Indigenous Peoples and Human Rights

February 11, 2025

Alert: Radioactive Uranium Trucks on the Navajo Nation Today

Radioactive Uranium Trucks on Navajo Nation

A banner on the deadly haul route today, Wednesday, as two radioactive uranium transport trucks pass by Dine' homes in Tuba City on the Navajo Nation. Dine' families said they had no warning and the Navajo government sold them out.

Radioactive uranium trucks loaded at Energy Fuels Pinyon Plain uranium mine in the Grand Canyon ready on Tuesday. Courtesy photo for Censored News.

Two radioactive uranium trucks passed through Tuba City on the Navajo Nation at between 11 a.m. and noon today, covered only with tarps, headed to the mill in the White Mesa Ute community in Utah. 

Breaking News update:

Navajo Nation Council committees said the Navajo Council was never consulted and never approved the secret agreement with Energy Fuels for uranium transport, which was carried out by Navajo President Buu Nygren and the tribe's attorneys.


"The Resources and Development Committee clarified that the agreement was not negotiated or approved by the Committee. The Resources and Development Committee continues to urge the Executive Branch to communicate and work with the legislative oversight committee." (See today's statement below.)

Social media alerted Dine' while the Navajo government sank into silence and secrecy. https://www.facebook.com/reel/611900268264626


With little or no warning to Dine' communities, and no emergency response plans in place in remote communities, Energy Fuels radioactive uranium trucks went through the western Navajo Nation today.


By Brenda Norrell, Censored News, Feb. 12, 2025
Live and Updating

TUBA CITY, Navajo Nation -- Energy Fuels radioactive uranium waste trucks passed through the Navajo Nation today, following a secretive agreement between the Navajo Nation and Energy Fuels. Two radioactive uranium waste trucks passed through Tuba City headed to the uranium mill in the White Mesa Ute community, between 11 a.m. and noon today.

In a region still strewn with radioactive waste from the Cold War, and gas and oil wells choking the people -- now uranium waste is being transported by Dine' homes with only a tarp covering tons of radioactive waste. The trucks are dumping their loads in the White Mesa Ute community at the mill in southeastern Utah.

The secretive agreement between Energy Fuels and the Navajo Nation government, says there will be two to twelve trucks a day with radioactive waste from Energy Fuels Pinyon Plain uranium mine in the Grand Canyon, for the next three to four years.

Navajo Utah Commission members voiced their opposition to the uranium transport during a meeting with Navajo Nation EPA Executive Director Stephen Etsitty in Window Rock on Tuesday. This comes after Energy Fuels made a public announcement of the agreement with the tribe.

The Navajo Utah Commission meeting revealed that Energy Fuels agreed to pay the Navajo Nation government $1.2 million during the negotiations.

Dine' in Western Navajo said that Navajo President Buu Nygren showed them how much money their lives are worth:  $1.2 million.

Haul NO! said: "On Feb. 11, at a Navajo Utah Commission meeting, the voice of our concerned Diné communities speaks loud and clear opposing the bad decision by Navajo Nation to allow transport thru Western Navajo and to dump 10K tons of waste on our Utah relatives." (Image screenshot by Censored News. Video livestream by Dine' and Zuni Pueblo independent reporter Marley Shebala.)

Dine' in Mexican Water, along the Arizona and Utah border on the Navajo Nation, said Etsitty is not telling the truth when he claims Navajos support uranium transport.

Dine' said that Etsitty claimed Mexican Water Dine' are receptive and happy with trucks hauling uranium on highways in their area.

"On the contrary, as Chapter President Martha Saggboy stated today in Window Rock, our people are very concerned about exposure and contamination from the dust trailings."

"If Etsitty lies about the people’s reaction, he’s apt to lie about other statements he’s made."
Responding at midnight, the Dine' grassroots group Bidí Roots said they will be at the Frontline US 160 in solidarity with community members today, Wednesday, that's anywhere from 89 Junction heading into Tuba City on US 160 and Main Street.


