Concerns Over New Navajo Nation Regulations for Radioactive Material Transport
Curtis Moore, the vice president of marketing and corporate development at Energy Fuels, believes the Navajo Nation’s newly established regulations for transporting radioactive materials across its territory are somewhat “excessive.”
Details of the New Rules
Moore pointed out that the requirements, which include a $5 million bond and extra fees, are reminiscent of U.S. regulations governing nuclear fuel transportation. These changes come in response to what the Navajo leaders claim was an unannounced transit of uranium ore by Energy Fuels through their reservation on July 30. The newly passed legislation includes bond requirements, additional fees, and restrictions on the hours during which trucks can travel across tribal land.
Compliance and Negotiations
“We’d probably comply with about 75% of it right now,” Moore commented regarding the recent legislation. However, he emphasized that the company anticipates not having to adhere to all the new rules, as they are currently negotiating a separate agreement with tribal authorities, as permitted by the law.
Legal Ambiguities
The authority of the Navajo Nation to enforce these new rules remains somewhat ambiguous. A previous tribal law from 2012 imposed restrictions on uranium transport within the reservation, but legal loopholes exempted certain state and federal highways. In March, Navajo Nation President Buu Nygren asked President Biden to halt uranium transport along these highways.
Urgency for Updated Regulations
Navajo leaders assert the need for these updated regulations, believing Energy Fuels may be the first of many companies wishing to transport radioactive materials through their lands. “Support for nuclear power is increasing, and uranium mines are likely to emerge in our vicinity,” remarked Stephen Etsitty, executive director of the Navajo Nation Environmental Protection Agency, during a recent council meeting, which unanimously approved the amendment to the existing law.
Response to Transport Activities
Energy Fuels transported two loads of uranium ore from its Pinyon Plain Mine via trucks crossing Navajo land to the White Mesa Mill in Utah for processing in July. Nygren, upon discovering this, dispatched tribal police to intercept the trucks, but they entered Utah before any enforcement action could be taken. Subsequently, Arizona Governor Katie Hobbs facilitated discussions between Energy Fuels and the tribe regarding safety concerns, leading to a temporary halt in transport activities.
Implementation of New Regulations
Energy Fuels has since ceased transporting uranium ore through the reservation. Ongoing discussions aimed at reaching an agreement continue, as confirmed by both the Navajo Nation and Energy Fuels. “We want to ensure that residents of the Navajo Nation are always respected,” stated Nygren as he signed the amendment into law. Under the new law, companies wishing to transport radioactive materials must now provide a week’s notice, up from the previous four days, and adhere to specified routes and timings. Failure to comply could result in significant fines or legal actions against non-compliant transporters.
