Uranium Mine on Indian Land? Court Of Appeals Says 'No' - Navajo Nation says 'Yes'

[Bobbieo]

CHURCHROCK – A 10th Circuit Court of Appeals ruling last week that Hydro Resources Inc.'s Section 8 property in Churchrock is not in Indian Country was met with outrage by some members of the Navajo Nation and others who have fought for decades toward cleanup of the Cold War uranium legacy.

The U.S. Environmental Protection Agency, with the Navajo Nation as intervenor, had argued previously before a three-judge panel of the 10th Circuit that because “the community of reference,” or Churchrock, is in Indian country, HRI’s land must be considered Indian country, too.

The panel upheld EPA's classification and HRI petitioned for a full court review. As a result, in the June 15 ruling, six of the 11 judges for the 10th Circuit said they were compelled to vacate EPA's final land status determination.

The ruling means the authority to issue a final underground injection control permit to HRI falls under the jurisdiction of the state of New Mexico instead of EPA.

Don Ewigleben, president and CEO of Uranium Resources Inc., parent company of HRI, said the ruling enables them to immediately seek to renew the permit they had been granted by the state in 1989.

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