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, 2007. (Go to case files)

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.)

10/11/2011 - ENDAUM requests hearing on motion for summary judgment.

09/01/2011 - ENDAUM requests judgment that the NMED has no authority to accept HRI’s application as a discharge permit renewal.

07/15/2011 - NMELC files Plaintiff’s Motion for Preliminary Injunction and supporting documents for client, ENDAUM.

06/27/2011 - On behalf of ENDAUM, NMELC filed a letter demanding New Mexico Environment Department issue a notice to HRI that their discharge permit has not been renewed based on documents obtained that show high-ranking employees of the NMED have been improperly influencing regulatory decisions of the Groundwater Quality Bureau.

05/13/2011 - NMELC files a petition with the Inter-American Commission on Human Rights seeking to halt a uranium mining operation in the Navajo villages of Church Rock and Crownpoint, N.M

11/15/2010 - U.S. Supreme Court denies review of decision to allow in situ leach (ISL) uranium mining in the Church Rock and Crownpoint communities.

09/15/2010 - NMELC files an appeal to the U.S. Supreme Court to reverse the 10th Circuit Court of Appeals decision to allow in situ leach (ISL) uranium mining in the Church Rock and Crownpoint communities.

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

04/22/2010 - NMELC 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.

Rio Grande Resources, has applied to the NM Mining and Minerals Division for a fourth standby permit renewal for the inactive Mt. Taylor Mine.  A standby permit allows the mine operator to let the mine remain inactive without having to do any reclamation (clean up). The permit lasts for 5 years. Our clients are challenging the permit application because we believe RGR must do some reclamation rather than leave the mine as is for another five years.

01/31/2012 - The NM Mining and Minerals Division Director, Fernando Martinez, approved a 5 year standby permit for the Mt. Taylor Mine. The standby permit will allow Rio Grande Resources to avoid reclaiming the waste piles at the mine site, which have led to groundwater being contaminated with uranium.  The Law Center’s clients are considering whether to appeal Mr. Martinez’s decision. 

09/01/2011 - NMELC files a post hearing submission comments.

08/17/2011 - Public hearing held at the Cibola County Convention Center, in Grants, NM.

05/30/2011 - Public hearing to be held this summer.

08/05/2009 - Client submitted comments on the proposed ground water discharge permit. Currently waiting on response from the New Mexico Environment Department’s Ground Water Bureau.

06/05/2009 - Mount Taylor was permanently listed in the State Register of Cultural Properties by the Cultural Properties Review Committee. To view the final nomination, a map showing the guardian peaks used to establish the TCP boundaries and other related materials, please visit the New Mexico Historic Preservation Division website.

We represent our clients in an effort to prevent the NRC from issuing a Generic Environmental Impact Statement (GEIS) for new in situ leach (ISL) uranium mining in Nebraska, New Mexico, South Dakota and Wyoming. If approved, the NRC would apply the document to every proposed ISL minesite in those four states, rather than conducting site-specific environmental impact statements.  A Generic EIS would limit public participation in licensing proceedings, and would reduce the type of studies required at each site.  The agency issued a 500-page Draft Generic EIS in July 2008. In August 2008, we successfully petitioned the agency to extend its public comment period by 60 days.  During that time, we conducted an in-depth legal and technical review of the document, and submitted comments in November 2008, with national groups and groups from California, New Mexico and South Dakota signing on. 

06/04/2009 - NRC Issues Final Environmental Report on Uranium Recovery Operations, Announces Change in Review Approach Go to press release

11/07/2008 - Comments Submitted on Nuclear Regulatory Commission’s Draft Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities on behalf of SRIC, BVDA, ENDAUM and the Haaku Water Office of the Acoma Pueblo, and with the support of other organizations and individuals.

To comment on the U.S. Environmental Protection Agency’s (EPA) proposed disposition of the El Prado Water & Sanitation District Discharge to the Rio Lucero which resulted in a fish kill. The Pueblo requests a government-to-government face-to-face meeting with the EPA at the Pueblo to discuss these issues and the development of a process for addressing similar issues that arise in the future.

03/15/2011 - The NMELC filed comments for its client, The Taos Pueblo, with the US Environmental Protection Agency.

Participate in New Mexico Environment Department (NMED) proceeding concerning discharge permit for Roca Honda uranium mine.

Participate in first application to Mining and Minerals Division (MMD) for conventional uranium mining permit under NM Mining Act.

11/24/2010 - Roca Honda EIS Scoping Comment Period Open. Get PDF of notice.

Participate in United State’s Forest Service’s (USFS) National Environmental Policy Act (NEPA) mandated environmental review process.

The Law Center represents Taos Pueblo in efforts to prevent or limit expansion of the Taos municipal airport, which would impair religious practices by Pueblo members, threaten the iconic architecture of the Pueblo, and increase development pressure on their living culture - the basis for its designation as a World Heritage Site by UNESCO. In 2003, the FAA conducted a noise analysis that offered the conclusion that a Cessna overflight is no louder than a thunderclap.  Our clients assert that comparing a twin-engine aircraft to an act of nature illustrates the administration’s lack of cultural sensitivity.

We are in continuing negotiations with the FAA to prevent the expansion of the airport, or to mitigate its impacts on the Pueblo.

August 2009 - Negotiations with the FAA are continuing.