"Please be safe and take necessary actions to mask up and protect yourself while trucks pass. Join us February 22nd in Tuba City Arizona, 8 -- 4 pm, for ŁEETSO ÉI DOODA Awareness Walk."

Ready to Roll on Tuesday -- Pinyon Plain Mine uranium mining trucks shown here on Tuesday were ready to leave on Wednesday morning. The trucks were missing the labels on the side, which Navajo Nation EPA Stephen Etsitty said they would have while transporting. Courtesy photo for Censored News.

Dine' communities are in danger of blowing radioactive dust, highway accidents and radioactive disasters all along the route in Cameron, Tuba City, Tonalea, Cowsprings, Shonto Marketplace, Black Mesa, Long House Valley, Tsegi, Kayenta, Baby Rock, Dennehotso, and Mexican Water.

On the deadly haul route from the Grand Canyon uranium mine in Arizona to the mill in Utah, Native people are in danger. Havasupai, Hualapai, Paiute, Dine', Hopi, and Ute live on the haul route on their ancestral lands.

The secretive agreement, and the decision not to fight the deadly transport in court, and uphold tribal sovereignty, brought a swift reaction from Dine' across the Navajo Nation voicing their objections late Tuesday.

Dine' CARE, Dine' Citizens Against Ruining our Environment, pointed out that the Navajo Utah Commission members, all from Utah, spoke at the meeting in Window Rock on Tuesday. They said their chapter resolutions clearly state their opposition to uranium transport.

"They spoke about the many public health concerns they have for communities, children, elderly, and livestock owners who are often outdoors," Dine' CARE said late Tuesday.


"They talked about the lack of services from the clinics and hospitals nearest to them, Red Mesa does not have 24 hour EMS services. In some cases, Utah communities are absent of a public health nurse, community health representative, and emergency response team. The nearest hospital for them is in Flagstaff, which is four hours away."

"They brought up past uranium exposure victims and the lack of compensation coverage for downwinders. They spoke about their hazardous roads, uneven, including potholes and heavy, speedy traffic. They asked what communication and notification has been like to local chapters and schools. Would they also be notified of when a truckload of ore is passing through."




Navajo Council Delegate Curtis Yanito, represents the region that the radioactive trucks will travel through, the Navajo chapters of Mexican Water, To’likan, Teesnospos, Aneth, Red Mesa.

Navajo Councilman Yanito asked whether the tarps covering the truck shield out radon.

Teec Nos Pos Chapter President Kenny Victor also questioned the safety of the tarps and why the community is being notified at the last minute.

"Commission member Victor stated that there should be more secure covering, rather than a tarp and that they should have been notified of this safety hazard from the very beginning, not at the 11th hour."

"They brought up other frustrations in also living with oil and gas and leasing that was recently approved that would impact precious stone offering sites."

Utah Navajo Commissioners also questioned if any of the money would reach the local Dine', or whether it would stay in Window Rock, which is what usually happens.

"They asked if the money Navajo EPA negotiated would reach the local chapters -- because so far, much of what the tribe receives stays with the central government and hardly reaches chapters and local communities," Dine' CARE said.


Dine' CARE, Dine' Citizens Against Ruining our Environment, reported from the meeting.

What we learned from Navajo Nation EPA's Report on Uranium Transport Agreement

We were able to attend the Utah Commission Meeting and hear Navajo EPA, Stephen Etsitty’s report on the agreement terms between the uranium corporation Energy Fuels and the Navajo Nation. Etsitty explained that the tribe had prior moratoriums (2005 & 2012) on uranium mining, milling and transportation on Navajo Nation lands.

Yet, the tribe was limited in prohibiting radioactive transportation on federal highways, which is how Energy Fuels is able to ram their ore transport through tribal lands. Etsitty explained that there was back and forth communication between Navajo EPA and Energy Fuels for several months.

