Bishop Statement on EPA’s Pebble Mine Announcement

RELEASE DATE: May 12, 2017

Washington, D.C. – Today, the Environmental Protection Agency (EPA) announced an agreement to allow the Pebble Mine project in southwest Alaska to proceed to regular permitting under the Clean Water Act and the National Environmental Policy Act (NEPA). The proposed mineral development project was preemptively denied by the Obama administration outside of the traditional NEPA process.

John Shively. Northern Gas Pipelines file photo by Dave Harbour

(We note that this was one of many instances wherein the Obama administration violated the rule of law with impunity as it overreached its authority.  This morning at a meeting in Anchorage, Pebble executive and former Alaska Commissioner of Natural Resources, John Shively, noted that, ‘This EPA action puts our project back where it was six years ago.’  Pebble can now embark upon its constitutional due process to earn appropriate permits rather than being preemptively blocked by an authoritarian government from pursuing due process.  This is also another example of how the current Administration is seeking to return the United States to lawful, just and reasonable administrative and regulatory processes.   PLEASE SCROLL DOWN FOR REVEALING VIDEO AND SEE ONE OF OUR MANY RULE OF LAW EDITORIALS ON THE PEBBLE PARTNERSHIP’S RULE OF LAW CHALLENGES.  -dh)

Chairman Rob Bishop (R-UT) issued the following statement:

“Finally, this project can begin a transparent process of review that provides for public input, environmental analysis and fair shake at approval, not more arbitrary decisions and lawsuits. The Pebble project being unilaterally precluded from even beginning the NEPA process was emblematic of the reckless and abusive actions of EPA under the previous administration. I thank President Trump and Administrator Pruitt for efforts to establish a predictable federal permitting process which is fundamental to future growth and investment for Alaska and communities across the country.”

Tom Collier, CEO, Pebble Partnership

Presentation to Resource Development Council for Alaska

November 2015

Constitutional Threats Unmasked

Our comment: Just before the EPA / Pebble settlement that allows the company to reclaim its due process freedom, activists sought to pressure the EPA to maintain the Obama Administration era refusal of Pebble’s right to due process.  -dh

Pebble opponents call on EPA to deny developer a deal.  Fearful that the Environmental Protection Agency will make a deal with the Pebble mine developer and back down from efforts to protect Bristol Bay…

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Deantha Crockett, Executive Director, Alaska Miners Association. Northern Gas Pipelines file photo by Dave Harbour

Today, Pebble Limited Partnership and the Environmental Protection Agency announced a settlement to resolve preemptive actions by the Environmental Protection Agency (EPA) had been reached. 

As you will no doubt recall, in 2012, EPA began the unprecedented exercise of a multi-year Watershed Assessment in Bristol Bay, issuing a Proposed Determination to restrict the project under Section 404(c) of the Clean Water Act, prior to the Pebble Project applying for any permits through the National Environmental Policy Act (NEPA) process.  Pebble Limited Partnership litigated these actions in three separate cases.

Today’s announcement outlines an agreement between Pebble and the agency that effectively ends all litigation and allows Pebble to begin advancing the project to the next stage of development by initiating the normal permitting process, including scoping for public comments and development of an Environmental Impact Statement.

AMA’s Press Release is attached.  

It’s a great day for Alaska!

Deantha Crockett, AMA Executive Director 

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  May 12, 2017
Northern Dynasty: Pebble Partnership achieves settlement with US Environmental Protection Agency


 
Pebble Project restored to normal course permitting under Clean Water Act

VANCOUVER — May 12, 2017 – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE MKT: NAK) (“Northern Dynasty” or the “Company”) announces that its wholly-owned subsidiary, Alaska-based Pebble Limited Partnership (“Pebble Partnership” or “PLP”), and the US Environmental Protection Agency (“EPA”) have reached a settlement agreement with respect to the parties’ longstanding legal dispute over the federal agency’s pre-emptive regulatory action under Section 404(c) of the Clean Water Act.

