Company must pay for uranium clean-up, rules Court

Company held liable for uranium clean up costs on Navajo Nation http://www.daily-times.com/four_corners-news/ci_24745579/company-held-liable-uranium-clean-up-costs-navajo

Tribal officials applaud court decision

By Noel Lyn Smith The Daily Times Farmington — The Navajo Nation is among those hoping a recent court decision will provide millions of dollars to clean up areas impacted by uranium mining and milling activities.

U.S. Bankruptcy Judge Allan Gropper decided last Thursday that Anadarko Petroleum Corp. is liable for billions of dollars in environmental cleanup costs, including uranium mines and mills that were once operated on the Navajo Nation by the Kerr-McGee Corp. However, Anadarko officials say the decision is not final and have indicated they will appeal.

Uranium mining started on tribal lands in 1944 to provide a source for atomic power. Over the years, that activity left more than 500 abandoned uranium mines, according to the U.S. Environmental Protection Agency.

Kerr-McGee started mining and milling uranium in Arizona’s Lukachukai Mountains in 1952 and eventually built a 77-acre uranium disposal cell in Shiprock, which the company operated from 1954 to 1963.

The company also operated numerous businesses that left a trail of contamination across the United States, including radioactive thorium in Illinois, rocket fuel waste in Nevada, and creosote waste in the Midwest, Northeast and South.

The court decision, issued in the Southern District of New York, found that Anadarko and Kerr-McGee acted with “intent to hinder” certain creditors, including the Navajo Nation, when the company fraudulently conveyed assets to Tronox Inc. to evade its debts, which included its liability for environmental clean-up at toxic sites across the country.

Tronox, a paint materials company, filed for bankruptcy in January 2009.

According to the U.S. Attorney’s Office in the Southern District of New York, Anadarko could pay between $5.1 billion and $14 billion for cleanup costs, with the Navajo Nation potentially receiving $880 million to $2.4 billion.

“Any funds resulting from this lawsuit are welcomed and long overdue,” Navajo Nation President Ben Shelly said in a statement.

As member of Non Proliferation Treaty, Iran can enrich uranium

Legal right to enrich uranium  for Iran http://www.tehrantimes.com/politics/112302-uranium-enrichment-is-a-right-hans-blix 23 Nov 13, TEHRAN — Hans Blix, the former director of the International Atomic Energy Agency, says his interpretation of Article IV of the nuclear Non-Proliferation Treaty is that uranium enrichment is a “right”.

The remarks by Blix come as Iran and the six major powers (the five permanent members of the UN Security Council plus Germany, known as the 5+1 group) are negotiating in Geneva.

Iran says its right to enrichment, as a signatory to the NPT, must be recognized by the West.

 Blix said definition of enrichment is a matter of difference between Iran and the six powers.

 The former IAEA chief said Iran says according to the NPT uranium enrichment is its right but certain countries among the 5+1 group have another interpretation and argue that there is not something as the “right to enrichment”.

The Article IV of the NPT says:

1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.

2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.

Legal rights: yes Iran CAN enrich uranium

Bottom line: At present Iran has the legal right under treaty to enrich uranium. It may be persuaded to give up that right in negotiations, but there is at present no justification for holding it to this unreasonable demand.

Does Iran Have the Right to Enrich Uranium? The Answer Is Yes Dissident Voice,  by William O. Beeman / November 2nd, 2013 Now that serious talks with Iran over its nuclear program are underway, one seemingly insurmountable issue is whether Iran has the right to enrich uranium. The short answer is: Yes.

Those who are trying to torpedo the ongoing talks, including Israeli Prime Minister Benjamin Netanyahu, want Iran to be forced to agree to the whole monty–a complete cessation of uranium enrichment and a dismantling of all enrichment facilities.

Iran claims that it has the inalienable right to enrich uranium as guaranteed in the Nuclear Non-proliferation Treaty (NPT) to which it is a signatory.

The NPT treaty language is quite clear. In Article IV of the treaty it states: “Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.”

