Piñon Ridge Hearing Process Gets Underway (The Watch)

WESTERN SLOPE – A public hearing process that convened in Nucla this week provides a fresh start for advocates and opponents of the proposed Piñon Ridge Uranium Mill to make their case for and against the facility.The proposed Piñon Ridge Mill, located about 12 miles west of Naturita in the Paradox Valley, is designed to process uranium and vanadium ores. The Colorado Department of Public Health and Environment is holding the hearing to take public comment on an Environmental Impact Assessment that will guide its decision whether to grant a Radioactive Materials License to Energy Fuels for the Piñon Ridge facility.An hour-long morning conference in Nucla on Monday, Oct. 15, marked the official starting point of the hearing process. The short meeting addressed some logistical and procedural issues in advance of the formal evidentiary phase of the hearing from Nov. 7-13. Various parties of interest attending the conference by phone or in person included attorneys for Sheep Mountain Alliance and Energy Fuels, and a contingent from CDPHE.The matter began almost two years ago when Sheep Mountain Alliance, the Telluride-based grassroots conservation organization, and Western Mining Action Project, an advocacy group in Lyons, filed a legal challenge against CDPHE after the agency granted a Radioactive Materials License to Energy Fuels for the proposed Piñon Ridge facility. The plaintiffs argued that CDPHE had failed to conduct a proper public hearing and review process at that time. Telluride and Ophir became co-plaintiffs in the suit later that year.In March 2012, the Feds weighed in on the matter with a ruling from the U.S. Nuclear Regulatory Commission that CDPHE had indeed bungled its initial licensing decision by failing to provide an opportunity for public comment. In accordance with the NRC’s findings, Denver District Judge John McMullen invalidated the initial Radioactive Materials License in June 2012, and mandated the formal public hearing that is now getting underway.Both Telluride and San Miguel County had requested and been granted Party Status in the public hearing. Last week, the town and county entered into a Settlement Agreement with Energy Fuels that removes them as active participants in the hearing process but preserves their Party Status. The settlement includes provisions related to transportation of radioactive material, financial surety, and protection of area watersheds. Energy Fuels' obligations under the settlement agreement will not be triggered unless or until operations begin at the mill.Per the terms of the Settlement Agreement, the town and county may choose to attend or not attend any and all aspects of the public hearing, but will not actively participate in the formal evidentiary part of the proceeding.If CDPHE ultimately grants an approval to Energy Fuels for the proposed Pinon Ridge mill that disregards the terms of the Settlement Agreement, the town and county retain the ability as parties to the administrative proceeding to protest or appeal the decision and to seek to enforce the terms of the settlement through litigation.Judge Richard “Dick” Dana is presiding over the hearing process. He is the co-founder of the Judicial Arbiter Group, which retains a stable of former trial and appellate judges to provide dispute resolution and litigation management services. According to the JAG website, Dana has established a national reputation in the resolution of complex CERCLA related environmental litigation and professional malpractice cases. He presided over similar hearings related to the Cotter and Uravan uranium mills.One issue discussed at Monday’s conference was how to handle some confidential documents which Energy Fuels disclosed to the plaintiffs but does not want released to the general public through the course of the hearing.Energy Fuels spokesman Curtis Moore said the items contain trade secrets. “We don’t want them getting out to our competition,” he explained. “The judge agreed we could keep some of these items confidential.”Judge Dana also granted the plaintiff more time to prepare arguments and present expert witnesses, Moore said.Travis Stills, an environmental lawyer representing Sheep Mountain Alliance, encourages interested parties to submit their written comments related to the Piñon Ridge proceeding before Nov. 7, although the ability to file written comments will be available through the close of the hearing on Nov. 13.“Folks shouldn’t rely on Sheep Mountain Alliance to make sure their concerns are put forward,” Stills said. “It’s important people do step up and participate. Without public participation this is an empty exercise.”In addition to written comments, there will be opportunity for members of the public to make oral comments each day of the hearing starting at 4 p.m., as well as during the entire afternoon of Monday, Nov. 12.The hearing will be an “interesting hybrid,” Stills said, in that it will resemble a regular courtroom proceeding but also incorporate the public comment aspect.The hearing will be held at the Loyal Order of Moose Lodge 635 located at 1045, Main Street in Nucla. Written comments should be directed to Richard Dana, Judicial Arbiter Group, Inc., 1601 Blake Street, Suite 400, Denver, CO, 80202 or at rdana@jaginc.com.The Watch: Piñon Ridge Hearing Process Gets Underway