Northern Dynasty: Plaintiffs File Response Briefs Detailing Serious Issues in DOJ Brief

Northern Dynasty Minerals Ltd. (TSX: NDM0; NYSE American: NAK) and its 100%-owned U.S. subsidiary, Pebble Limited Partnership, said they filed a brief in Alaska Federal Court on April 14, 2026 responding to a Department of Justice (DOJ) brief dated February 17, 2026, filed on behalf of the U.S. Environmental Protection Agency (EPA). The State of Alaska, Iliamna Natives Ltd. and Alaska Peninsula Corp. also filed response briefs.

Company argues DOJ/EPA position is flawed

The company said its arguments show “the flaws” in the DOJ brief and “the compelling reasons why the veto is illegal and should be withdrawn immediately.” Northern Dynasty President and CEO Ron Thiessen said the conclusions relied on by the government are “directly contradicted” by the Final Environmental Impact Statement (FEIS) prepared under the National Environmental Policy Act (NEPA) with assistance from AECOM, which the company described as an independent consulting firm.

Thiessen also said the EPA did not explain why its conclusions contradict those in the FEIS, adding that the FEIS is the “gold standard” for resolving complex scientific and factual issues. He said the court should find EPA’s conclusions “arbitrary and capricious” and require the veto to be vacated.

Economic analysis and statutory standard disputed

Northern Dynasty said its April 14 brief also argues that the economic analysis did not comply with the law because it allegedly failed to calculate positive economic impacts and instead exaggerated negative impact costs.

The company said it believes the EPA ignored the potential for the proposed mine to generate “billions of dollars” of economic activity based on capital investments and tax revenues, which it said would benefit the region, Alaska and the U.S. It also said the standard used by the EPA to issue the veto was “much lower” than what the statute requires, and that the EPA concluded certain negative impacts “may” occur rather than that they “will” occur.

Broader implications for permitting and Clean Water Act decisions

Thiessen said the DOJ brief, in his view, supports establishing a legal precedent that could be used by future Democratic administrations to unwind progress on pro-energy, pro-mining and pro-development initiatives. He said the issue extends beyond Pebble, warning that projects across the U.S.—including those with permits already in operation and the “60-75,000” Clean Water Act 404 permits applied for and issued each year—could be put at risk.

Assessment described as preliminary

Northern Dynasty said the potential economic activity cited for the proposed mine is based on a preliminary economic assessment that is preliminary in nature and includes inferred mineral resources that are considered too speculative geologically to apply economic considerations that would allow them to be categorized as mineral reserves. The company said there is no certainty the preliminary economic assessment will be realized.

Technical review and approvals

The company said Stephen Hodgson, P.Eng., a qualified person who is not independent of Northern Dynasty, reviewed and approved the scientific and technical information related to the technical report referenced in the news release.

Company background

Northern Dynasty is a mineral exploration and development company based in Vancouver, Canada. Its principal asset is a 100% interest in a contiguous block of 1,840 mineral claims in Southwest Alaska, including the Pebble deposit, located 200 miles from Anchorage and 125 miles from Bristol Bay. The Pebble Partnership is the proponent of the Pebble Project.

Source

Source: Northern Dynasty Minerals Ltd.