After a 30-year fight, with multiple dismissed class-action lawsuits, Congress responded by developing a program allowing partial restitution to individuals who developed serious illnesses after exposure to radiation released during the atmospheric nuclear tests or after employment in the uranium industry: the Radiation Exposure Compensation Act (RECA) was passed on October 5, 1990. This program was designed to serve as an expeditious, low-cost alternative to litigation [2]. Notably, it did not adequately compensate affected individuals and Navajo members continued to push for compassionate compensation that would allow them to pay medical bills and provide comfort following the loss of family members.  The U.S. Justice Department announced on March 2, 2015, that it has awarded more than $2 billion in compassionate compensation to eligible claimants under RECA [3].

EPA’s cleanup work continues under a second 5-year plan developed in 2014.  In 2015, Federal and Navajo agencies formed the Community Outreach Network as part of the Five-Year plan. The Community Outreach Network includes representatives from EPA, the Bureau of Indian Affairs, the Nuclear Regulatory Commission, the Department of Energy, the Indian Health Service, the Agency for Toxic Substances and Disease Registry, the Navajo Nation Environmental Protection Agency, the Navajo Nation Abandoned Mine Lands/Uranium Mill Tailings Remedial Action Program, and the Navajo Nation Department of Health.

The Community Outreach Network plans and coordinates outreach events to enhance community understanding of the work agencies are doing to address uranium contamination on Navajo Nation [4].   As of 2005, the Navajo Nation has banned uranium mining on their land. However, due to the large supply of uranium under the Navajo Reservation companies such as Hydro Resources, Inc (HRI), have been trying to re-open mines. HRI, Inc has proposed to mine a site through an in-situ leaching process which will result in total radiation levels nine to fifteen times the permitted regulatory limit [5]. The proposed mines could contaminate the sole drinking water source for 15,000 Navajo citizens [6].

On December 15, 2015, the State of New Mexico Environment Department terminated HRI’s groundwater discharge permit 558 because it did not comply with groundwater permitting regulations of the Water Quality Control Commission (WQCC). HRI was encouraged to apply for a new permit in accordance with the new water quality standards that had been lowered from 5 mg/l to .03 mg/l in 2004 [7].  A lot is at stake in this on-going case, namely the quality of millions of gallons of drinking water that would most likely be contaminated as a result of HRI’s proposed in-situ mine. Navajo members continue the fight to protect their land, their health, and their future.

For more information and continual updates on this ongoing case, visit: http://nmenvirolaw.org/site/cases/hydro_resources_inc._uranium_mines

A 1979 spill at Church Rock dumped 94 million gallons of mill process effluent and 1,100 tons of tailings that contaminated the Puerco River.

An estimated 10 000 workers were employed in uranium mining, and about a quarter of them were Navajo. About 40% (3975) have applied for compensation as of March 21, 2001.

The Hydro Resources, Inc (HRI) in-situ mining operation would contaminate the pristine aquifer which supplies drinking water to more than 10,000 – 15,000 Navajo citizens.