Northern Dynasty: US Environmental Protection Agency Withdraws Proposed Determination
NORTHERN DYNASTY: US ENVIRONMENTAL PROTECTION AGENCY WITHDRAWS PROPOSED DETERMINATION
July 30, 2019 Vancouver – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE American: NAK) ("Northern Dynasty"
or the "Company") reports the US Environmental Protection Agency ( “EPA”) has taken action to withdraw a
Proposed Determination initiated by the Obama Administration in 2014 under Section 404(c) of the Clean Water
Act (“CWA”) in an attempt to veto southwest Alaska’s Pebble Project before it received an objective, scientific
regulatory review under the National Environmental Policy Act (“NEPA”).
“Today’s announcement means the Environmental Impact Statement (“EIS”) and permitting process for the Pebble
Project currently being led by the US Army Corps of Engineers (the “ Corps”) may advance to a final Record of
Decision in 2020 without the cloud of uncertainty created by EPA’s unprecedented , pre-emptive regulatory
action,” said Northern Dyna sty President & CEO Ron Thiessen . “The Corps expects to finalize the Pebble EIS in
early 2020 and issue a final Record of Decision by the middle of next year.”
The following is excerpted from a statement released today by the Pebble Limited Partnership (“Pebble
Partnership” or “PLP”), Northern Dynasty’s 100%-owned US subsidiary:
“Finally, this Administration has reversed the outrageous federal government overreach inflicted on the State of
Alaska by the Obama Administration,” said Pebble Partnership CEO Tom Collier.
“This was an action and an Administration that sought to vastly expand EPA’s authority to regulate land use on
state, private and Native -owned lands throughout the United States, and in doing so kill one of America’s most
important mineral projects before a development plan was proposed or a comprehensive EIS permitting review
was undertaken. The Proposed Determination lifted today was a preemptive veto that had never before been
attempted in the 45-year history of the Clean Water Act – a fact acknowledged by the former Administrator’s senior
staff.”
EPA’s Proposed Determination was not based on a development plan proposed by the Pebble Partnership, but on
‘hypothetical mining scenarios’ prepared by EPA itself , and assessed in an ‘alleged’ scientific study known as the
Bristol Bay Watershed Assessment (“BBWA”). Following extensive hearings in the House Committee on Science,
Space and Technology, the BBWA was determined to be both a result of an abuse of due process and an
unfortunate attempt on EPA’s part to justify its pre-determined intent to kill the Pebble P roject before a
development plan was proposed or a fair, science-based regulatory review was undertaken.
“Since its founding in 1970, the same year the National Environmental Policy Act was signed into law, the
Natural Resources Defense Council (“NRDC”) has championed NEPA and the EIS process as ‘the Magna Carta
of environmental protection,” Collier said of the national environmental activist organization that has
spearheaded the campaign against Pebble, including through secret collusion with Obama’s EPA.
“In the singular instance of Pebble, however, NRDC has demanded that a project be killed before an EIS is
completed. Could it be the NRDC is scared that, if Pebble’s development plan is afforded the opportunity to
be comprehensively reviewed by independent experts, it will be found to be permittable under federal and
state law, and pose no risk to the salmon fisheries of Bristol Bay?”
Northern Dynasty and the Pebble Partnership expressly thanked Alaska Governor Mike Dunleavy for his
leadership in encouraging EPA to withdraw its Proposed Determination.
Collier stated: “ As Gove rnor Dunleavy clearly recognizes , major companies will not invest in resource
development in Alaska if projects can be vetoed before they receive a fair review. Alaska has needed this kind
of leadership for years. Governor Dunleavy appears to be fulfilling his pledge to make sure the world kno ws
Alaska is open for business, and supports responsible resource development.”
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The formal withdrawal of EPA’s Proposed Determination is one of a series of important milestones that Pebble
believes demonstrate it is progressing steadily toward a positive Record of Decision. Others include:
• In December 2017, Pebble submitted a permit application to the Corps for a project with a substantially
smaller development footprint and enhanced environmental safeguards. This includes: elimination of
cyanide from mineral processing; removal of all mine facilities from the Upper Talarik drainage; no
permanent waste rock storage on surface; enhanced tailings storage facility safety and stability measures;
and, more robust water management and treatment capabilities. Pebble’s application was accompanied
by ~$150 million of environmental baseline data —one of the m ost extensive such databases ever
submitted for a mining project in America.
