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Northern Dynasty Minerals: Comments on Recent Supreme Court Decision and Anticipated Next Steps

VANCOUVER, BC / ACCESSWIRE / January 16, 2024 / Northern Dynasty Minerals Ltd. (TSX:NDM) (NYSE American:NAK) ("Northern Dynasty" or the "Company") provides addi

articleNorthern Dynasty Minerals Ltd.January 16, 20244/news/northern-dynasty-minerals-comments-on-recent-supreme-court-decision-and-anticipated-next-steps
Northern Dynasty Minerals: Comments on Recent Supreme Court Decision and Anticipated Next Steps

About this update from Northern Dynasty Minerals Ltd.

VANCOUVER, BC / ACCESSWIRE / January 16, 2024 / Northern Dynasty Minerals Ltd. (TSX:NDM) (NYSE American:NAK) ("Northern Dynasty" or the "Company") provides additional commentary on the recent United States Supreme Court ("Supreme Court") decision to not allow Alaska to bypass the typical court review process as it works to overturn the Environmental Protection Agency's ("EPA") illegal veto of the Pebble Project lands and comments on anticipated next steps. Decision is Purely Procedural It is important to note that this decision is purely procedural and does NOT imply whether the Supreme Court agrees or disagrees with the merits of the case. Alaska was pursuing a narrow exception to the usual requirement that cases first be heard by a federal district court and a federal circuit court of appeals before being considered by the Supreme Court. Based on their decision, the next logical step is to proceed with a filing in the federal district court. Alaska Governor Responds to the Decision Alaska Governor Mike Dunleavy issued the following statement via X (formerly known as Twitter) on Monday, January 8, 2023: "At a time when federal administrations are fast-tracking renewable energy production, the careful production of copper and other rare minerals, like those found in the Pebble area, are more important than ever. The Supreme Court's decision to not hear the State's case directly is disappointing, but the State is confident that the lower courts will find EPA violated the law with its prohibition and restriction of any mining activity over the 309-square mile area surrounding the Pebble deposit. The State will continue to fight against this flagrant overreach." Next Step is Federal District Court While the request by Alaska to the Supreme Court was pending a decision, the Company has been completing the necessary steps to initiate its case in federal district court. The complaint will argue that the veto is illegal (i.e., contrary to several federal statutes) and that it is arbitrary and capricious (i.e., that it is contrary to the factual record upon which it must rest). Essentially, the case will argue that this was a political veto by this administration which is inconsistent with the findings of the Final Environmental Impact Statement recorded on the Federal Registry in July 2020 by the U.S. Army Corps of Engineers. These inconsistencies were set out i...

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