Difference between revisions of "Limited Sovereignty: The Lasting Effects of Uranium Mining on the Navajo Nation"

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{{!}} Example {{!}}{{!}} Example {{!}}{{!}} Example
 
{{!}} Example {{!}}{{!}} Example {{!}}{{!}} Example
 
{{!}}}
 
{{!}}}
 +
}}{{Issue
 +
|Issue Description={{{!}} class="wikitable"
 +
{{!}}-
 +
! Stakeholders !! Position/Role !! Key Issues
 +
{{!}}-
 +
{{!}} Navajo Leaders and People {{!}}{{!}} Protect the Navajo people, environment and the animals; act in the best interest of the Navajo people  {{!}}{{!}}
 +
* Safety of future uranium mining
 +
* Retribution for past damages
 +
* Greater sovereignty for greater control of their destiny
 +
* Economic threat or opportunity
 +
 +
{{!}}-
 +
{{!}} US Federal Government (including the below agencies){{!}}{{!}} The US government has the nation’s interests in its interest; the Nation’s interests may come in conflict with its entrusted care of the Navajo people{{!}}{{!}}
 +
* US security
 +
* US energy independence
 +
* Economic growth
 +
* Protection and support of citizens
 +
* Facilitate work between US government agencies
 +
{{!}}-
 +
{{!}}Environmental Protection Agency{{!}}{{!}} Protect human health and the environment {{!}}{{!}}
 +
* Assess past environmental and health damage due to uranium mining
 +
* Develop new regulators for uranium mining
 +
{{!}}-
 +
 +
{{!}} Nuclear Regulatory Commission {{!}}{{!}}
 +
* Ensure safe use of radioactive material
 +
* Protect human health and environment from radioactive materials
 +
{{!}}{{!}}
 +
* Work with uranium corporations to assess whether they are
 +
{{!}}-
 +
{{!}} Bureau of Indian Affairs {{!}}{{!}} Protect human health and the environment {{!}}{{!}} Aid in the federal assessment process for the uranium mines; advocate on behalf of Navajo
 +
{{!}}-
 +
{{!}} National Institute for Health {{!}}{{!}} Protect human health and the environment {{!}}{{!}} Advocate for better health outcomes; aid in research
 +
{{!}}-
 +
{{!}} State Governments (New Mexico, Utah, Arizona) {{!}}{{!}}
 +
* Each state also has a relationship with the Navajo Nation
 +
* Often states decide on their own environmental regulations, informed by the federal government
 +
* For example: New Mexico has the right to approve mining
 +
{{!}}{{!}}
 +
* Economic growth
 +
* Environmental safety
 +
* Safety and protection of state residents
 +
 +
{{!}}-
 +
{{!}} Uranium Mining Corporations {{!}}{{!}} Obtain the right to mine uranium on the Navajo Nation {{!}}{{!}} Access to uranium
 +
{{!}}-
 +
 +
{{!}} NGOs (for example: DiNEH) {{!}}{{!}}
 +
* Research the impact of uranium and leverage that towards better policy and retribution
 +
* Support Navajo people in their fight for full compensation for past damages done
 +
{{!}}{{!}}
 +
* Gain full compensation for past damages on the Navajo Nation
 +
* Inform future uranium mining on Navajo Nation
 +
 +
{{!}}}
 +
|NSPD=Water Quality; Ecosystems; Governance
 +
|Stakeholder Type=Federated state/territorial/provincial government, Sovereign state/national/federal government, Local Government, Development/humanitarian interest, Environmental interest, Industry/Corporate Interest, Community or organized citizens, Cultural Interest
 
}}{{Issue
 
}}{{Issue
 
|Issue Description={{{!}} class="wikitable"
 
|Issue Description={{{!}} class="wikitable"
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}}
 
