Church Rock proposed mine site is on Indian land, court agrees

On April 17, the 10th Circuit Court of Appeals in Denver upheld a decision by the Environmental Protection Agency (EPA) that an approved in-situ leach (ISL) uranium recovery operation in New Mexico was on Indian Land. Hydro Resurces Inc. had challenged a 2007 EPA decision that the proposed ISL facility was on Indian Land, thereby placing the injection wells under EPA jurisdiction. Hydro Resources has already received a license to operate from the Nuclear Regulatory Commission (NRC). The NRC decision is under appeal in federal court. The community has opposed the underground mobilization of uranium and other hazardous elements that would result from the ISL operation, because of the closeness of the projects to sources of drinking water for the Navajo communities in Church Rock and Crownpoint. The ruling resolves an important jurisdictional issue and would apply to other proposed ISLs in the vicinity of tribal lands. For more on this and other uranium issues, see the Uranium Watch Web site.