Under the terms of the settlement agreement, EPA has agreed the Pebble Project can proceed into normal course permitting under the Clean Water Act and National Environmental Policy Act. In particular, EPA has agreed it will not file a Recommended Determination under CWA 404(c) until a final Environmental Impact Statement (“EIS”) for the Pebble Project has been completed by the US Army Corps of Engineers (the “Corps”) — so long as that occurs within a period of four years following the settlement agreement and PLP files permit applications within 30 months of the date of the settlement agreement. EPA has further agreed to initiate a process to propose to withdraw the Proposed Determination it issued under CWA 404(c) in July 2014. In return, the Pebble Partnership has agreed to terminate permanently and with prejudice two lawsuits it brought against EPA: an action under the Federal Advisory Committee Act and an action under the Freedom of Information Act.

“From the outset of this unfortunate saga, we’ve asked for nothing more than fairness and due process under the law — the right to propose a development plan for Pebble and have it assessed against the robust environmental regulations and rigorous permitting requirements enforced in Alaska and the United States,” said Ron Thiessen, President & CEO. “Today’s settlement gives us precisely that, the same treatment every developer and investor in a stable, first world country should expect.”

Northern Dynasty and the Pebble Partnership expressed their gratitude to EPA Administrator Scott Pruitt and President Trump for their commitment to the rule of law, and the fair and equal treatment of those who would invest in job-creating industries in America. The Company also thanked members of US Congress and the Alaska State Legislature who helped in achieving the goal of due process for Pebble — in particular, members of the House Committee on Science, Space & Technology, House Committee on Oversight & Government Reform and Senate Committee on Environment & Public Works.

“The Pebble Partnership will advance a progressive mine plan, including mitigation, to be assessed by objective, expert regulators at the US Army Corps of Engineers and a raft of other federal and state agencies — including EPA”, Thiessen said.

“Not only are we no longer facing extraordinary development restrictions at Pebble, we will also be assured a fair and predictable permitting review of our proposed development plan. The Corps-led EIS will be prepared by independent, third party experts to ensure that decisions are based on objective science, and that public and stakeholder participation is comprehensive and meaningful.”

Thiessen said the Pebble Partnership has been advancing planning for a smaller project design at Pebble than previously considered, and one that incorporates significant environmental safeguards.

“It will be a busy and exciting year for Pebble and Alaska,” confirmed Pebble Partnership CEO Tom Collier. “Not only will we be rolling out a project that is smaller, with demonstrable environmental protections, we will also be announcing a number of new initiatives to ensure our project is more responsive to the priorities and concerns of Alaskans.

“We know the Pebble Project must not only protect the world-class fisheries of Bristol Bay, it must also benefit the people of the region and the state in a meaningful way. It is our intent to demonstrate how we will meet those goals in the period ahead.”

Collier said a return to an objective, science-based and predictable permitting process at Pebble will bode well for future resource investment in Alaska and the US.

“Resource investors do not have an expectation that we will always receive development permits or always receive them on the terms we would prefer, but we do have an expectation of fair treatment under the law, and that science, not politics, should guide permitting decisions,” Collier said.

Investor Conference Call Details

Northern Dynasty will host a conference call today, May 12, 2017, at 11:00 AM Eastern Time to discuss the EPA settlement and the Pebble Project.

Investors can participate in the conference call by:

Webcast: http://event.on24.com/wcc/r/1427716-1/555FD3FD583595BBA5220FB0C9D12EF6

Telephone: (877) 245-7303 in Canada and the USA or (478) 219-0731 international.

Passcode for the call is 22904301.

A presentation will also be available by going to the Northern Dynasty’s corporate website at www.northerndynastyminerals.com.

Please go to the website at least 15 minutes prior to the call to register, download and install any necessary audio software.

A replay of the webcast will be available on the Investors page of Northern Dynasty’s website beginning at 2:00 PM Eastern Time on May 12, 2017, through 11:59 PM Eastern Time on June 12, 2017.

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 US subsidiary Pebble Limited Partnership and other wholly-owned subsidiaries, is a 100% interest in a contiguous block of 2,402 mineral claims in southwest Alaska, including the Pebble deposit. The Pebble Partnership 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.northerndynasty.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

Canadian Media Contact:
Ian Hamilton
DFH Public Affairs
(416) 206-0118 x.222

US Media Contact:
Dan Gagnier
Gagnier Communications
(646) 569-5897