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, 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.)
At Stake:
Millions of gallons of potential drinking water.
“It’s not over.“ 13 years fighting uranium mining in NM.
DreamingNewMexico, Oct 10 2008
Precedents:
The petition filed with the Inter-American Commission of Human Rights is the first time the NRC has ever been called out on human rights violations
Latest News:
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.
Case Files:
10/11/2011 - Plaintiff’s Request for Hearing on Motion for Summary Judgement.
09/01/2011 - Plaintiff’s Motion for Summary Judgement.
07/15/2011 - Plaintiff’s Motion for Preliminary Injunction, Complaint for Declaratory and Injunctive Relief - Statement of the Case and Plaintiff’s Memorandum in Support of Motion for Preliminary Injunction.
06/27/2011 - Demand Letter sent to NMED regarding HRI’s expired discharge permit.
05/13/2011 - ENDAUM’s Petition to the Inter-American Commission on Human Rights. Addenda 1 through 3. Addendum 4, Addendum 5, Addendum 6 and Addendum 7.
09/15/2010 - Filed Petition for Certiorari—Morris v NRC
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