Etsitty stated that the uranium corporation only gave a 30 minute notice to them when they first began transporting in 2024, even though Navajo EPA had communicated they needed advance notice. Etsitty explained the tribe was advised not to pursue litigation, because they likely would not win and this could erode tribal sovereignty in the courts. Navajo Nation and EPA were advised to negotiate with the company and secure transportation safety measures.

Etsitty mentioned some of the negotiated terms, such as:

-The Navajo Nation can stop the trucks and do checks.
-They are requiring drivers pay a $450.00 a year for an additional vehicle license to the NN.
-A Fact Sheet will be given to Utah Officials.
-$1.2 million to Navajo Nation
-Some funds to Navajo EPA’s Safety Hazardous Fund, Emergency Planning, Hazmat Safety.
-Trainings will be required for safety responders, police, firefighters and EMS.
- Budgeting support to support staff, travel, record keeping.
-Transportation can only happen from Monday – Friday and from 8:30 am – 3pm.

Etsitty acknowledged this is a new area they are undertaking. Etsitty said the first truckload starts tomorrow and it will be two trucks. Energy Fuels received approved permitting from the Kaibab Forest Service to mine, transport and mill uranium for 2.5 – 3 years until 2027, from the Pinyon Plain Mine, near the Grand Canyon. Etsitty stated that Energy Fuel’s trucks currently meet all of the Department of Transportation (DOT) requirements, even with the tarp they use to cover their ore and radioactive materials.

Etsitty mentioned that the price of uranium is currently high, which is why uranium companies are opening new mines. Etsitty explained that radioactive transportation will be an issue for the tribe to grapple with because there are other mines and sites for clean up that will require transport and would travel through tribal lands. This is one mine. There are other mines that Energy Fuels owns and they own the mill in Utah, the only mill in the U.S.

Several Utah Commission members replied and asked questions after Etsitty’s report.

All Commission members are from Utah and spoke about their chapters resolutions clearly stating their opposition to uranium. They spoke about the many public health concerns they have for communities, children, elderly, and livestock owners who are often outdoors. They talked about the lack of services from the clinics and hospitals nearest to them, Red Mesa does not have 24 EMS services.

In some cases, Utah communities are absent of a public health nurse, community health representative, and emergency response team. The nearest hospital for them is in Flagstaff, which is four hours away. They brought up past uranium exposure victims and the lack of compensation coverage for downwinders.

They spoke about their hazardous roads, uneven, including potholes and heavy, speedy traffic. They asked what communication and notification has been like to local chapters and schools. Would they also be notified of when a truckload of ore is passing through. Delegate Yanito asked whether the tarps covering the truck shield out radon. Commission member Victor stated that there should be more secure covering, rather than a tarp and that they should have been notified of this safety hazard from the very beginning, not at the 11th hour.

They brought up other frustrations in also living with oil and gas and leasing that was recently approved that would impact precious stone offering sites. They asked if the money Navajo EPA negotiated to would reach the local chapters, because so far, much of what the tribe receives stays with the central government and hardly reaches chapters and local communities.

Utah Commission member Todacheenie made the comment that nothing can be safe, where uranium is concerned.
________________________________________________________
Dine' CARE: Further questions we have are:
•What are the DOT’s safety requirements? Do they include the handling of radioactive materials?
•Will the emergency response plan that will be provided to chapters include how to handle radioactive contamination? This is more than hazardous waste.
•What would be the cost of a radioactive spill?
•How soon would teams on Navajo Nation be trained and ready for such a scenario?
•What translation services will be provided to the community in adequately relaying all of this info?
•How much radioactive waste has Energy Fuels committed to remediating in their agreement with Navajo Nation? How many abandoned sites will that cover?

