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The 10th Circuit Court of Appeals in Denver has upheld a 2007 U.S. Environmental Protection Agency and Department of the Interior decision that Hydro Resources Inc.'s Churchrock Section 8 mine site is located in "Indian Country." HRI challenged the decision last May before the Court of Appeals. The decision means that HRI will have to obtain an underground injection control permit from EPA rather than the New Mexico Environment Department before it can move forward with its plans for in-situ leach uranium mining in Section 8. Navajo Nation Department of Justice, Churchrock Chapter, New Mexico Environmental Law Center, Southwest Research Information Center and Eastern Navajo Diné Against Uranium Mining all participated in the matter, filing comments on the proposed determination in 2006.

Uranium Resources Inc. and Navajo Nation Environmental Protection Agency began a weeklong assessment Monday of Section 17 in Churchrock where its subsidiary, Hydro Resources Inc., has proposed in situ mining of uranium. Rick Van Horn, chief operating officer for URI/HRI, said Tuesday that the two entities are looking at what the radiation values are and how they impact the air, soils, and water in the area of Section 17. As part of the field work, background levels will be established under the review of Navajo EPA. "We have people that are looking over our shoulders providing oversight on-site, real time, and that will be part of the data set that we collect," Van Horn said.

"Earlier this month, the 10th Circuit Court of Appeals approved a controversial permit for uranium mining operations at sites in Church Rock, New Mexico. The operation includes a site associated with the largest release of liquid radioactive waste in United States History -- a catastrophe which continues, a generation later, to negatively impact the lives and health of Navajo people residing near the spill site. Over a decade after Navajo leaders and community groups first challenged the Nuclear Regulatory Commission's (NRC) issuance of a mining permit to Hydro Resources, Inc. (HRI) for uranium extraction in Church Rock, the appellate court decided on March 8th to uphold the NRC's decision. The court rejected the plaintiffs' argument that since the site already emits more radiation than federal regulations allow, a license for a new operation is impermissible because even the most miniscule amounts of new radiation emitted would exceed regulatory limits. Instead, the court affirmed both the NRC's decision under the Atomic Energy Act to only review an isolated portion of radiation from the site, as well as its corollary finding that the cumulative impacts of radiation emitted from the site are acceptable under the National Environmental Policy Act (NEPA). "

Mitchell Capitan points to a flock of sheep grazing in the shadow of a sandstone mesa. The sheep belong to Capitan's family, along with a few head of cattle and twelve quarter horses standing in a corral near his mother-in-law's house in Crownpoint, New Mexico. Shelley Smithson: Navajos say "No!" as the return of uranium mining threatens to despoil their lands and health. "All of this area," Capitan says, gesturing to the valley of sage and shrub brush below, "there's a lot of uranium underneath there. That's what they're after." Capitan and his Navajo neighbors are battling a license granted by the Nuclear Regulatory Commission to Hydro Resources Inc. (HRI)--a subsidiary of a Texas company, Uranium Resources--one of several firms that have laid claim to the minerals beneath thousands of acres on and around the lands of the Navajo Nation and three American Indian pueblos in northwestern New Mexico. A group called the Eastern Navajo Diné Against Uranium Mining is suing the NRC to block mining in Crownpoint and another Navajo community. A panel of federal judges in Denver heard the case in May 2008 but has yet to issue a ruling.

*Court upholds EPA ruling that mine site is on Navajo land *Mine would be subject to Clean Safe Drinking Water rules LOS ANGELES, April 17 (Reuters) - A U.S. appeals court on Friday upheld a 2007 finding by the U.S. Environmental Protection Agency that the site of a uranium mine that Hydro Resources Inc plans to operate is on Navajo Nation land and subject to Safe Drinking Water Act regulations. Hydro Resources (HRI) plans to operate the underground injection mine on a 160-acre (65-hectare) site it owns in McKinley County, New Mexico, a few miles from Church Rock.

