Judge says environmental studies followed the law and that the government has the right to err on the side of caution
FRISCO — A 20-year ban on uranium mining on lands surrounding the Grand Canyon withstood a legal challenge from industry interests and local governments this week, as U.S. District Court Judge David Campbell ruled in favor of the federal government.
“The Court can find no legal principle that prevents DOI from acting in the face of uncertainty. Nor can the Court conclude that the Secretary abused his discretion or acted arbitrarily, capriciously, or in violation of law when he chose to err on the side of caution in protecting a national treasure – Grand Canyon National Park,” Campbell wrote in his Sept. 30 ruling that dismissed the lawsuit.
Salazar announced his intent to withdraw the lands in 2009 and the decision was finalized in 2012 after extensive studies to assess the potential impacts to the environment. Overall, the reviews showed that there was low risk for serious contamination of water sources, but that the consequences could be serious.
A U.S. Geological Survey study found water from 15 springs and five wells in the region where dissolved uranium concentrations exceeded EPA maximu concentrations for drinking water. The agency was uncertain whether these concentrations resulted from mining, natural processes, or both.
The USGS also found that floods, flas floods, and debris flows caused by winter storms and intense summer thunderstorms transported substantial volumes of trace elements and radionuclides, and that fractures, faults, sinkholes, and breccia pipes occur throughout the area and are potential pathways for downward migration of contaminants.
Conservation groups and Arizona’s Havasupai Tribe praised the decision.
“The Havasupai support the withdrawal of the lands from mining for the protection of our homes and our water. The ruling today by Judge Campbell recognizes the unique and important resources on the lands south of Grand Canyon that are our aboriginal homelands and within the watershed that feeds our springs and flows into our canyon home,” said Havasupai Chairman Rex Tilousi.