enCore Energy (EU) announced that the EPA Environmental Appeals Board has denied in full a petition for review filed by the Oglala Sioux Tribe, Black Hills Clean Water Alliance, and NDN Collective against the EPA’s issuance of Class III and Class V Underground Injection Control permits for the company’s 100%-owned Dewey Burdock In-Situ Recovery Uranium Project in South Dakota. The decision allows the Dewey Burdock Project to advance through federal permitting with the intent to commence State permitting activities in 2025, accelerating the Project towards development ahead of schedule. The Dewey Burdock Project was approved for fast-track federal permitting, under the Fast-41 Program, on August 28. The Petitioners alleged that EPA Region 8’s permit decisions violated multiple statutes and procedures. After review, the EAB concluded that EPA Region 8 had acted properly, that the permits were fully supported by the administrative record, and that no errors had been made in the regulatory process. The denial of review confirms the validity of enCore’s UIC permits, which are essential for ISR uranium recovery operations at the Dewey Burdock Project. With the EAB’s ruling, all major federal authorizations for the project – including the NRC Source Materials License and EPA UIC permits – are final and effective.
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