}}
 
|Key Questions={{Key Question
 
|Key Questions={{Key Question
 +
|Subject=Power and Politics
 +
|Key Question - Influence=How can government be dis/incentivized to offer an inclusive planning process?
 +
|Key Question Description=The lasting impacts of uranium mining on the Navajo Nation have led to greater costs (environmental, health and economic) for the Navajo Nation and the United States government. In addition, the US government has also been criticized for its treatment of the Navajo population.
 +
 +
The US government, which often sees itself as a leader in the provision of fair judicial processes, has failed to protect the Navajo’s health and livelihoods. Navajo sovereignty is limited by the United States government. The structure of the government is not set up to best serve the Navajo Nation. Thus there are at least two different ways the US government could be incentivized to offer an inclusive planning process:
 +
* First, build a joint committee between the US government and the Navajo Nation to oversee all uranium mining. This would enable greater transparency and encourage more conversations and understanding of the variety of positions. 
 +
* Second, the US government needs to recognize the full cost of the uranium cleanup. They have already spent more than $100m on assessment and cleanup. That adds to the total cost of uranium mining and decreases the total value. That funding is still minimal in comparison with what the US government may be spending in the future to continue to remediate the impacts.
 +
}}{{Key Question
 +
|Subject=Power and Politics
 +
|Key Question - Influence=How does asymmetry of power influence water negotiations and how can the negative effects be mitigated?
 +
|Key Question Description=There is limited shared cooperation and consultation. The Navajo Nation is technically a sovereign nation and thus, should work directly with the United States government. In practice, the Navajo Nation is sovereign to the extent allowed by the United States government.
 +
 +
This makes for an awkward asymmetry of power as the Navajo Nation and the United States government interests may not always align. The Navajo are in a complex place to negotiate. They must negotiate at the state level (for example, with New Mexico) and at the federal level (for example, with the EPA). Often times, the Bureau of Indian Affairs may also step in, adding another layer of complexity. The complexity of the number of players needs to be simplified.
 +
 +
The best-case scenario would involve the Navajo Nation to be respected and treated as a sovereign nation. The varied history between the US government and the Navajo Nation make this complicated in practice, as the US government financially supports some of the operations of the Navajo Nation.
 +
 +
In leaning towards full sovereignty, a structure needs to be developed that would enable the Navajo an equal voice alongside the United States federal government. The Navajo Nation should be able to have the final say on how their lands are used and be able to hold parties accountable for any damage caused.
 +
}}{{Key Question
 
|Subject=Power and Politics
 
|Subject=Power and Politics
 
|Key Question - Dams=
 
|Key Question - Dams=
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|Water Feature=
 
|Water Feature=
 
|Riparian=
 
|Riparian=
|Water Project=
+
|Water Project={{Link Water Project
 +
|Water Project=Indigenous Population
 +
}}{{Link Water Project}}
 
|Agreement=
 
|Agreement=
 
|Summary=The Navajo Nation is a mostly sovereign Native American state located in Arizona, Utah and New Mexico; the tribe has 250,000 people, over 140,000 Navajo live on Navajo land.  
 
|Summary=The Navajo Nation is a mostly sovereign Native American state located in Arizona, Utah and New Mexico; the tribe has 250,000 people, over 140,000 Navajo live on Navajo land.  
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|Topic Tags={{Topic Tag
 
|Topic Tags={{Topic Tag
 +
|Topic Tag=Native American
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}}{{Topic Tag
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|Topic Tag=Navajo
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}}{{Topic Tag
 +
|Topic Tag=Mining
 +
}}{{Topic Tag
 
|Topic Tag=Native American
 
|Topic Tag=Native American
 
}}{{Topic Tag
 
}}{{Topic Tag

Revision as of 17:03, 15 May 2014

{{#var: location map}}


Case Description
Loading map...
Geolocation: 36° 47' 7.9955", -108° 41' 13.3159"
Total Population .1414,000,000 millionmillion
Total Area 7100071,000 km²
27,413.1 mi²
km2
Climate Descriptors Semi-arid/steppe (Köppen B-type)
Predominent Land Use Descriptors industrial use
Important Uses of Water Domestic/Urban Supply, Livestock, Mining/Extraction support
Water Projects: Indigenous Population

Summary

The Navajo Nation is a mostly sovereign Native American state located in Arizona, Utah and New Mexico; the tribe has 250,000 people, over 140,000 Navajo live on Navajo land.

