VANCOUVER, June 4, 2015 /CNW/ - Northern Dynasty Minerals
Ltd. (TSX: NDM; NYSE MKT: NAK) ("Northern Dynasty" or the
"Company") reports that the Pebble Limited Partnership ("Pebble
Partnership") lawsuit alleging that the US Environmental Protection
Agency ("EPA") violated the Federal Advisory Committee Act ("FACA")
in advancing its Bristol Bay Watershed Assessment ("BBWA") study
and subsequent pre-emptive veto process under Section 404(c) of the
Clean Water Act will move forward.
In a federal court decision issued today, Judge H. Russel Holland rejected an EPA motion to
dismiss the Pebble Partnership's FACA case. Judge Holland granted
EPA's motion to dismiss claims that the federal agency
"established" two of three advisory committees, but allowed the
case to proceed regarding claims that EPA "utilized" these
committees. With respect to claims that EPA both "established" and
"utilized" a third advisory committee, Judge Holland denied EPA's
arguments to dismiss.
This leaves in place a Preliminary Injunction granted in
November 2014 that forbids the
federal agency from advancing any action under CWA 404(c) affecting
the Pebble Project until the FACA case runs its course.
The Pebble Partnership will now seek discovery – to depose
federal employees and external third-parties, and otherwise develop
additional evidence regarding its allegations that EPA allowed
anti-mine activists inappropriate access and influence with respect
to the BBWA and subsequent 404(c) process.
"Today's ruling will help ensure that the truth about EPA's
actions at Pebble come to light," said Northern Dynasty President
& CEO Ron Thiessen.
"We've already made a compelling case that the Bristol Bay
Watershed Assessment, which seeks to assess the environmental
effects of a hypothetical mine of EPA's creation, provides an
insufficient scientific basis for EPA decision-making. We believe
the discovery phase and final resolution of the FACA case will
expose that EPA and its allies in the environmental community
worked together with a predetermined objective before the BBWA was
complete to deny the Pebble Project a full, fair and impartial
permitting review."
Thiessen noted that the Pebble Partnership's FACA lawsuit is one
of several initiatives underway to check EPA's unprecedented
pre-emptive veto action at Pebble. Federal Court Judge Holland is
also adjudicating a Pebble lawsuit alleging EPA is illegally
withholding documents in contravention of the Freedom of
Information Act ("FOIA").
In addition, the independent office of the EPA Inspector General
is undertaking a comprehensive review of EPA actions with respect
to Pebble. A parallel investigation led by former Senator and
Secretary of Defense William Cohen
is also underway, commissioned by the Pebble Partnership.
"Through one or several of these actions, we remain confident
that EPA's pre-emptive veto will ultimately be stopped, and the
Pebble Project will be afforded a comprehensive and objective
permitting review under the Clean Water Act and National
Environmental Policy Act including the preparation of an
Environmental Impact Statement," Thiessen said.
About the Pebble Project
The Pebble Project is an initiative of the Pebble Partnership to
responsibly develop a globally significant copper, gold and
molybdenum deposit in southwest Alaska into a modern, long-life mine, which
will benefit not only the owner, but the people, culture and
industries of the State of Alaska,
as well as suppliers, consultants and industries in the Lower 48
United States of America.
A 2013 study authored by IHS Global Insight, entitled The
Economic and Employment Contributions of a Conceptual Pebble Mine
to the Alaska and United States
Economies found the Pebble Project has the potential to support
15,000 American jobs and contribute more than $2.5 billion annually to US GDP over decades of
production. The IHS Global Insight study is available at
www.northerndynasty.com.
The Pebble Project is located 200 miles southwest of Anchorage
on state land designated for mineral exploration and development.
It is situated in a region of rolling tundra approximately 1,000
feet above sea-level, 65 miles from tidewater on Cook Inlet and
presents favourable conditions for successful mine site and
infrastructure development.
About Northern Dynasty Minerals Ltd.
Northern Dynasty is a mineral exploration and development
company based in Vancouver,
Canada. Northern Dynasty's principal asset is the Pebble
Project in southwest Alaska, USA,
an advanced-stage initiative to develop one of the world's most
important mineral resources.
Ronald W. Thiessen
President & CEO
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
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 Project 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 for underground workings
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 terms 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 classified 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. 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.
SOURCE Northern Dynasty Minerals Ltd.