Leaders And Industry Groups Fight Back Against Unwarranted And Unprecedented EPA Action

VANCOUVER - Northern Dynasty Minerals Ltd. reports on the press releases and statements issued by the State of Alaska and industry groups on January 31, 2023 strongly objecting to the EPA's unprecedented and action to veto mining on the land where the Pebble Project is located in Southwest Alaska.

The State of Alaska issued a press release entitled "EPA's Preemptive Veto Sets Dangerous Precedent". Excerpts from the press release are found below:?"EPA's veto sets a dangerous precedent. Alarmingly, it lays the foundation to stop any development project, mining or non-mining, in any area of Alaska with wetlands and fish bearing streams," said Alaska Governor Mike Dunleavy. "My Administration will stand up for the rights of Alaskans, Alaska property owners, and Alaska's future."

"The veto disregards the Alaska Statehood Act, violates the Clean Water Act, and departs from basic scientific methodology. Of particular concern is EPA's failure to demonstrate why the Army Corps of Engineers was wrong when it reviewed the same scientific data but arrived at the opposite conclusion-that the proposed mine plan "would not be expected to have a measurable effect on fish numbers or result in long-term changes to the health of the commercial fisheries in Bristol Bay."

"Responding to EPA's primary concern-protecting the fish and fish habitat in the Bristol Bay area-Alaska Department of Fish & Game Commissioner Doug Vincent-Lang said, "Alaska's Title 16 permitting process would ensure protection of fish and fish habitat in the Bristol Bay area. But these statutory protections have been flouted by EPA, choked off before Alaska's expert habitat and fish biologists had the opportunity to weigh in."

"The State remains committed to defending its property rights, including its right to develop its mineral interest for the benefit of all Alaskan citizens. EPA's decision has short-circuited the State's normal process for environmental review, and has instead substituted the opinions of purported "experts" located in Washington, DC. The future of Alaska's mineral development should be decided at home, by Alaskans. Washington's overstep into the State's process was unwarranted and should not be allowed to continue. As such, the State intends to challenge EPA's decision. The State presented strong legal and policy arguments outlining why EPA's decision is wrong and we look forward to meeting EPA in court."

Alaska business groups expressed their dismay with the EPA veto decision in a joint statement. Excerpts from the statement are found below:

“The decision places Alaska and the United States at an economic and environmental disadvantage," said Kati Capozzi, president and CEO of the Alaska Chamber. "The EPA's veto continues us down a slippery slope of regulatory uncertainty and all those that oppose development in our nation are paying close attention and applauding the announcement. Any project on the horizon could be next - be it a road, a wind farm, oil exploration, fisheries and associated infrastructure, or a wastewater treatment plant. The Alaska Chamber remains steadfast in our resolve to ensure all projects receive a fair evaluation."

"Unfortunately, the only ones who benefit from the decision to veto Pebble are foreign adversaries who will receive the investment that could have gone toward domestic mining and construction jobs," said Alicia Amberg, executive director, Associated General Contractors of Alaska. "When economic and resource development opportunities emerge in Alaska, so does associated infrastructure, and AGC's members want to build the new infrastructure Alaska needs. We want those jobs, and we want the economic benefits for Alaskans. The preemptive veto of Pebble sends our jobs and opportunities out of Alaska and out of our hands."

"It is astonishing that the Biden Administration can publicly recognize the massive need for increased mineral production to achieve its renewable energy goals yet take actions that block development of the domestic mineral deposits that would significantly contribute to those needs," said Deantha Skibinski, executive director, Alaska Miners Association. "Copper is an essential mineral for any renewable energy source, and Pebble is one of the most significant sources of copper in the nation and around the world. Improperly shutting down the opportunity at Pebble puts the nation's green goals at risk, and the biggest beneficiary of this will be adversarial foreign countries that lack environmental and social values. This decision is a disgrace to Alaskans and Americans."

Leila Kimbrell, Executive Director for the Resource Development Council for Alaska, Inc. (RDC), released the following statement in response to the EPA's final determination and preemptive veto of the Pebble Project in the Bristol Bay region, “The unprecedented action by the EPA is a dangerous abuse of power and federal overreach. Not only does it preemptively veto a proposed project that is still going through the administrative review and appeal process with another federal agency, but it doesn't just stop there. This decision goes far beyond the proposed project site and withdraws more than 300 square miles of state-owned land from any future development. These were lands selected by the state of Alaska from the federal government at statehood specifically for their mineral-rich deposits. This violates the federal government's agreement with Alaska and is also an end-run around the federal Alaska National Interest Lands Conservation Act's (ANILCA) "no more" clause adopted in 1980. RDC has long advocated for stable, science-backed environmental regulatory permitting processes for any development project in Alaska. If the EPA can now be used to avoid these regulatory processes and simply declare any area of state or private land off-limits to development at the wave of a wand, we should all be scared. The decision sets no limit on the federal government stopping future development of our domestic resources in Alaska, or elsewhere, and represents an irresponsible and unbalanced approach to developing our resources in a state with some of the highest environmental standards in the world."