The United States is claiming that under the treaty Iran does not have the right to uranium enrichment because this activity is not specifically cited in the treaty:………

It should be obvious that United States government has no authority to interpret this international treaty on its own with no input or ratification from the other 189 signatories (North Korea withdrew in 2003). Aside from that, however, if Washington takes the position that Iran does not have the right to enrich uranium under the NPT, it is acting unilaterally and is out of sync with its allies and with the very organizations it cites on this policy, such as the International Atomic Energy Association (IAEA). It is worth noting that Israel has no say in this matter, because it is not a signatory to the NPT………

………In light of this information it seems clear that the United States has singled out Iran for prejudicial treatment among NPT signatories. If the United States is viewing uranium enrichment on a case by case basis, then Iran is the only nation that is being treated in this manner.

…….It is clear that the only way that the United States can claim that Iran does not have the right to enrich uranium is by ignoring the provisions of the NPT as they have been understood by the international community, by singling out Iran for prejudicial treatment, and by ignoring its own intelligence regarding Iran’s nuclear program.

Bottom line: At present Iran has the legal right under treaty to enrich uranium. It may be persuaded to give up that right in negotiations, but there is at present no justification for holding it to this unreasonable demand. http://dissidentvoice.org/2013/11/does-iran-have-the-right-to-enrich-uranium-the-answer-is-yes/

Cancer victims had radioactive thorium and cesium in their bodies

The nuclear physicist Evandro Lodi Rizzini of Brescia University and CERN (European Organization for Nuclear Research) found elevated levels of radioactive thorium 232 and cerium (proving that the thorium was man-made) in the tissues of 15 of 18 bodies of Quirra-area shepherds who died of cancer between 1995 and 2000.

On March 24, 2012 Fiordalisi indicted twenty people on charges of “willful omission of precautions against injury and aggravated disasters or because they falsely certified the absence of pollution with the aim to “hide the environmental disaster.” The documents from Fiordalisi’s investigation have now been turned over to a tribunal for prosecution. Read More Here… http://www.nonukes.it/rna/nothorium/news200.html

India’s farmers agitate, plan court action, against uranium minng

Uranium mining: State defies Centre http://www.deccanchronicle.com/130908/news-current-affairs/article/uranium-mining%E2%80%88state-defies-centre  DC | K.N. Reddy Gulbarga: Upset with the decision of authorities of the revenue department to resume acquisition of land around Saidapur, Diggi and Gogi villages for extraction of Uranium, farmers of Yadgir district have decided to resume their agitation as well as approach the court for justice.

Farmers were relieved when the Union ministry of environment and forests issued an order scrapping the mining unit three months ago. District authorities, however, continued with the process of acquisition of land after halting it temporarily.

According to information available, the district authorities have acquired 163 acres and four guntas of land in Saidapur and Diggi for mining Uranium.

The plant would be set up on a hillock where the borders of Saidapur, Umaradoddi and Diggi villages meet. While 46 acres and 15 guntas have been acquired in Saidapur village, followed by 116 acres and 32 guntas in Diggi village limits, and 49 acres and 19 guntas under Gogi and Umaraddi village limits.

“We cannot even buy a 30 X 40 ft site in our village with the compensation amount awarded for an acre of our land. How can we accept this? We will launch an agitation against this” says Bhimareddy Patil, President of Raithara Horata Samiti.

When contacted, deputy commissioner of Yadgir F M Jamadar admitted that authorities have resumed acquisition of land acquisition. “We are doing this as we have not received any intimation from the government directing us to stop the land acquition process,” he added.

Asked about the order of the Union government, scrapping the unit, Jamadar said “the Centre may have issued the order asking Uranium Corporation of India Limited to wind up the project. But we have received no information to stop the land acquition process.”

Australian tax cheats: Paladin Energy is among the suspected companies

Advocacy group ActionAid claims poor countries are losing more than $130 billion in tax revenues a year by giving generous tax breaks to big companies, including Australian miners. There are about 240 Australian mining companies with operations in Africa.

Perth-based uranium miner Paladin Energy, came under scrutiny for its tax arrangements in Malawi where it runs a mine in Karonga. A report by the group Norwegian Church Aid alleges there are discrepancies between Paladin’s reported tax and its tax paid. It also alleges other payments by Paladin in Malawi are lower than the company reports.

