Northern Dynasty, EPA file joint motion to extend stay of proceedings

VANCOUVER (miningweekly.com) – Canadian project developer Northern Dynasty Minerals on Tuesday said its Alaska-based subsidiary Pebble Limited Partnership (PLP) and the US Environmental Protection Agency (EPA) have filed a joint motion in federal court to extend a stay of proceedings in ongoing litigation under the Federal Advisory Committee Act (FACA) to May 4, in the interest of resolving the matter.

Northern Dynasty in November 2014 took the US Environmental Protection Agency (EPA) to court over the EPA’s alleged violation of the FACA in advancing the EPA's Bristol Bay Watershed Assessment study and the subsequent pre-emptive veto process under Section 404(c) of the Clean Water Act (CWA) of the company’s flagship Pebble copper/gold project, in south-western Alaska.

The company reported “substantial progress” made in recent discussions with the EPA and intends to continue negotiating the matter directly, rather than through mediation.

According to a press release issued by Northern Dynasty, US government representatives are actively engaged in these discussions and, along with PLP, are focused on achieving a resolution that will be agreeable to both parties.

In the meantime, the court's preliminary injunction of November 25, 2014, will remain in effect for the duration of any stay.

"Active discussions between all parties involved have been positive and very constructive. We remain confident in achieving a prompt and fair resolution that follows the rule of law, supports the interests of the parties involved and allows the Pebble project to move into a normal course permitting process."

Vancouver-based Northern Dynasty has recently appointed regulatory and permitting consultant HDR Alaska to start preparing the necessary documentation to initiate permitting under the CWA and the National Environmental Policy Act by the end of the year, in anticipation of success for Northern Dynasty in its implementation of a multidimensional strategy to address the EPA’s pre-emptive regulatory veto under Section 404(c) of the CWA.

The company’s TSX-listed stock has rallied in recent months, as investors speculate the project will go ahead under the Trump administration.