Holding an estimated 25% of the nation’s uranium, Navajo Nation became an attractive uranium-mining site in the 1940s. With the threat of the Cold War, uranium was seen as a necessary element for US security. The US Atomic Energy Commission promised to procure the entire supply of uranium from 1948-1971; this inspired corporations to reap the potential profit by opening mines throughout the Navajo Nation. Even though, research as early as the 1930s found a correlation between lung cancer and uranium, no environmental or occupational regulations were in place for uranium mining.

Over 43 years more than 1000 mines were developed on the Navajo Nation. Water contamination wasn’t a concern early on until the Church Rock dam broke in 1979; this caused the largest nuclear spill in U.S. history. Later on, the Navajo people and the US government realized that in addition to lung cancer, uranium contamination in water led to increased rates of kidney disease and many other negative health impacts.

Though uranium mining stopped on the Nation in the 1980s, there continues to be unremediated open mines, uranium pilings and wastewater. Multiple cases have been filed against the US government and mining corporations. As explained below, because uranium was mined for US security, seeking retribution has been difficult.

This case explores the power inequities between the US government and the Navajo Nation. It offers insights that could be used for future Navajo cases and for other Native American cases. This history is important at this moment because uranium mining is once again becoming popular for US energy independence. While the Navajo Nation banned uranium mining in 2005, there is question of whether that decision will be respected both internally by leaders throughout the Navajo Nation and externally by the US government and corporations.



Natural, Historic, Economic, Regional, and Political Framework

Issues and Stakeholders



Stakeholders Position/Role Key Issues
Navajo Leaders and People Protect the Navajo people, environment and the animals; act in the best interest of the Navajo people
  • Safety of future uranium mining
  • Retribution for past damages
  • Greater sovereignty for greater control of their destiny
  • Economic threat or opportunity
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example



Stakeholders Position/Role Key Issues
Navajo Leaders and People Protect the Navajo people, environment and the animals; act in the best interest of the Navajo people
  • Safety of future uranium mining
  • Retribution for past damages
  • Greater sovereignty for greater control of their destiny
  • Economic threat or opportunity
US Federal Government (including the below agencies) The US government has the nation’s interests in its interest; the Nation’s interests may come in conflict with its entrusted care of the Navajo people
* US security
* US energy independence
* Economic growth
* Protection and support of citizens
* Facilitate work between US government agencies
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example
Example Example Example

NSPD: Water Quality, Ecosystems, Governance
Stakeholder Types: Federated state/territorial/provincial government, Sovereign state/national/federal government, Local Government, Development/humanitarian interest, Environmental interest, Industry/Corporate Interest, Community or organized citizens, Cultural Interest

Stakeholders Position/Role Key Issues
Navajo Leaders and People Protect the Navajo people, environment and the animals; act in the best interest of the Navajo people
  • Safety of future uranium mining
  • Retribution for past damages
  • Greater sovereignty for greater control of their destiny
  • Economic threat or opportunity
US Federal Government (including the below agencies) The US government has the nation’s interests in its interest; the Nation’s interests may come in conflict with its entrusted care of the Navajo people
* US security
* US energy independence
* Economic growth
* Protection and support of citizens
* Facilitate work between US government agencies
Environmental Protection Agency Protect human health and the environment
  • Assess past environmental and health damage due to uranium mining
  • Develop new regulators for uranium mining
Nuclear Regulatory Commission
  • Ensure safe use of radioactive material
  • Protect human health and environment from radioactive materials
  • Work with uranium corporations to assess whether they are
Bureau of Indian Affairs Protect human health and the environment Aid in the federal assessment process for the uranium mines; advocate on behalf of Navajo
National Institute for Health Protect human health and the environment Advocate for better health outcomes; aid in research
State Governments (New Mexico, Utah, Arizona)
  • Each state also has a relationship with the Navajo Nation
  • Often states decide on their own environmental regulations, informed by the federal government
  • For example: New Mexico has the right to approve mining
  • Economic growth
  • Environmental safety
  • Safety and protection of state residents
Uranium Mining Corporations Obtain the right to mine uranium on the Navajo Nation Access to uranium
NGOs (for example: DiNEH)
  • Research the impact of uranium and leverage that towards better policy and retribution
  • Support Navajo people in their fight for full compensation for past damages done
  • Gain full compensation for past damages on the Navajo Nation
  • Inform future uranium mining on Navajo Nation