Haul NO! reports from Tuesday's meeting:
Uranium transportation will start on Wed. Feb. 12, 2025, as early as 8:30 am
• Between 2 -- 12 transportation trucks a day. July transport trucks were “fully loaded” with 25 tons of uranium ore.
• Transportation through Navajo Nation can only occur on weekdays, 8:30 am -- 3:00 pm (excluding certain times)
• Transportation may take up to 3 years, possibly 4 years.
CALL TO ACTION:
We want to encourage VISIBILITY!
This can be done through autonomous actions:
• Posting signs up
• Putting up banners (along side the haul route)
• Voicing your concerns with your council delegates & chapters
Please stay safe and practice safety measures to protect yourself.
SAFETY:
We do not encourage standing along the haul route due to safety risks such as possible exposure to radiation and high traffic activity.
We encourage wearing masks (such as KN95s, N95s) in all areas contaminated by uranium and places of possible exposure.
For folks protesting, we encourage everyone to know your rights and read available “Know Your Rights” information, such as by ACLU and other legal resources.

Breaking News Updates

Navajo uranium transport deal was kept secret from the Navajo Nation Council and never approved
The tribe's attorneys revealed under pressure who negotiated the secret deal, during a Navajo Council committee session.
A fact sheet about the agreement was released to the public two days after the radioactive trucks passed through the Navajo Nation, two trucks on Wednesday and two trucks again on Thursday.
Feb. 13, 2025

Resources and Development Committee receives report on uranium ore transport agreement
Feb. 12, 2025
By Navajo Nation Council's Resources and Development Committee

WINDOW ROCK, Ariz. – On Monday, the Resources and Development Committee received a report regarding the Uranium Ore Transport Agreement, recently signed between the Navajo Nation and Energy Fuels, Inc., a uranium ore producer that operates the Pinyon Plain Mine near the Grand Canyon.

On Jan. 29, Energy Fuels announced that an agreement was signed between the Navajo Nation Executive Branch and the company to oversee the transport of uranium ore from Energy Fuels' Pinyon Plain Mine in northern Arizona to the company's White Mesa Mill in southern Utah, along federal and state highways located within the boundaries of the Navajo Nation.

The report, presented by Navajo Nation Acting Attorney General Heather Clah and Acting Deputy Attorney General Kris Beecher, outlined additional protections included in the agreement.

These added protections include limiting transportation to specified routes and hours of the day, prohibiting transport during celebrations or holidays, defining emergency response procedures, and establishing clear notice and reporting requirements. The agreement also introduces more stringent insurance, driver qualification, and training standards.

Furthermore, the agreement mandates that transportation drivers obtain Navajo Nation transportation licenses, use state-of-the-art cover systems, secure provisions for escorts, and implement additional inspection procedures to ensure that all rules and agreements are adhered to.

Council Delegate Casey Allen Johnson (Cameron, Coalmine Canyon, Birdsprings, Leupp, Tolani Lake) requested the Department of Justice to cite the law that grants the federal government the authority to override the Navajo Nation's sovereign right to regulate uranium transportation.

Acting Deputy Attorney General Beecher explained that the agreement complies with federal preemption, a constitutional principle that asserts the supremacy of federal law over conflicting state laws.

"Federal law prohibits the banning of uranium transportation," Beecher explained. "The Navajo Nation Environmental Protection Agency will have primary oversight of the transport. Before transport begins, Energy Fuels must apply for a transport license from the NNEPA."

Acting Attorney General Clah stated that public outreach is currently underway, with the most recent update provided to the Mexican Water Chapter.

Beecher also highlighted an additional benefit of the agreement: Energy Fuels, Inc. will transport and remove an extra 10,000 tons of uranium waste from Abandoned Uranium Mines (AUM) on the Navajo Nation for processing at the White Mesa Mill.
"This will incur no cost to the Navajo Nation," Beecher said. "This removal and processing would otherwise cost the Nation $2 million."

The Resources and Development Committee clarified that the agreement was not negotiated or approved by the Committee. The Resources and Development Committee continues to urge the Executive Branch to communicate and work with the legislative oversight committee.



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