Paladin has subsidiaries registered in Mauritius and the British Virgin Islands, both tax havens. Last year’s annual report showed the company accumulated losses that mean it will need to make profits totalling $208 million in Australia before paying any tax.

Tax man takes scalpel to energy and resources firms http://www.theage.com.au/national/tax-man-takes-scalpel-to-energy-and-resources-firms-20130705-2phat.html  July 6, 2013 Georgia Wilkins The Tax Office will open 60 cases of suspected tax dodging by Australian and international companies amid global pressure to crack down on profit shifting.

The investigations will add to the 26 cases of offshore restructuring already under review by the government body.

Under scrutiny are companies that deliberately restructure their business to route profits through low-tax jurisdictions or tax havens to avoid paying higher taxes in Australia, often through the use of post box companies or marketing hubs that have little real substance.

”The government has given the ATO a further appropriation of money to do more about this restructuring risk,” Deputy Commissioner Mark Konza, who is heading the ATO’s new taskforce into offshore tax schemes, said.

Judge revokes New Mexico uranium mine permit

Judge overturns uranium mine permit http://www.abqjournal.com/main/224658/abqnewsseeker/judge-overturns-uranium-mine-permit.html By Associated Press on Tue, Jul 23, 2013 SANTA FE (AP) — A lawyer for environmental groups say a Santa Fe judge has overturned a decision by Gov. Susana Martinez’s administration granting a permit for a uranium mine to remain inactive without any cleanup.

Eric Jantz of the New Mexico Environmental Law Center said District Judge Raymond Ortiz’s decision on Monday will send the case back to the state Mining and Minerals Division for further public hearings.
The agency renewed a standby permit last year for Rio Grande Resources’ Mount Taylor mine near Grants.

The judge ruled Amigos Bravos and the Multicultural Alliance for a Safe Environment weren’t adequately allowed to raise issues about protecting ground water from contamination from mining waste piles.
The judge also said the agency wrongly kept a company report confidential on the mine’s economic viability.

Indigenous Americans resist uranium mining

The proposed legislation can be found at the website of Defenders of the Black Hills,

Uranium Mining and Native Resistance: The Uranium Exploration and Mining Accountability Act http://intercontinentalcry.org/uranium-mining-and-native-resistance-the-uranium-exploration-and-mining-accountability-act/  BY CURTIS KLINE • JUL 2, 2013 NATIVE AMERICANS IN THE NORTHERN GREAT PLAINS HAVE THE HIGHEST CANCER RATES IN THE UNITED STATES, PARTICULARLY LUNG CANCER. IT’S A PROBLEM THAT THE UNITED STATES GOVERNMENT HAS WOEFULLY IGNORED, MUCH THE HORROR OF THE MEN AND WOMEN WHO MUST CARRY THE PAINFUL, LIFE-THREATENING BURDEN.

The cancer rates started increasing drastically a few decades after uranium mining began on their territory.

According to a report by Earthworks, “Mining not only exposes uranium to the atmosphere, where it becomes reactive, but releases other radioactive elements such as thorium and radium and toxic heavy metals including arsenic, selenium, mercury and cadmium. Exposure to these radioactive elements can cause lung cancer, skin cancer, bone cancer, leukemia, kidney damage and birth defects.”

Today, in the northern great plains states of Wyoming, Montana and the Dakotas, the memory of that uranium mining exists in the form of 2,885 abandoned open pit uranium mines. All of the abandoned mines can be found on land that is supposed to be for the absolute use of the Great Sioux Nation under the 1868 Fort Laramie Treaty with the United States.

There are also 1,200 abandoned uranium mines in the Navajo Nation, where cancer rates are also significantly disproportionate. In fact, it is estimated that 60 to 80 percent of all uranium in the United States is located on tribal land, and three fourths of uranium mining worldwide is on Indigenous land.

Defenders of the Black Hills, a group whose mission is to preserve, protect, restore, and respect the area of the 1851 and 1868 Fort Laramie Treaties, is calling the health situation in their own territoryAmerica’s Chernobyl.

