Denison faces court challenge over Wheeler River project

Denison Mines acknowledged the Peter Ballantyne Cree Nation (PBCN) has filed an application for judicial review in the Court of King’s Bench for Saskatchewan seeking to set aside the provincial ministerial approval under The Environmental Assessment Act (Saskatchewan) for the Wheeler River project. The applications asks to have the decision remitted back to the Saskatchewan minister of the environment for reconsideration.

Wheeler River is the largest undeveloped uranium project in the eastern portion of the Athabasca Basin region in northern Saskatchewan. The project hosts two high-grade uranium deposits: Phoenix and Gryphon.

The application alleged the Saskatchewan government breached its duty to consult with PBCN and must undertake further consultation regarding the proposed uranium mine and processing plant.

Denison says it has undertaken and continues to undertake extensive Indigenous engagement and consultation on the project and believes the provincial consultation process before the ministerial approval was thorough and meaningful.

PBCN received the draft environmental impact statement for review beginning in November 2022, and Denison has engaged directly with PBCN since March 2023. Denison also recently executed an environmental monitoring and capacity agreement with PBCN to support independent environmental monitoring activities. The company states it was not aware of PBCN’s intention to seek judicial review.

Denison affirmed its commitment to reconciliation, saying it values Indigenous knowledge and intends to maintain open communication with PBCN, and noted it has sought to incorporate Indigenous knowledge into project planning to minimize impacts where possible. With respect to the application, Denison denied the claims and intends to refute several factual statements and vigorously defend against the orders requested.

Permitting for the planned Phoenix ISR operation—part of the Wheeler River project, which includes the Phoenix and Gryphon deposits and is a joint venture between Denison (90%, operator) and JCU (10%)—has been underway since 2019 and is nearing completion. The Province of Saskatchewan approved the project’s environmental assessment and Canadian Nuclear Safety Commission (CNSC) hearing dates for federal approval of the EA and project construction licence are scheduled for fall 2025.