Northern Dynasty: Alaska takes EPA to the Supreme Court over Veto

VANCOUVER, BC / ACCESSWIRE / July 26, 2023 / Northern Dynasty Minerals Ltd. (TSX:NDM)(NYSE American:NAK) ("Northern Dynasty" or the "Company" or "NDM") announces that the State of Alaska filed today a motion in the United States Supreme Court. The Motion for Leave to File a Bill of Complaint forcefully argues that the U.S. Environmental Protection Agency ("EPA") veto of the Pebble Project breaches a contract (the Cook Inlet Land Exchange) involving Alaska and the United States and violates the federal statutory recognition and implementation of that land exchange. It also argues that the veto violates the Administrative Procedure Act because the veto is arbitrary and capricious. Finally, it argues that the veto-which withdraws 309 square miles in the Bristol Bay region from use for mining purposes-is an unconstitutional taking without just compensation. The Bill of Complaint seeks injunctive relief requiring EPA to withdraw its veto and seeks monetary damages for breach of contract and the unconstitutional taking without just compensation.

"The Bill of Complaint filed by Alaska is a welcome development in the long Pebble saga," said Ron Thiessen, President and CEO of Northern Dynasty. "Northern Dynasty strongly, and I mean very strongly, supports all of the arguments set forth by the State and we congratulate the State for bringing these claims directly to the U.S. Supreme Court. Northern Dynasty intends to prepare and file with the Supreme Court appropriate briefs to support the State's case."

Mr. Thiessen continued, "In the mid 1970's, a three-way land exchange was negotiated between the U.S. Government, the CIRI Native Alaskan Corporation ("CIRI") and the State of Alaska. The U.S. Government received land to create Lake Clark National Park. CIRI received land with valuable natural resources allowing it to become a profitable entity for its Alaska Native shareholders. The State of Alaska received land in the Bristol Bay region-where the Pebble Project is located-for the specific purpose of developing the mineral potential of that land. The EPA veto is the U.S. Government reneging on that deal. Both the U.S. Government and CIRI got the value they bargained for; if the EPA veto is not withdrawn, the U.S. Government has taken back the value the State of Alaska bargained for."