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Northern Dynasty: US federal district court rejects litigation filed by Pebble opponents US Environmental Protection Agency (EPA) action to withdraw pre-emptive veto upheld

Legal & Disputes

Northern Dynasty: US federal district court rejects litigation filed by Pebble opponents

US Environmental Protection Agency (EPA) action to withdraw pre-emptive veto upheld

April 20, 2020 Vancouver – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE American: NAK) ("Northern

Dynasty" or the "Company") reports that, on Friday April 17, a US federal district court judge in Alaska granted

the US Environmental Protection Agency’s (“EPA”) ‘Motion to Dismiss’ a case brought by a collection of anti-

Pebble activist groups.

The litigation challenged EPA’s July 2019 decision to formally withdraw its prior regulatory action under

Section 404(c) of the Clean Water Act (initiated in 2014 by the Obama Administration), which sought to pre-

emptively veto the Pebble Project before permit applications had been filed or an Environmental I mpact

Statement (“EIS”) permitting process was undertaken. In granting the Motion to Dismiss, US District Judge

Sharon L. Gleason found the anti-Pebble activists had “ failed to state a claim upon which relief can be

granted”.

In a statement released April 18, 2020, Pebble Limited Partnership (“Pebble Partnership” or “PLP”) CEO Tom

Collier said the US legal system has once aga in re-affirmed the Pebble Project’s right to receive a fair and

objective permitting review under the Clean Water Act (“CWA”) and National Environmental Policy Act

(“NEPA”). He said the court decision received last week removes yet another obstacle to receiving a Final EIS

and Record of Decision on the Pebble Project by mid-2020.

***

The Pebble Partnership statement released April 18, 2020 quotes PLP CEO Tom Collier:

“For years, we have sought basic fairness for the Pebble Project to be fully vetted under the regular

permitting process and to block attempts to preempt that fundamental right. Once again, a coalition of anti

Pebble groups including national environmental groups like the Natural Resources Defense Council have

been proven wrong in their ad hominem attacks on Pebble. This time a Federal District Judge in Alaska has

ruled that their most recent attack did not even state a cause of action that required review by the court.

Therefore, their lawsuit against EPA was dismissed for lack of jurisdiction.

“We have long held that the preemptive veto against Pebble was poor public policy and that decisions about

the merits of developing a mine at the Pebble Prospect should be made through the legal, statutory process

defined by NEPA. The preemptive veto was brought against the project by the Obama era EPA before a

single permit to develop had been filed with a regulatory agency. The current administration made the

correct decision to withdraw the preemptive veto and allow the project to be reviewed via the legal,

statutory process defined by NEPA and the CWA. The Federal District Court correctly recognized the validity

of this decision. The EPA, in their decision to withdraw the preemptive veto, noted that a detailed plan of

development had been submitted for review allowing the agency and other regulators to fully vet the

project.

“This decision moves Pebble one step closer to completing its federal permitting process. The U.S. Army

Corps of Engineers current schedule calls for the Final Environmental Impact Statement and the Record of

Decision for the project to be issued by mid-year. We see no reason why this schedule will not be met,

especially now that this meritless litigation has been dismissed.

“We firmly believe the project will be developed without harm to the Bristol Bay fishery and for the benefit

of the region, especially the communities around Iliamna Lake. Preliminary reports from the Corps of

Engineers indicate it can be done responsibly and we look forward their final report this summer.”

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 Partnership, 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 furt her 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 are forward -looking statement s. 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 t he Pebble Project, that the Pebble Project will secure all required government permits, or

of the Company's future performance.

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) studies for the develo pment

of the Pebble Project will be positive, (iii) NDM will be able to establish the commercial feasibility of the Pebble Project, and (iv) NDM

will be able to secure the financing required to develop the Pebble Project. 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 (i)

obtaining necessary mining and construction permits, licenses and approvals without undue delay, including without delay due to

third party opposition or changes in government policies, (ii) the completion of feasibility studie s demonstrating the Pebble Project

mineral reserves that can be economically mined, (iii) completion of all necessary engineering for mining and processing faci lities,

and (iv) receipt by NDM of significant additional financing to fund these objectives as well as funding mine construction, which

financing may not be available to NDM on acceptable terms or on any terms at all. The Company is also subject to the specific risks

inherent in the mining business as well as general economic and business conditions, as well as risks relating to the uncertainties with

respect to the effects of COVID-19.

The NEPA 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 associated 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.