• In February 2019, the Corps issued the Draft EIS for the Pebble P roject – the first time a truly objective,
expert analysis of Pebble’s potential environmental impacts has been published in the more than 10 years
that debate about the project has raged. We believe the Draft EIS makes clear that the proposed mine
will not harm Bristol Bay fisheries.
• In November 2018 and May 2019, PLP announced Right -of-Way Agreements with two Alaska Native
village corporations with extensive landholdings near Pebble, securing access to a transportation corridor
to serve the proposed mine . The a greements make Alaska Peni nsula Corporation and Iliamna Natives
Limited partners in the Pebble enterprise, and demonstrate local Alaska Native support for the project.
• In addition to overwhelmingly electing pro -development Governor Mike Dunleavy in Novembe r 2018,
Alaska voters rejected an anti-development ballot measure promoted by its proponents as a means to stop
Pebble by a margin of more than 2:1.
“The withdrawal of the Proposed Determination… the proposal for a smaller, environmentally optimized
mine… the Draft EIS conclusions regarding the Bristol Bay salmon fishery… the published schedule for the Final
EIS and Record of Decision… and the favorable political climate in Alaska – together, these factors give us a
high level of confidence that we will get a permit,” Collier said.
Collier predicted that opponents of the Pebble Project will say withdrawal of the Proposed Determination
means that Pebble will likely get a permit, but “only because the political fix is in.”
“My view is that they are only half right,” he said. “They are right when they say Pebble believes it is likely to
get a permit, but not because the fix is in – rather, because our smaller, environmentally enhanced mine plan
meets the high environmental standards and permitting requirement enforced in the US and Alaska, and
should receive a permit.”
Collier further predicted that opponents will say, notwithstanding today’s withdrawal of the P roposed
Determination, that EPA can always initiate a new veto process next year “ Really? Why in the world would
EPA withdraw a proposed veto today, if it intends to initiate a new one in less than a year?” he asked.
As proposed, the Pebble Project is expected to generate tens of millions of dollar s in State government
revenues each year at a time when the State of Alaska is facing a fiscal crisis. It is also expected to support
some 2,000 Alaska jobs, with average compensation for mine workers in excess of $100,000/year.
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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 PLP, is a 100% interest in a contiguous block of 2,402 mineral claims in
southwest Alaska, including the Pebble deposit. PLP is the proponent of the Pebble Project, an initiative to develop
one of the world's most important mineral resources.
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 Canadian public filings at www.sedar.com and US public filings at www.sec.gov.
Ronald W. Thiessen
President & CEO
US 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". All statements in this release, other than
statements of historical facts, that address exploration drilling, exploitation activities and events or developments that the Company
expects a re forward -looking statements. Although the Company believes the expectations expressed in its forward -looking
statements are based on reasonable assumptions, such statements should not be in any way construed as guarantees of the ultimate
size, quality or commercial feasibility of the Pebble Project or of the Company's future performance or the outcome of litigation.
Assumptions used by the Company to develop forward- looking statements include the following: the Pebble Project will obtain all
required environmental and other permits and all land use and other licenses, studies and development of the Pebble Project will
continue to be positive, and no geological or technical problems will occur. The likelihood of future mining at the Pebble Pr oject is
subject to a large number of risks and will require achievement of a number of technical, economic and legal objectives, including
obtaining necessary mining and construction permits, approvals, licenses and title on a timely basis and delays due to third party
opposition, changes in government policies regarding mining and natural resource exploration and exploitation, the final outcome of
any litigation, completion of pre- feasibility and final feasibility studies, preparation of all necessary engineering fo r surface or
underground mining and processing facilities as well as receipt of significant additional financing to fund these objectives as well as
funding mine construction. Such funding may not be available to the Company on acceptable terms or on any t erms at all. There is
no known ore at the Pebble Project and there is no assurance that the mineralization at the Pebble Project will ever be class ified as
ore. The need for compliance with extensive environmental and socio -economic rules and practices and the requirement for the
Company to obtain government permitting can cause a delay or even abandonment of a mineral project. The Company is also subject
to the specific risks inherent in the mining business as well as general economic and business conditions.
The National Environment Policy Act EIS process requires a comprehensive “alternatives assessment” be undertaken to consider a
broad range of development alternatives, the final project design and operating parameters for the Pebble Project and associa ted
infrastructure may vary significantly from that currently being advanced. As a result, the Company will 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 and its home jurisdiction filings that are available at www.sedar.com