NSPD: Water Quality, Ecosystems, Governance
Stakeholder Types: Federated state/territorial/provincial government, Sovereign state/national/federal government, Local Government, Development/humanitarian interest, Environmental interest, Industry/Corporate Interest, Community or organized citizens, Cultural Interest

Stakeholders Position/Role Key Issues
Navajo Leaders and People Protect the Navajo people, environment and the animals; act in the best interest of the Navajo people
  • Safety of future uranium mining
  • Retribution for past damages
  • Greater sovereignty for greater control of their destiny
  • Economic threat or opportunity
US Federal Government (including the below agencies) The US government has the nation’s interests in its interest; the Nation’s interests may come in conflict with its entrusted care of the Navajo people
* US security
* US energy independence
* Economic growth
* Protection and support of citizens
* Facilitate work between US government agencies
Environmental Protection Agency Protect human health and the environment
  • Assess past environmental and health damage due to uranium mining
  • Develop new regulators for uranium mining
Nuclear Regulatory Commission
  • Ensure safe use of radioactive material
  • Protect human health and environment from radioactive materials
  • Work with uranium corporations to assess whether they are
Bureau of Indian Affairs Protect human health and the environment Aid in the federal assessment process for the uranium mines; advocate on behalf of Navajo
National Institute for Health Protect human health and the environment Advocate for better health outcomes; aid in research
State Governments (New Mexico, Utah, Arizona)
  • Each state also has a relationship with the Navajo Nation
  • Often states decide on their own environmental regulations, informed by the federal government
  • For example: New Mexico has the right to approve mining
  • Economic growth
  • Environmental safety
  • Safety and protection of state residents
Uranium Mining Corporations Obtain the right to mine uranium on the Navajo Nation Access to uranium
NGOs (for example: DiNEH)
  • Research the impact of uranium and leverage that towards better policy and retribution
  • Support Navajo people in their fight for full compensation for past damages done
  • Gain full compensation for past damages on the Navajo Nation
  • Inform future uranium mining on Navajo Nation

NSPD: Water Quality, Ecosystems, Governance
Stakeholder Types: Federated state/territorial/provincial government, Sovereign state/national/federal government, Local Government, Development/humanitarian interest, Environmental interest, Industry/Corporate Interest, Community or organized citizens, Cultural Interest

Stakeholders Position/Role Key Issues
Navajo Leaders and People Protect the Navajo people, environment and the animals; act in the best interest of the Navajo people
  • Safety of future uranium mining
  • Retribution for past damages
  • Greater sovereignty for greater control of their destiny
  • Economic threat or opportunity
US Federal Government (including the below agencies) The US government has the nation’s interests in its interest; the Nation’s interests may come in conflict with its entrusted care of the Navajo people
* US security
* US energy independence
* Economic growth
* Protection and support of citizens
* Facilitate work between US government agencies
Environmental Protection Agency Protect human health and the environment
  • Assess past environmental and health damage due to uranium mining
  • Develop new regulators for uranium mining
Nuclear Regulatory Commission
  • Ensure safe use of radioactive material
  • Protect human health and environment from radioactive materials
  • Work with uranium corporations to assess whether they are
Bureau of Indian Affairs Protect human health and the environment Aid in the federal assessment process for the uranium mines; advocate on behalf of Navajo
National Institute for Health Protect human health and the environment Advocate for better health outcomes; aid in research
State Governments (New Mexico, Utah, Arizona)
  • Each state also has a relationship with the Navajo Nation
  • Often states decide on their own environmental regulations, informed by the federal government
  • For example: New Mexico has the right to approve mining
  • Economic growth
  • Environmental safety
  • Safety and protection of state residents
Uranium Mining Corporations Obtain the right to mine uranium on the Navajo Nation Access to uranium
NGOs (for example: DiNEH)
  • Research the impact of uranium and leverage that towards better policy and retribution
  • Support Navajo people in their fight for full compensation for past damages done
  • Gain full compensation for past damages on the Navajo Nation
  • Inform future uranium mining on Navajo Nation


Analysis, Synthesis, and Insight

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Key Questions

Power and Politics: How can government be dis/incentivized to offer an inclusive planning process?

