Landmark agreement clears way for restart of uranium transport

Thursday, 30 January 2025

The agreement with the Navajo Nation Department of Justice and the Navajo Nation Environmental Protection Agency also includes a commitment from Energy Fuels to assist in the cleanup of abandoned uranium mines dating as far back as the 1940s. It comes after months of negotiations between the Denver-based company and the Nation's senior leadership following Energy Fuels' voluntary suspension of transports of uranium across Navajo lands in August 2024.

Energy Fuels has agreed to limit transportation to specified routes and hours of the day; not transporting ore on days involving celebrations or public events in respect of the Navajo Nation's culture and traditions; clearly spelled out emergency response procedures, notice and reporting requirements; additional requirements for insurance, driver qualification and training; obtaining Navajo Nation transport licenses; the use of state-of-the-art cover systems to prevent fugitive dust from transport trucks; and provisions for escorts and blessings at the discretion of the Nation. Additional procedures will enable the Navajo Nation to ensure that all applicable rules and agreements are being satisfied.

In addition, Energy Fuels has committed to accepting and transporting, at no cost to the Nation, up to 10,000 tons of uranium-bearing cleanup materials from abandoned uranium mines and to make further contributions to support the Nation's transportation safety programmes, education, the environment, public health and welfare, and local economic development on the Navajo Nation relating to uranium matters.

"The Navajo Nation has suffered longstanding impacts from uranium mining conducted during the cold war era, resulting in numerous abandoned mine and mill sites on their lands. This has understandably caused mistrust toward the US government and energy companies," Energy Fuels President and CEO Mark Chalmers said. "I am personally honoured that the Navajo Nation was willing to work with us in good faith to address their concerns and ensure that uranium ore transportation through the Navajo Nation will be done safely and respectfully."

"We have a settlement agreement that will allow the Navajo Nation to monitor and inspect the haul trucks and that provides financial compensation for the expenses to improve safety and protect the environment," Executive Director of the Navajo Nation Environmental Protection Agency Stephen Etsitty said.

Energy Fuels announced it had started production at Pinyon Plain in late 2023, with the ore to be stockpiled at White Mesa ahead of processing. The company and its predecessors had previously hauled hundreds of thousands of tons of uranium ore and other materials on state and federal highways and interstates crossing the Navajo Nation between 2007 and 2024 without incident. But on 31 July - after the completion of the first uranium shipment from the project - Navajo Nation President Buu Nygren issued an executive order banning the transport of radioactive material through the Navajo Nation without a prior agreement, referencing existing Navajo laws. "Good faith" negotiations between Energy Fuels and the Navajo Nation to find a solution began in mid-August.

Addressing the legacy
 

According to the US Environmental Protection Agency, nearly 30 million tons of uranium ore were extracted from Navajo lands from 1944 to 1986, under leases with the Navajo Nation. With little regulation or oversight of facilities in the 1940s and 1950s - when the focus was on national security rather than environmental protection - those mostly government-sponsored operations have left a legacy of pollution from hundreds of abandoned uranium mines and treatment plants.

Under its agreement with the Navajo Nation, Energy Fuels has committed to accepting and transporting up to 10,000 tons of uranium-bearing cleanup materials from abandoned uranium mines, materials the company described as "an unfortunate relic of old US government uranium programmes that began in the 1940s, in which Energy Fuels had no involvement."

"We are proud to be a part of a historic agreement with the Navajo Nation, and we are committed to fulfilling our promises to the," Chalmers said. "We hope this agreement marks the beginning of a constructive relationship that restores trust with our neighbours, while also paving the way for future collaborations on cleanups and other areas of shared interest."

Mining has continued at Pinyon Plain during the transport suspension, with ore being stockpiled at the mine site: as of 30 September, ore containing around 180,000 pounds U3O8 (69 tU) had been stockpiled at the Arizona mine for eventual processing at White Mesa.