In an assertive move to protect the health and sovereignty of its people, Navajo Nation President Buu Nygren issued an executive order to regulate the transport of radioactive materials across Navajo lands. The decree, which remains effective for six months, mandates an agreement to be established prior to such transportation activities. "We're taking this stance of interpreting and executing the law to ensure the safety of our people and respect for Navajo sovereignty," Nygren stated in a release obtained by the Office of the President and Vice President of the Navajo Nation.
This action followed a recent event where Energy Fuels Resources, Inc., without providing requisite notice, transported an estimated 50 tons of uranium mine ore through the Navajo Nation. As per Navajo law, specifically the Navajo Nation Natural Resources Protection Act of 2005 and the 2012 Radioactive and Related Substances, Equipment, Vehicles, Persons and Materials Transportation Act, Energy Fuels’ conduct not only breached regulatory statutes but also overlooked the tribal authority and government sovereignty emphasized by President Nygren. "If you're going to smuggle uranium into our borders and across our Nation and outside, that's pretty much illegal," Nygren said, disenchanted that such incidents are occurring in modern times.
Concerns extend beyond legal violations, touching upon the visceral repercussions of uranium exposure which has historically afflicted the Navajo people with serious health issues. Navajo Nation Attorney General Ethel Branch, in her comments, underscored the responsibility to comply with laws that safeguard the Navajo people's health, safety, and welfare. "Particularly with something as sensitive as uranium, where there is a long legacy of contamination and disproportionate impact to the Navajo people," Branch told the Office of the President and Vice President of the Navajo Nation. Branch highlighted the emotional and psychological impact in addition to the community's ongoing trauma from uranium development.
The executive order galvanized Navajo law enforcement's vigilance against potential ongoing breaches. Navajo Nation Chief of Police Ron Silversmith conveyed his department's readiness to prevent further infringing transports. Officers had already stopped trucks on their way to reload from Pinyon Plain Mine, ensuring that they will not be passing through again. "It is our duty to ensure the wellbeing and safety of our Navajo people," Silversmith stated.
Finally, reminding Energy Fuels Resources of the gravity and applicability of Navajo laws, Navajo Nation Environmental Protection Agency Executive Director Stephen Etsitty met with company representatives in April 2024 to reinforce the existing statutes. According to Etsitty, it was made clear that compliance with the Transportation Notice and other requirements is non-negotiable. Despite this prior notice, the company's actions necessitated President Nygren's current enforcement measures. "To me, that's a complete disrespect to our Nation, our tribal sovereignty and everything that we represent as a government," President Nygren said, stressing the imperative to uphold the laws that enshrine the Navajo Nation's autonomy and integrity.