The lasting impacts of uranium mining on the Navajo Nation have led to greater costs (environmental, health and economic) for the Navajo Nation and the United States government. In addition, the US government has also been criticized for its treatment of the Navajo population.

The US government, which often sees itself as a leader in the provision of fair judicial processes, has failed to protect the Navajo’s health and livelihoods. Navajo sovereignty is limited by the United States government. The structure of the government is not set up to best serve the Navajo Nation. Thus there are at least two different ways the US government could be incentivized to offer an inclusive planning process:

  • First, build a joint committee between the US government and the Navajo Nation to oversee all uranium mining. This would enable greater transparency and encourage more conversations and understanding of the variety of positions.
  • Second, the US government needs to recognize the full cost of the uranium cleanup. They have already spent more than $100m on assessment and cleanup. That adds to the total cost of uranium mining and decreases the total value. That funding is still minimal in comparison with what the US government may be spending in the future to continue to remediate the impacts.



Power and Politics: How does asymmetry of power influence water negotiations and how can the negative effects be mitigated?

There is limited shared cooperation and consultation. The Navajo Nation is technically a sovereign nation and thus, should work directly with the United States government. In practice, the Navajo Nation is sovereign to the extent allowed by the United States government.

This makes for an awkward asymmetry of power as the Navajo Nation and the United States government interests may not always align. The Navajo are in a complex place to negotiate. They must negotiate at the state level (for example, with New Mexico) and at the federal level (for example, with the EPA). Often times, the Bureau of Indian Affairs may also step in, adding another layer of complexity. The complexity of the number of players needs to be simplified.

The best-case scenario would involve the Navajo Nation to be respected and treated as a sovereign nation. The varied history between the US government and the Navajo Nation make this complicated in practice, as the US government financially supports some of the operations of the Navajo Nation.

In leaning towards full sovereignty, a structure needs to be developed that would enable the Navajo an equal voice alongside the United States federal government. The Navajo Nation should be able to have the final say on how their lands are used and be able to hold parties accountable for any damage caused.



Power and Politics: How can government be dis/incentivized to offer an inclusive planning process?

The lasting impacts of uranium mining on the Navajo Nation have led to greater costs (environmental, health and economic) for the Navajo Nation and the United States government. In addition, the US government has also been criticized for its treatment of the Navajo population.

The US government, which often sees itself as a leader in the provision of fair judicial processes, has failed to protect the Navajo’s health and livelihoods. Navajo sovereignty is limited by the United States government. The structure of the government is not set up to best serve the Navajo Nation. Thus there are at least two different ways the US government could be incentivized to offer an inclusive planning process:

  • First, build a joint committee between the US government and the Navajo Nation to oversee all uranium mining. This would enable greater transparency and encourage more conversations and understanding of the variety of positions.
  • Second, the US government needs to recognize the full cost of the uranium cleanup. They have already spent more than $100m on assessment and cleanup. That adds to the total cost of uranium mining and decreases the total value. That funding is still minimal in comparison with what the US government may be spending in the future to continue to remediate the impacts.



Power and Politics: How does asymmetry of power influence water negotiations and how can the negative effects be mitigated?

There is limited shared cooperation and consultation. The Navajo Nation is technically a sovereign nation and thus, should work directly with the United States government. In practice, the Navajo Nation is sovereign to the extent allowed by the United States government.

This makes for an awkward asymmetry of power as the Navajo Nation and the United States government interests may not always align. The Navajo are in a complex place to negotiate. They must negotiate at the state level (for example, with New Mexico) and at the federal level (for example, with the EPA). Often times, the Bureau of Indian Affairs may also step in, adding another layer of complexity. The complexity of the number of players needs to be simplified.

The best-case scenario would involve the Navajo Nation to be respected and treated as a sovereign nation. The varied history between the US government and the Navajo Nation make this complicated in practice, as the US government financially supports some of the operations of the Navajo Nation.

In leaning towards full sovereignty, a structure needs to be developed that would enable the Navajo an equal voice alongside the United States federal government. The Navajo Nation should be able to have the final say on how their lands are used and be able to hold parties accountable for any damage caused.



Tagged with: Native American Navajo Mining Native American Navajo Mining Native American Navajo Mining Native American Navajo Mining Native American Navajo Mining Native American Navajo Mining