It’s not far from the truth. A nuclear physics professor from the University of Michigan, Dr. K. Kearfott, Ph. D., who studied the situation in northwestern South Dakota as well as the situation in Japan has said,

“The radiation levels in parts I visited with my students were higher than those in the evacuated zones around the Fukushima nuclear disaster…”

The contamination from the mines escapes into the air. It poisons grain that is fed to cattle that provide milk and beef for the rest of the nation. The abandoned uranium mines of the Cave Hills in northwestern South Dakota empty into the Grand River which flows through the Standing Rock Indian Reservation. Three villages are located on the Grand River and their residents have used the water for drinking and other domestic purposes for generations. The water runoff from the Slim Buttes abandoned uranium mines empty into the Morreau River which flows through the Cheyenne River Indian Reservation. Both of these rivers empty into the Missouri River which empties into the Mississippi.

Defending their lands, their food, air and water, defending their health and right to thrive as a people, the Defenders of the Black Hills have written legislation, The Uranium Exploration and Mining Accountability Act, calling for study and remediation. This legislation proposes to place a moratorium on any processing or approval of new licenses for uranium exploration or mining operations until all abandoned mines in the country have been cleaned up.

In the last years, uranium mining interests in the United States for use at nuclear power plants has been growing. Being sold as a safer, cleaner and renewable energy, nuclear energy is on the table for America’s desire for energy independence.

However, as it has been witnessed by the Native communities suffering from the health impacts of these mines, who have also lost access to sacred sites, hunting and fishing territory, and land to grow crops, nuclear energy is just another extractive industry with serious adverse health and environmental effects.

The proposed legislation can be found at the website of Defenders of the Black Hills, along with a letter to representative Raul Grijalva from Arizona, urging him to sponsor the legislation. The uranium mines within the 1868 Fort Laramie Treaty territory were never consented to by the Native American communities who now have to suffer the effects of the poisons these mines emit.

USA sued by British uranium firm over protection of Grand Canyon lands

British Uranium Firm Sues U.S. for $132 Million Over Grand Canyon Mining Ban http://www.grandcanyontrust.org/news/2013/06/british-uranium-firm-sues-u-s-for-132-million-over-grand-canyon-mining-ban/ June 25, 2013 by gctrust WASHINGTON D.C.— On June 21st, British uranium firm VANE Minerals sued the United States in Washington’s U.S. Court of Claims over the Department of the Interior’s January 2012 decision to protect 1 million acres of public lands around Grand Canyon National Park from new uranium mining.  VANE’s suit, which claims that uranium mining in Grand Canyon’s watershed “would have no adverse impacts,” seeks up to $132 million from U.S. taxpayers.  This is VANE’s second attempt to bring such a suit against the U.S.

Nuclear Regulatory Commission’s rules on uranium and thorium

NRC Finalizes Rules on Using & Distributing Uranium & Thorium http://smnewsnet.com/archives/66243   2 June 13,  The Nuclear Regulatory Commission is amending its regulations for products and materials containing unenriched uranium and thorium, also known as source material. The changes include new requirements for distributing source material and licensing its use.

Manufacturers and importers of products that can be used without a license—such as welding rods and gas lantern mantles that contain thorium, and decorative glassware containing uranium—will now need to apply to the NRC for specific licenses to distribute these products. Such licenses will impose new requirements for labeling, quality control, reporting and recordkeeping.

The new regulations also modify distribution, possession and use requirements for small quantities of source material that can be used or transferred without a specific license. Distributors of small quantities must now apply for specific licenses. For source material being processed or in a dispersible form, such as liquid or powder, the limit on the use or transfer at any one time without a license is decreasing from 15 to 3.3 pounds; the annual limit will drop from 150 to 15.4 pounds. Limits are not changing for anyone possessing source material in a solid, non-dispersible form (such as display samples of depleted uranium metal), removing uranium from drinking water, or determining the concentration of uranium and thorium in a material at a laboratory.

Finally, the new regulations expand the exemption from licensing for optical lenses containing thorium to include lenses and mirrors coated with or containing uranium or thorium. These products are typically used in lasers or other high-technology optical systems.
These new license requirements and possession limits are intended to ensure those who possess source material do so safely, and that the NRC has a better understanding of how much source material is being distributed annually.