Hydro Resources, Inc. uranium mines

Location: Church Rock, Crownpoint

Opposing Parties: Hydro Resources Inc.

Initiation Date: September 1996

Status: On-going

Clients/Partners: Eastern Diné Against Uranium Mining (ENDAUM) and the Southwest Research and Information Center (SRIC)

Attorneys: Eric Jantz

Issues:

Appearing in proceedings before the Nuclear Regulatory Commission to stop the operation of an in-situ leach uranium mining operation that will contaminate the sole drinking water source for 15,000 Navajo citizens.  Federal appeal of license filed in February, 2006.

This case marks the first time that a community has sued the Nuclear Regulatory Commission (NRC) over the issuance of an in situ leach (ISL) uranium mining license.  This case also marks the first time that the NRC has issued a license for mining in a high-quality drinking water aquifer, despite the fact that no ISL mines have ever been reclaimed to pre-mining condition.  (In fact, the Crow Butte mine in Nebraska, which the NRC has described as a “model reclamation” in the past, was fined $1 million in July 2008 for groundwater contamination.)

At Stake:

“It’s not over.“ 13 years fighting uranium mining in NM.

DreamingNewMexico, Oct 10 2008

Latest News:

05/18/2010 - The 10th Federal Circuit Appeals Court denies request for En Banc Rehearing.

04/22/2010 - Law Center files Petition for Panel or En Banc Rehearing to the 10th Federal Circuit Appeals Court.

03/08/2010 - The 10th Federal Circuit Appeals Court in Denver, CO returned with their decision upholding the NRC license allowing HRI to mine for uranium in Crownpoint’s municipal water supply.

05/12/2008 - Oral arguments are heard in 10th Circuit Court of Appeals in Denver, CO. Currently we are waiting to hear judges decision.

Case Files:

05/18/2010 - 10th Circuit Court Order Denying En Banc Rehearing

04/22/2010 - Petitioners’ Petition for Panel or En Banc Rehearing

03/08/2010 - Federal 10th Circuit Appeals Court Opinion. Judge Carlos F. Lucero’s dissent.

11/05/2007 - Petitioner’s Reply Brief

06/22/2007 - Petitioner’s Opening Brief