SANTA FE, N.M. ? The New Mexico Environmental Law Center filed an appeal to the U.S. Supreme Court this month to reverse the 10th Circuit Court of Appeals decision to allow in situ leach (ISL) uranium mining in the Four Corners region of New Mexico.

The 10th Circuit Court of Appeals three-judge panel ruled against the petition filed by the New Mexico Environmental Law Center on behalf of Eastern Navajo Diné Against Uranium Mining and Southwest Research and Information Center two-to-one in March 2010. Oral argument was heard in May 2008. The recent decision by the 10th Circuit Court of Appeals threatens the safety of all of the residents in the area with nuclear contamination as the mine endangers the sole source of drinking water for approximately 15,000 people in the Crownpoint and Church Rock communities.

During the administrative proceeding where the NRC granted the license, Eastern Navajo Diné against Uranium Mining presented convincing evidence that HRI?s operations will contaminate large areas of groundwater, including the communities? primary drinking water source.

?Today is an important day for the people of Church Rock and Crownpoint,? said Eric Jantz, lead attorney, New Mexico Environmental Law Center. ?The community is letting the government know that they will not give up the fight and they will continue resisting these proposed uranium mines.? Diane Curran from Harmon, Curran, Spielberg, & Eisenberg, L.L.P. in Washington, D.C. is co-counsel; petitioners Grace Sam and Marilyn Morris, Navajo citizens from the nearby Pinedale Chapter, are being represented in the case by DNA Peoples? Legal Services.

The Nuclear Regulatory Commission has granted Hydro Resources, Inc. a license to mine uranium in Crownpoint and Church Rock. HRI is the subsidiary of the Texas-based Uranium Resources, Inc. There will still be state permitting procedures that HRI will have to go through before mining begins.

ENDAUM and SRIC, represented by the New Mexico Environmental Law Center, have been fighting the Nuclear Regulatory Commission and Hydro Resources, Inc., for the past 16 years demanding that they keep out of Navajo communities in New Mexico. They have now turned to the last and highest U.S. court.

The 10th Circuit decision upholds the NRC?s decision that HRI does not have to clean up existing Cold War-era radioactive waste on its Church Rock Sec. 17 property. The waste currently exposes residents to dangerous levels of radiation that are above regulatory limits; new mining would add even more radioactivity to the air.

Also at issue is the protection of water supplies in the area. This is the first time the NRC has licensed a mining operation in a community drinking water supply, despite the fact that no aquifer in which ISL uranium mining has occurred has ever been restored to pre-mining condition.

ENDAUM argued that NRC changed its interpretation of its regulations governing radioactive air emissions to accommodate HRI?s operations, which would result in exposing Church Rock residents to levels of radiation in excess of regulatory limits. The community group also argued that HRI?s groundwater reclamation plan will fail to protect drinking water, and that the government is not requiring an adequate bond to clean up the mine should HRI walk away from the site. However, in March 2010, a three judge panel refused to overturn NRC?s licensing decision and on Tuesday, May 18 the full 10th Circuit refused to rehear ENDAUM?s arguments.

?We thank Jantz, the New Mexico Environmental Law Center and the whole team for continuing the good fight on our behalf,? said Larry King, ENDAUM board member and one of the 15,000 Navajo people who would be affected by the mine. ?It?s been a very frustrating and long road but we won?t back down. We plan to continue working together to protect our land, water and families.?

About New Mexico Environmental Law Center

The mission of the New Mexico Environmental Law Center is to protect New Mexico?s natural environment and communities through legal and policy advocacy, and public education. The New Mexico Environmental Law Center?s attorneys have handled more than 100 critical cases in low-income and minority communities fighting pollution and environmental degradation. The center charges few, if any, fees to its clients, most of whom are from Hispanic and Native American communities. The NMELC celebrated its 20th anniversary in 2008. Membership and gifts help New Mexico communities protect their natural environment and their health from toxic pollution, the degrading effects of growth and liabilities created by irresponsible mining.