Northern Dynasty Minerals: Federal Court Rejects EPA Motion to Dismiss Lawsuit

Northern Dynasty Minerals (TSX:NDM,NYSE MKT:NAK) reported that a motion to dismiss the Pebble Partnership’s Lawsuit against the US Environmental Protection Agency has been dismissed. The Pebble Partnership filed a lawsuit alleging that the EPA violated the Federal Advisory Committee Act.

As quoted in the press release:

In a federal court decision issued today, Judge H. Russel Holland rejected an EPA motion to dismiss the Pebble Partnership’s FACA case. Judge Holland granted EPA’s motion to dismiss claims that the federal agency “established” two of three advisory committees, but allowed the case to proceed regarding claims that EPA “utilized” these committees. With respect to claims that EPA both “established” and “utilized” a third advisory committee, Judge Holland denied EPA’s arguments to dismiss.

This leaves in place a Preliminary Injunction granted in November 2014 that forbids the federal agency from advancing any action under CWA 404(c) affecting the Pebble Project until the FACA case runs its course.

The Pebble Partnership will now seek discovery – to depose federal employees and external third-parties, and otherwise develop additional evidence regarding its allegations that EPA allowed anti-mine activists inappropriate access and influence with respect to the BBWA and subsequent 404(c) process.

Northern Dynasty president and CEO, Ron Thiessen, said:

Today’s ruling will help ensure that the truth about EPA’s actions at Pebble come to light. We’ve already made a compelling case that the Bristol Bay Watershed Assessment, which seeks to assess the environmental effects of a hypothetical mine of EPA’s creation, provides an insufficient scientific basis for EPA decision-making. We believe the discovery phase and final resolution of the FACA case will expose that EPA and its allies in the environmental community worked together with a predetermined objective before the BBWA was complete to deny the Pebble Project a full, fair and impartial permitting review.

Click here to read the Northern Dynasty Minerals (TSX:NDM,NYSE,MKT:NAK) press release