Northern Dynasty: Update of Timelines for Summary Judgement Case
Northern Dynasty: Update of Timelines for Summary Judgement Case
February 16, 2026 Vancouver – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE American: NAK) ("Northern
Dynasty" or the "Company") and its 100%-owned, U.S.-based subsidiary Pebble Limited Partnership (“Pebble
Partnership”) provide an update of court mandate d timelines for litigation pending in the Federal District
Court in Alaska.
The plaintiffs (the State of Alaska, Pebble Partnership and Iliamna Natives Ltd. and Alaska Peninsula Corp.)
filed their summary judgement briefs on October 3, 2025. The Department of Justice (“ DOJ”) must file its
brief on or before February 17, 2026. The plaintiffs, including the Pebble Partnership, must file final briefs by
April 15, 2026.
“This administration has repeatedly stated its commitment to removing permitting barriers for oil and gas,
pipeline and mining in America. We view the Obama-Biden era veto on mining activity at one of the world’s
largest undeveloped deposits of copper, gold, molybdenum, silver, and rhenium in Alaska as the most
consequential and far-reaching permitting obstruction of its kind,” Ron Thiessen, Northern Dynasty President
and CEO stated. “In addition, if allowed to stand, this unlawful veto can serve as a “kill switch”, establishing
precedent that future administrations could invoke to halt or reverse progress made in advancing responsible
natural resource permitting.”
“Our preferred outcome is to reach a settlement of this litigation that withdraws the veto and dismisses the
case. Until we can reach that result, however, we continue to aggressively pursue litigation with confidence
that we will prevail. We will promptly review EPA’s February 17 filing and respond accordingly in a few days,”
Mr. Thiessen continued.
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. Public filings, which include forward looking information cautionary language and risk
factor disclosure regarding the Company and the Pebble Project can be found 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 document 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
document, other than statements of historical facts, which address the timing and future composition of the Board and its Audit and
Risk Committee are forward-looking statements. Additional forward looking statements made by the Company under its continuous
disclosure obligations include statements regarding (i) the development plan for the Pebble Project (ii) the right-sizing and de-risking
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of the Pebble Project, (iii) the design and operating parameters for the Pebble Project development plan, including projected capital
and operating costs, (iv) the social integration of the Pebble Project into the Bristol Bay region and benefits for Alaska, (v) the political
and public support for the permitting process, (vi) the ability of the Pebble Project to ultimately secure all required federal and state
permits, (vii) the ability of the Company and/or the State of Alaska to challenge the EPA’s Final Determination process under the
Clean Water Act and ultimately the USACE’s Record of Decision (“USACE ROD”) through legal actions; (viii) exploration potential of
the Pebble Project, (ix) future demand for copper, gold and other metals, (x) if permitting is ultimately secured, the abilit y to
demonstrate the Pebble Project is ultimately commercially viable, and (xi) the potential addition of partners in the Pebble Project.
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 permits
or regarding the ability of NDM to develop the Pebble Project in light of the USACE ROD and its subsequent remand decision and the
EPA’s Final Determination, establish the commercial feasibility of the Pebble Project, achieve the required financing or develop th e
Pebble Project.
Forward-looking statements are necessarily based upon a number of factors and assumptions that, while considered reasonable by
NDM as of the date of such statements, are inherently subject to significant business, economic and competitive uncertainties and
contingencies. Assumptions used by NDM to develop forward-looking statements include the assumptions that (i) the Pebble Project
will obtain all required environmental and other permits and all land use and other licenses without undue delay, (ii) any fe asibility
studies prepared for the development of the Pebble Project will be positive, (iii) NDM’s estimates of mineral resources will not change,
and NDM will be successful in converting mineral resources to mineral reserves, (iv) NDM will be able to estab lish the commercial
feasibility of the Pebble Project, and (v) NDM will be successful in its legal action against the EPA and the USACE and any action taken
by the EPA in connection with the Final Determination will ultimately not be successful in restrict ing or prohibiting development of
the Pebble Project.
In addition, the likelihood of future mining at the Pebble Project is subject to a large number of risks and will require achievement of
a number of technical, economic and legal objectives, including (i) the current development plan may not reflect the ultimate mine
plan for the Pebble Project, (ii) obtaining necessary mining and construction permits, licenses and approvals without undue del ay,
including without delay due to third party opposition or changes in government policies, (iii) finalization of the mine plan for the
Pebble Project, (iv) the completion of feasibility studies demonstrating that any Pebble Project mineral resources that can b e
economically mined, (v) completion of all necessary engineering for mining and processing facilities, (vi) the ability of NDM to secure
a partner for the development of the Pebble Project, and (vi) receipt by NDM of significant additional financing to fund these
objectives as well as funding mine construction. 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, 202 4, as filed on SEDAR+ (www.sedarplus.ca) and included in its annual report
on Form 40 -F filed on EDGAR (www.sec.gov), as well as the risk factors set out in the Company’s subsequent public continuous
disclosure filings available on SEDAR+ and EDGAR. For mor e 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.
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.