Arizona Attorney General Kris Mayes is calling on the U.S. Forest Service to conduct a new environmental assessment for Arizona’s only working uranium mine. The Pinyon Plain Mine is located less than 10 miles from the South Rim of the Grand Canyon and she’s concerned its permits are based on outdated science. Mayes also worries mine operations could impact the region’s water resources and environment.
Ryan Heinsius: You’re requesting that the Forest Service conduct a new environmental assessment for Pinyon Plain. Why is the work done in 1986 no longer adequate?
Kris Mayes: This environmental impact study that was done for the Pinyon Plain Mine was done almost 40 years ago and there has been a lot of science undertaken and at least one major study done that shows that the issuance by the Forest Service of permits for this mine may very well have been the wrong decision. And I’m very worried about that and so that’s why I sent a letter to the Forest Service asking them to essentially update that EIS using the new information that has been uncovered related to this mine’s potential impacts on the aquifer underneath it.
RH: The mine’s owner, Energy Fuels, said in a statement that the 1986 environmental impact study was reaffirmed in 2012 and it’s been upheld in court as recently as 2022 by the 9th Circuit. Were those decisions wrong?
KM: Well, I think they might very well have been wrong because we now have this study by the University of New Mexico that raises what I would consider serious questions about whether the mine could impact the only groundwater supply for the Havasupai Tribe. And it’s not just for the tribe. It potentially could impact groundwater supplies across northern Arizona. I just think that the risk is too great to chance it. I would say, in what other area of science would we rely on 40-year-old data? This is just unacceptable to be reliant on data from 38 years ago. I think the people of northern Arizona deserve better than that. They deserve peace of mind and the tribes in this area, especially the Havasupai, which are the Guardians of the Grand Canyon and who rely on this aquifer, deserve peace of mind that their water supplies aren’t going to be contaminated with uranium and other chemicals.
RH: And clearly, for many years, the Havasupai have been on the front lines of this particular issue. How is uranium mining near the Grand Canyon an environmental justice issue?
KM: Well, I think it’s an enormous environmental justice issue and uranium has deeply impacted not just the Havasupai but also the Hopi and the Navajo Nation. The Navajo Nation has been particularly hard hit. And I know they’re watching this mine very closely. They’ve obviously been objecting to the transport of the uranium ore out of this mine across the Navajo Nation and I think they deserve better too. They deserve to not be the ones that are constantly the victims of pollution and of higher cancer rates, frankly, than the rest of the state because of all this uranium mining activity.
RH: So what’s the next step for you? Is there a legal recourse that could force the Forest Service to conduct a new environmental study?
KM: I am first and foremost hopeful that they will respond positively to my letter and that they will do the EIS. We know that they’re aware of all of these concerns. I believe they’ve been a part of the stakeholder working group that’s been going on that my office has been attending. But we’re evaluating all of our legal options right now in the event that the Forest Service doesn’t respond to the letter.
The Forest Service says in a statement: "The Kaibab National Forest received a letter from Arizona Attorney General Kris Mayes late Tuesday, August 13. The Forest Service is always looking at the latest available science as well as ensuring Energy Fuels Resources (EFRs) compliance with their approved operation plan."
In a statement, Energy Fuels says: “The 1986 EIS was reviewed and reaffirmed by the USFS in 2012. It has been upheld numerous times in Federal Court, including as recently as 2022 by the 9th Circuit Court of Appeals in San Francisco. ADEQ also reaffirmed the no-impact to groundwater determinations in the EIS in 2022. Energy Fuels continues to comply with all current approvals, regulations, and science to ensure protection of human health and the environment.”