Northern Dynasty: The EPA Action is Unlawful, Unprecedented and Hurts Alaska
VANCOUVER, BC / ACCESSWIRE / January 31, 2023 / Northern Dynasty Minerals Ltd. (TSX:NDM)(NYSE American:NAK) ("Northern Dynasty" or the "Company" or "NDM") and its 100%-owned U.S.-based subsidiary Pebble Limited Partnership ("Pebble Partnership" or …
VANCOUVER, BC / ACCESSWIRE / January 31, 2023 / Northern Dynasty Minerals Ltd. (TSX:NDM)(NYSE American:NAK) ("Northern Dynasty" or the "Company" or "NDM") and its 100%-owned U.S.-based subsidiary Pebble Limited Partnership ("Pebble Partnership" or "PLP") respond to today's announcement by the Environmental Protection Agency ("EPA") of its issuance of a Final Determination, which is consistent with the Proposed Determination released in early December, 2022. The following statement, relating to the unprecedented decision to veto mining at the Pebble Project, by John Shively, CEO of PLP, is reiterated in full below:
"Today's action by the EPA to preemptively veto the proposed Pebble Project is unlawful and unprecedented. For well over a decade, we have argued that fair treatment under the rules and regulations of the U.S should be followed for Pebble or any other development project. Unfortunately, the Biden EPA continues to ignore fair and due process in favor of politics. This preemptive action against Pebble is not supported legally, technically, or environmentally. As such, the next step will likely be to take legal action to fight this injustice.
"The Pebble Deposit is an asset belonging to the people of Alaska. The land around Pebble was selected by the state for its mineral potential as part of the process in which Alaskans were granted statehood. EPA continues to blatantly ignore the state's interest in this case. EPA's actions preclude any development on over 300 square miles of Alaska land. This violates Alaska's Statehood Compact and the ‘no-more' clause of the Alaska National Interest Lands Conservation Act, which requires congressional approval of any additional park land in Alaska. The EPA is violating the U.S. Constitution by taking away the State and the project's legally protected property interests in the mineral rights underlying the land, without any just compensation. "The state, as the landowner, has repeatedly demanded the federal agency follow the prescribed permitting process for Pebble. It is worth noting that the state permitting process was never initiated for Pebble nor was the state's role in federal permitting allowed to conclude. In addition, no environmental harm will occur if EPA allows the federal permitting process to be completed. Work on the project cannot begin until both the Federal and state permitting processes are completed.