This particular media blitz by the companies – Powertech Uranium and its parent company, enCore Energy — is important.  Two State of South Dakota decision-making boards that were holding hearings on various permits for the project stopped their processes in 2013.  They both said that they would not re-start the state permitting processes until the company had all of its federal permits for the Dewey-Burdock project.

Opposition to the proposed project has included a public vote that established that uranium mining is illegal in Fall River County.  This is a clear statement of public opinion, as well as legally binding.  There have also been meetings, appeals, lawsuits, rallies, forums, resolutions by tribal governments and the state’s doctors and its second-largest city, dozens of individuals intervening in hearings — and one would think that the companies would take the hint.

But they haven’t.  Instead they are continuing to try to do permanent harm to the Black Hills and the water on which life here is based.  And bending the truth to feed their greed.

So here is the actual situation at this point in time.  At least two of the federal government agencies that have a say in the project have tried to grant permits in situations in which there are active legal actions against their attempts to make decisions.  Black Hills Clean Water Alliance is one of the plaintiffs in these lawsuits, along with the Oglala Sioux Tribe and NDN Collective.

The first situation involves the Nuclear Regulatory Commission (NRC), which made a “decision” to allow the renewal of Powertech’s license to handle radioactive materials in June 2026 – while the renewal process was under a legal challenge.  New or amended statements of issues can still be filed, and the legal issues will probably go to a hearing at some point.

The second situation involves the Environmental Protection Agency (EPA).  The EPA’s attempts to permit the Dewey-Burdock project to use and contaminate water from two aquifers, pump the remaining wastes into a third aquifer, and forbid the use of an aquifer for drinking water in perpetuity have been appealed repeatedly.  But in all the legal cycling, the issues under appeal have never been considered by a court.  That changed recently, as the case is now before the federal Court of Appeals for the Eighth Circuit.  There will be oral arguments in this case, probably in early 2027, with a decision six to nine months later.

Legal action around both of these agencies’ decisions has been going on for years, without solutions to major issues at the Dewey-Burdock site, including the failure to properly protect cultural and historical resources and water.

A third federal agency, the Bureau of Land Management, recently told the uranium companies that they could build infrastructure on a very small sliver of the 10,000+-acre project.  There is the possibility that this will be appealed, as well.

Any company that was trying to be fully truthful would have made all this clear.  But that was not done.  Instead, it appears that the company is trying to push the state to take the action it wants and to fool the public, the media, its investors, and potential investors. 

In its rush to get its state permits – or to look like it is getting its state permits – and while the federal permits are in limbo, Powertech/enCore has tried to get the state permitting processes going again.  They also tried to do this in 2021, without success. 

The state Department of Agriculture and Natural Resources (DANR) has encouraged the companies to re-apply for their permits, rather than to pick up where things were in 2013.  Since then, people who were parties to the hearings have passed away or moved away, and new people are interested in this issue.  DANR leadership has changed, and the staff member who took the lead on these issues retired and was replaced.  Membership on the state decision-making boards has changed.  Powertech has had a couple new ownership arrangements.  So there is an obvious learning curve for state employees and Board members before they can consider any new permit application.

In response, the company has submitted new water rights applications.  There is apparently not a new mining permit application at this time.  Powertech has not yet officially withdrawn its old permit applications.

The submission of new applications re-starts the state permitting processes from the beginning, so individuals and groups will be able to sign up as intervenors in those processes.  Assuming someone does that, there will be a public hearing.  So if the water rights applications are okayed for continued processing, people who want to protect water have a clear opportunity to do that by becoming intervenors in the process.

In the meantime, it’s important to learn about this proposed project and to share what we learn with our friends and families.  The consideration of the Dewey-Burdock project has been going on for awhile, and the resulting information is voluminous, but most of it is summarized on our website at https://bhcleanwateralliance.org/dewey-burdock-project or on the state’s website at https://danr.sd.gov/public/ContestedCase.aspx

You can also find other important SD-DANR links on our website HERE.

This situation is a reminder to all of us to check our facts.  It’s difficult in this world of semi-fact, conspiracies, and rushed responses to remember to stop – ask – and check it out for yourself.  When we don’t do those things, there can be real damage – to ourselves, as well as to others and to our united efforts to protect the Black Hills.  Saving the Black Hills and their waters from the current onslaught of mining proposals is important, and we encourage everyone to act with courage, respect, and mindfulness of what is at stake.