Indigenous Nations vs. Nuclear Development

We know that both the Biden and Trump Administrations’ push for an “all the above” strategy for energy production includes nuclear power, with nuclear claimed to be a “green alternative” to fossil fuels.  This is leading to increased uranium production and processing, along with attempts to solve the storage problem by pushing for a site in southeastern New Mexico near the Texas Panhandle border.  

All this is having an impact on Indigenous Nations from New Mexico to South Dakota, where new proposals for mines within Indigenous reservations and sacred sites (Black Hills, Grand Canyon, New Mexico, Nevada, etc.).  Nuclear processing has ruined the lands of the White Mountain Ute/White Mountain Community to a point where they can no longer practice their subsistence culture on their lands.  Indigenous activists and tribal governments are working to stop this increased activity, while trying to get proper cleanups of lands already contaminated.  All of this tribal effort is now impacted by the Trump Administration’s attempted abolition of NEPA jurisdiction for both new extraction and waste cleanup.  Activists and tribal governments continue to bring this to the attention of the UN, but this effort is not yet having the desired effect.

Here’s an excerpt from a September 2024 story in the Navajo-Hopi Observer, summarizing current struggles faced by the Havasupai people in Arizona:

Uranium mining has been a point of contention for Southwest tribal nations for decades.

The Navajo Nation faced uranium exposure from mining that was conducted before the Cold War leading to various health issues, such as increased lung cancer rates.

In the early 1980s, thousands of uranium mine claims were submitted for areas within Kaibab National Forest and around the Grand Canyon; most were denied. In October 1984, Energy Fuels submitted a Plan of Operations to mine uranium from the Pinyon Plain Mine, formerly known as the Canyon Uranium Mine.

The U.S. Forest Service completed an environmental impact statement to evaluate and modify the operation plans, and in 1986, the mine was approved and exploratory drilling began. The mine contains 1.6 million pounds of uranium, one of the largest deposits in the United States, according to Energy Fuels.

The Pinyon Plain Mine is between the Grand Canyon’s South Rim and Red Butte, a traditional cultural property in the Kaibab National Forest. The mine also sits atop the Redwall-Muav aquifer, the primary source of groundwater for the Grand Canyon.

The Havasupai and neighboring tribal nations fought the mine in court, but an appeals court affirmed the decision to allow mining in August 1991. Fluctuating uranium prices delayed interest until a surge in 2007.

Once again, thousands of uranium mine claims came pouring in, rekindling the Havasupai’s fight to protect their traditional lands. In December 2023, Energy Fuels announced in a news release that it had commenced production at the Pinyon Plain Mine.

Despite heavy opposition from local tribal nations and advocacy groups, including the Sierra Club Grand Canyon Chapter and Grand Canyon Trust, Energy Fuels said they are doing everything as safely as possible. Studies and analysis conducted by the Forest Service and Arizona Department of Environmental Quality concluded that the mine poses little risk of contamination to any groundwater in the area. Additionally, aquifer protection permits were issued

In August, Arizona Attorney General Kris Mayes called for an updated environmental impact study on the Pinyon Plain Mine. “The most recent environmental impact study is nearly four decades old and relies on outdated data,” Mayes said in a news release.

Energy Fuels has come under fire over the controversial hauling of ore across the Navajo Nation from the mine to Utah. Energy Fuels said in the past it would give notice before it began shipping the ore, but on July 30, the first shipment made its way to the White Mesa Mill in Utah – angering Navajo Nation leaders.

Navajo Nation President Buu Nygren issued a temporary ban on the transportation of ore through their tribal lands, and negotiations are ongoing to resolve the issue. As uranium production and extraction continue at Pinyon Plain Mine, organizations and Arizona’s tribal nations will continue their efforts against the mine.

“If we don’t advocate, then someone else will get hurt, some elder will get hurt … if we didn’t advocate enough, then it was partially our doing,” Carletta Tilousi, a lifelong opponent of uranium mining, said.

Editor’s Update:

The  Navajo Nation in late January 2025 agreed to let Energy Fuels transport uranium ore from its Pinyon Plains Mine in Arizona to its mill in White Mesa, Utah. An exception to the Navajo Nation law, prohibiting the transportation of uranium across their tribal land, cites that the transportation of uranium ore is along roadways under the jurisdiction of state and federal agencies. In exchange, Energy Fuels agreed to pay the Navajo Nation $1.2 million and 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.

However, many Navajo feel duped by the actions of the Navajo Nation leadership. Diné/Navajo activist Leona Morgan said that the leadership have “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”. Morgan also said the Navajo Nation did not only hurt their tribe but other tribal nations in the region. 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.