Ever since Johnny Livingston was a little boy, he remembers seeing Navajo families grazing their livestock on a portion of land within Churchrock Chapter known as Section 8, now owned by uranium mining company Hydro Resources Inc. In 2006, as part of his declaration to the U.S. Environmental Protection Agency regarding jurisdictional issues over the land, the former Churchrock Chapter president identified Navajo families having Bureau of Indian Affairs grazing permits for the disputed area.

"Uranium Resources, Inc. announced today that the United States Court of Appeals for the Tenth Circuit has denied a petition for a rehearing or en banc review of the court's previous decision that upheld, in all respects, the Nuclear Regulatory Commission (NRC) original decision to grant URI a license to conduct in-situ recovery (ISR) uranium mining in McKinley County, New Mexico. On March 8, 2010, the Tenth Circuit denied the original petition by several parties opposed to uranium mining for review of URI's NRC license, which the Commission issued to Hydro Resources, Inc. (HRI), Uranium Resources' wholly-owned subsidiary, in 1998. One of the opposed parties, The Eastern Navajo Dine Against Uranium Mining, subsequently filed a petition requesting a rehearing or en banc review of the March 8 decision. In a May 18, 2010, order, the court denied the rehearing request and indicated that no judges of the court acted on the request for an en banc review. The petitioners now have 90 days from May 18, 2010 to file a petition for writ of certiorari in the United States Supreme Court requesting that Court's review of the Tenth Circuit's decision."

A few years ago, Ward wrote for Tomdispatch about various plans to dump radioactive waste, including 40 years worth of "spent fuel rods" from nuclear reactors, in his Utah backyard. People who lived downwind were alarmed. They had been exposed to radioactive fallout during the era of atomic testing in the 1950s and feared more of the same -- cancer for "downwinders" and obfuscation and denial from federal regulators. Since Ward wrote his account, local activists have successfully blocked the projects. Score one for the little guys.

The state of New Mexico has filed a court brief backing a uranium company's request for a federal appeals court review of an April decision. The decision says a proposed uranium mine site in western New Mexico is on American Indian land. The attorney general's office and the governor's chief counsel filed the friend of the court brief Monday before the 10th U.S. Circuit Court of Appeals in Denver.

Uranium Resources on Monday said it plans to ask a US appeals court to reconsider its ruling that a proposed uranium recovery site in northwestern Mexico is on Indian land and subject to permitting requirements under the US Environmental Protection Agency's Safe Drinking Water Act. The Lewisville, Texas-based company said that it plans to file a petition Monday asking for an "en banc" review in which all judges in the appellate court would rehear the case, instead of the three-judge panel that issued the original ruling. The 10th US Circuit Court of Appeals on April 17 said it agreed with EPA's 2007 finding that Section 8 of the property in Churchrock, New Mexico, falls under federal, not state, jurisdiction.

A uranium-mining company has asked a federal appeals court to review an April decision that a proposed uranium mine site in western New Mexico is on Native American land. Durango auto dealer custom residential construction Katie Ogier - The Wells Group Lewisville, Texas-based Uranium Resource Inc. said Monday it asked the 10th U.S. Circuit Court of Appeals in Denver for an "en banc review" of the decision that sided with the Environmental Protection Agency. Monday was the deadline for making the request. A 2-1 decision made on April 17 by a three-judge panel requires URI subsidiary Hydro Resources Inc. to obtain a groundwater injection permit from the Environmental Protection Agency, which delays the company's plans to mine for uranium near Church Rock. The company already has a state groundwater-injection permit.

The Navajo Nation's anti-uranium mining ban scored a victory April 17 when the 10th Circuit Court upheld federal, rather than state, control over a permit for a proposed in situ leach uranium mine in a mixed-ownership area of northwestern New Mexico. Hydro Resources Inc. asked the federal appeals court to overturn an Environmental Protection Agency determination that HRI's proposed mine near Church Rock was in "Indian country" as legally defined and therefore must be permitted by EPA and not by the state.