enCore Energy Receives EPA Appeals Board Validation for Dewey Burdock Project Permits

• EPA Environmental Appeals Board denies petition from Oglala Sioux Tribe, Black Hills Clean Water Alliance, and NDN Collective challenging UIC permits
• Company can advance to state permitting activities in 2025, ahead of previous schedule
• Project approved for Fast-41 Program on August 28, 2025 for accelerated federal permitting
• All major federal authorisations now final following decade of permitting and litigation
• Project contains 17.1 million pounds measured and indicated uranium resources on 10,580 acres

enCore Energy Corp. (NASDAQ: EU) is a uranium company with multiple Central Processing Plants in the United States. The company uses In-Situ Recovery technology for uranium extraction, which dissolves uranium minerals underground using a water-based solution and pumps the uranium-bearing solution to a central processing plant for recovery.

The company's operational experience is based in South Texas, with planned projects including the Dewey Burdock Project in South Dakota and the Gas Hills project in Wyoming. enCore holds mineral and surface rights for the area covered by the Nuclear Regulatory Commission license and maintains additional assets including databases and non-core properties.

EPA Environmental Appeals Board Decision

The EPA Environmental Appeals Board denied a petition for review filed against the EPA's issuance of Class III and Class V Underground Injection Control permits for the Dewey Burdock Project. The petitioners alleged violations of the Safe Drinking Water Act, Administrative Procedure Act, and National Historic Preservation Act. The board concluded that EPA Region 8 acted properly and that the permits were supported by the administrative record.

The decision follows over ten years of permitting and litigation involving challenges before both the Nuclear Regulatory Commission and EPA. The Dewey Burdock Project received its Nuclear Regulatory Commission Source Materials License in 2014, which is currently under timely renewal. Acting CEO Robert Willette stated: "This decision by the EAB affirms the validity of the permits and the integrity of the regulatory process following years of administrative and judicial review."

The Underground Injection Control permits are required for In-Situ Recovery uranium operations at the project. With the Appeals Board ruling, the company states that all major federal authorisations for the project are final and effective. The decision allows the project to proceed through remaining federal permitting requirements.

Federal Permitting Process Status

The EPA decision enables the company to advance toward state permitting activities in 2025, which enCore describes as ahead of schedule. The Dewey Burdock Project holds a Source and Byproduct Materials License covering 10,580 acres in Custer and Fall River counties, South Dakota. The company controls mineral and surface rights for the licensed area.

The project will recover uranium from subsurface sandstone ore bodies using In-Situ Recovery technology. The process involves minimal surface disturbance compared to conventional open-pit or underground uranium mining. Project components include wellfield areas, a central processing plant, supporting infrastructure and environmental protection systems.

Federal permitting will continue with the Nuclear Regulatory Commission as the lead agency. The company's stated objective is to advance the Dewey Burdock Project into development and operation as an In-Situ Recovery uranium extraction project. State permitting requirements remain to be completed following federal processes.

Fast-41 Program Inclusion

The Federal Permitting Improvement Steering Council approved the Dewey Burdock Project for inclusion in the Fast-41 Program on August 28, 2025. This program implements measures from an Executive Order on increasing American mineral production. The Permitting Council identifies priority infrastructure and critical mineral projects for accelerated permitting review.

The Dewey Burdock Project is the first South Dakota In-Situ Recovery project approved under Fast-41. The Nuclear Regulatory Commission serves as the lead agency for federal permitting coordination under this programme. A Federal Permitting Dashboard tracks the project's progress through regulatory processes.

The Fast-41 designation is intended to support domestic uranium production and clean energy development through environmentally responsible extraction technology. The program aims to provide more predictable permitting timelines for qualifying projects. enCore can access coordinated federal agency review processes through Fast-41 participation.

Conclusion

enCore Energy has received EPA Environmental Appeals Board validation of its Underground Injection Control permits for the Dewey Burdock Project. The company plans to begin state permitting activities in 2025 and advance the project toward development under Fast-41 accelerated federal permitting. Next steps include completing state regulatory requirements and progressing through coordinated federal agency reviews toward project development and operation.

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