Northern Dynasty: Comments on Recent Supreme Court Decision and Anticipated Next Steps
Northern Dynasty: Comments on Recent Supreme Court Decision and Anticipated Next Steps
January 16, 202 4 Vancouver – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE American: NAK) (" Northern
Dynasty" or the " Company") provides additional commentary on the recent United States S upreme Court
(“Supreme Court”) decision to not allow Alaska to bypass the typical court review process as it works to overturn
the Environmental Protection Agency’s (“EPA”) illegal veto of the Pebble Project lands and comments on
anticipated next steps.
Decision is Purely Procedural
It is important to note that t his decision is purely procedural and does NOT imply whether the Supreme Court
agrees or disagrees with the merits of the case. Alaska was pursuing a narrow exception to the usual requirement
that cases first be heard by a federal district court and a federal circuit court of appeals before being considered
by the Supreme Court. Based on their decision, the next logical step is to proceed with a filing in the federal district
court.
Alaska Governor Responds to the Decision
Alaska Governor Mike Dunleavy issued the following statement via X (formerly known as Twitter) on Monday,
January 8, 2023:
"At a time when federal administrations are fast-tracking renewable energy production, the careful production of
copper and other rare minerals, like those found in the Pebble area, are more important than ever. The Supreme
Court's decision to not hear the State's case directly is disappointing, but the State is confident that the lower
courts will find EPA violated the law with its prohibition and restriction of any mining activity over the 309-square
mile area surrounding the Pebble deposit. The State will continue to fight against this flagrant overreach."
Next Step is Federal District Court
While the request by Alaska to the Supreme Court was pending a decision, the Company has been completing the
necessary steps to initiate its case in federal district court. The complaint will argue that the veto is illegal (i.e. ,
contrary to several federal statutes) and that it is arbitrary and capricious (i.e. , that it is contrary to the factual
record upon which it must rest). Essentially, the case will argue that this was a political veto by this administration
which is inconsistent with the findings of the Final Environmental Impact Statement recorded on the Federal
Registry in July 2020 by the U.S. Army Corps of Engineers . These inconsistencies were set out in numerous
instances by the Review Officer, in her Remand Order at the conclusion to our appeal of the negative Record of
Decision. The Company will provide more details on its case when it is filed, which is expected in the coming weeks.
“We continue to believe our arguments are very strong and look forward to finally getting our day in court,” said
Ron Thiessen, Northern Dynasty President and CEO. “Pebble is an important project for Alaska and the nation. It
would create many jobs for Alaskans, provide a much-needed economic catalyst and wealth for the state and be
a source of necessary critical minerals for the long-term safety and security of the United States.”
About Northern Dynasty Minerals Ltd.
Northern Dynasty is a mineral exploration and development company based in Vancouver, Canada. Northern
Dynasty's principal asset, owned through its wholly owned Alaska -based U.S. subsidiary, Pebble Limited
Partnership, is a 100% interest in a contiguous bl ock of 1,840 mineral claims in Southwest Alaska, including the
Pebble deposit, located 200 miles from Anchorage and 125 miles from Bristol Bay. The Pebble Partnership is the
proponent of the Pebble Project.
For further details on Northern Dynasty and the Pebble Project, please visit the Company's website at
www.northerndynastyminerals.com or contact Investor services at (604) 684-6365 or within North America at 1-
800-667-2114. Review public filings, which in clude forward looking information cautionary language and risk
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factor disclosure regarding the Company and the Pebble Project in Canada at www.sedarplus.ca and in the United
States at www.sec.gov.
Ronald W. Thiessen
President & CEO
U.S. Media Contact:
Dan Gagnier, Gagnier Communications (646) 569-5897
Forward Looking Information and other Cautionary Factors
This release includes certain statements that may be deemed "forward-looking statements" under the United States Private Securities
Litigation Reform Act of 1995 and under applicable provisions of Canadian provincial securities laws. All statements in this release,
other than statements of historical facts, which address permitting, development and production for the Pebble Project are forward-
looking statements. These include statements regarding: (i) the ability of the Pebble Project to ultimately secure all required federal
and state permits; (ii) if permitting is ultimately secured, the ability to demonstrate that the Peb ble Project is commercially viable ;
(iii) the ability of the Company and/or the State of Alaska to successfully challenge the EPA’s Final Determination process under the
Clean Water Act; and (iv) the ability of the Company to secure the significant additional financing to fund these objectives as well as
ultimately funding mine construction, for which financing may not be available to NDM on acceptable terms or on any terms at all.
Although NDM believes the expectations expressed in these forward-looking statements are based on reasonable assumptions, such
statements should not be in any way be construed as guarantees that the Pebble Project will secure all required government an d
environmental permits, regarding the ability of NDM to develop the Pebble Projects in light of the EPA’s Final Determination or
regarding NDM’s ability to secure significant additional financing.
Assumptions used by NDM to develop forward -looking statements include the following assumptions: (i) the Pebble Project will
ultimately obtain all required environmental and other permits and all land use and other licenses; (ii) any action taken by the EPA in
connection with the Final Determination will ultimately not be successful in restricting or prohibiting development of the Pe bble
Project; and (iii) the Company or its subsidiaries will be able to secure significant additional financing.
NDM is also subject to the specific risks inherent in the mining business as well as general economic and business conditions. Investors
should also consider the risk factors identified in the Company’s Annual Information Form for the year ended December 31, 2022, as
filed on SEDAR plus and included in the Company’s annual report on Form 40 -F filed by the Company with the SEC on EDGAR, and
the Company’s Management Discussion and Analysis for the year ended December 31, 2022, and nine months ended September 30,
2023, each as filed on SEDAR plus and EDGAR, for a discussion of the risks that may impact our forward-looking statements.
The National Environment Policy Act Environmental Impact Statement process requires a comprehensive “alternatives assessment”
be undertaken to consider a broad range of development alternatives, the final project design and operating parameters for th e
Pebble Project and associated infrastructure may vary significantly from that currently contemplated. As a result, the Company w ill
continue to consider various development options and no final project design has been selected at this time.
For more information on the Company, Investors should review the Company's filings with the United States Securities and Exchange
Commission at www.sec.gov and its home jurisdiction filings that are available at www.sedarplus.ca.