Trucks ready to roll as Navajo Nation, Energy Fuels settle dispute

John Rogers
Business Journal

Energy Fuels Inc., a Denver-based producer of uranium and rare earth elements, has resolved a longstanding dispute with the Navajo Nation that has halted transport of uranium ore to the company’s White Mesa Mill near Blanding in Southern Utah. The parties have signed an agreement governing the transport of ore along federal and state highways crossing the Navajo Nation to the mill from Energy Fuels’ Pinyon Plain Mine in northern Arizona.

Ore transport is now expected to resume later this month.

“The Navajo Nation has suffered longstanding impacts from uranium mining conducted during the Cold War era, resulting in numerous abandoned mine and mill sites on their lands. This has understandably caused mistrust toward the U.S. government and energy companies,” said Mark Chalmers, Energy Fuels’ president and CEO. “I am personally honored that the Navajo Nation was willing to work with us in good faith to address their concerns and ensure that uranium ore transportation through the Navajo Nation will be done safely and respectfully.”

“We appreciate the sincere approach the Energy Fuels’ negotiation team took with the Navajo Nation. They demonstrated a genuine understanding for the Navajo Nation’s and the Navajo people’s trauma regarding uranium and engaged as a partner in good faith to build a trusting relationship,” said Heather Clah, Navajo Nation acting attorney general. “We look forward to Energy Fuels fulfilling their commitments to the nation.”

Under the agreement, Energy Fuels has agreed to additional protections and accommodations over and above the existing U.S. Department of Transportation requirements for the transportation of uranium ore over public highways. The company will limit transportation to specified routes and hours of the day; will not transport ore on days involving celebrations or public events in respect of the Navajo Nation’s culture and traditions; and will clearly spell out emergency response procedures, notices and reporting requirements.

Other requirements of the agreement include additional transport driver qualification and training requirements, including obtaining Navajo Nation drivers’ licenses; use of cover systems to prevent dust from transport trucks; and provisions for escorts and Native blessings should the tribe decide they are necessary. The two parties may also institute additional inspection procedures to enable the Navajo Nation to ensure that all applicable rules and agreements are being satisfied.

Energy Fuels has also agreed to assist in the cleanup of abandoned mining operations on tribal lands. That includes the company accepting and transporting, at no cost to the Navajo Nation, up to 10,000 tons of uranium-bearing cleanup materials, which are primarily a relic of old U.S. government uranium programs that began in the 1940s, in which Energy Fuels had no involvement. The company has also committed to make further contributions to support the tribe’s transportation safety programs, education, the environment, public health and welfare and local economic development on the Navajo Nation relating to uranium matters.

Negotiation of the agreement began in August 2024, after the company voluntarily halted shipments of uranium ore, and has involved numerous in-person and virtual meetings between the company and the Nation’s senior leadership.

“We have a settlement agreement that will allow the Navajo Nation to monitor and inspect the haul trucks and that provides financial compensation for the expenses to improve safety and protect the environment,” said Stephen B. Etsitty, executive director of the Navajo Nation Environmental Protection Agency.

“We are proud to be a part of a historic agreement with the Navajo Nation, and we are committed to fulfilling our promises to them,” said Chalmers. “We hope this agreement marks the beginning of a constructive relationship that restores trust with our neighbors, while also paving the way for future collaborations on cleanups and other areas of shared interest.”

Energy Fuels is one of the largest uranium producers in the country. Its Blanding mill is the only operating uranium mill in the U.S.