concern for his People, and wants to assure them that the company fully complies with all applicable laws and regulations. The U.S. has adopted the highest international standards for the transport of such materials, which are in place to protect human health and the environment.”
The statement further reads “While Energy Fuels has already gone above and beyond any legal requirements, we are willing to voluntarily pause transport to work together to provide additional information and education to the Navajo President and learn what more can be done to alleviate any remaining reasonable concerns he may have,” Chalmers continued. “We want to ensure those who may have concerns feel safe and understand that the loads we are transporting pose no threat to the community or the environment.”
In a statement, Navajo Nation Attorney General Ethel Branch said the Nation is in the process of developing regulations that would allow the safe transport of uranium across the Navajo Nation.
“Even though there is a state right of way for some of the path that the trucks will be taking across the Nation, that doesn’t mean that we don’t have any right to regulate that territory,” she said. “It’s still Navajo trust land. It’s still Navajo sovereign territory.”
She said the Navajo Nation government and the Navajo President have the right and authority to protect the health, safety and welfare of the Navajo people.
“When it comes to uranium, that is something that we absolutely want to protect against in terms of additional radiation exposure for our community and additional disproportionate burden of the legacy of uranium on Navajo Nation,” Branch said.