PRESS RELEASE: 10th Circuit Court Refuses to Review NRC Decision
SANTA FE, N.M. – In a four sentence order yesterday, the US 10th Circuit Court of Appeals refused to review a panel decision in community members’ appeal of the Nuclear Regulatory Commission’s (NRC) decision to grant Hydro Resources, Inc. a license to mine uranium in Crownpoint and Church Rock.
Eastern Navajo Dine against Uranium Mining (ENDAUM), Southwest Research and Information Center (SRIC), and the NMELC, have been fighting the NRC and Hydro Resources, for the past fifteen years, demanding that they keep out of Navajo communities in New Mexico.
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Learn more about the Hydro Resources, Inc. uranium mines case.
During the administrative proceeding where the NRC granted the license, ENDAUM presented convincing evidence that Hydro Resources’ operations will contaminate large areas of groundwater, including the primary drinking water source for approximately 15,000 people in the Eastern Agency of the Navajo Nation.
ENDAUM argued that the NRC changed its interpretation of its regulations governing radioactive air emissions to accommodate HRI’s operations, which would result in exposing Church Rock residents to levels of radiation in excess of regulatory limits. However, in March 2010, a three judge panel refused to overturn the NRC’s licensing decision and on Tuesday, May 18 the full 10th Circuit refused to rehear ENDAUM’s arguments.
“This is sad day for justice,” said Eric Jantz, Staff Attorney at the New Mexico Environmental Law Center. Jantz represented ENDAUM in the NRC administrative proceeding and the 10th Circuit appeal. “The evidence was clear that wholesale groundwater pollution and radioactive air contamination will result from HRI’s mining operations, but based on a legal technicality, the 10th Circuit has allowed this injustice to continue.”
“Even though the 10th Circuit failed to be a check on the NRC’s power,” adds Jantz, “the community will not give up the fight – we’re reviewing further legal options and will continue resisting HRI’s proposed mines.”
“It’s like a kick in the guts,” said ENDAUM member Larry King. “It’s a disappointing decision, but we’ll continue to oppose any new uranium mining in our community.”
“I’m very disappointed, but I think there are other ways to stop these mines.” says Mitchell Capitan, ENDAUM co-founder.
INTERVIEWS AND IMAGES ARE AVAILABLE UPON REQUEST
CONTACTS:
Jennifer Marshall
505-231-1776
Eric Jantz, New Mexico Environmental Law Center
Staff Attorney
505-989-9022