Northern Dynasty: Update on Veto Removal Negotiations and Order Setting Summary Judgement Timetable

Rhea-AI Summary

Northern Dynasty Minerals (NYSE:NAK) provided updates on two parallel tracks regarding the Pebble Mine project: negotiations for removal of the Obama/Biden-era veto and legal proceedings. The company reports ongoing active negotiations with government officials while pursuing legal action through summary judgment.

Judge Gleason has established a timeline for summary judgment briefings: plaintiffs' opening briefs due October 3, 2025, DOJ response by January 2, 2026, and plaintiffs' response by February 27, 2026. The case against the U.S. Army Corps of Engineers remains stayed. CEO Ron Thiessen expressed optimism about negotiations while maintaining the legal strategy to ensure efficient timeline management.

Positive

• Active negotiations with government officials regarding veto removal are ongoing and described as potentially fruitful
• Clear legal timeline established for summary judgment process, providing defined path forward
• Company maintains flexibility with parallel negotiation and legal strategies

Negative

• Uncertainty remains about the outcome of veto removal negotiations
• Legal process timeline extends into 2026, indicating potential delays in project advancement
• Project remains under existing veto restrictions limiting development progress

Insights

Legal Affairs Analyst

Northern Dynasty pursues dual strategy of negotiations and litigation to remove regulatory veto blocking Pebble Mine development.

Northern Dynasty's press release reveals a strategically calculated approach to removing regulatory obstacles for its Pebble Mine project. The company is simultaneously pursuing negotiations with the U.S. government and litigation through summary judgment proceedings—a tactical dual-track approach designed to minimize timeline disruptions.

The summary judgment briefing schedule established by Judge Gleason creates a 6-month window between October 2025 and February 2026 during which the case will be formally presented. This schedule provides Northern Dynasty with a defined negotiation timeframe while maintaining litigation pressure on regulatory authorities.

What's particularly notable is the company's characterization of the veto as "illegal" and "Obama/Biden-era," signaling a politically-framed legal argument that may align with potential shifts in administrative priorities. The litigation involves multiple plaintiffs including the State of Alaska and Iliamna Natives Ltd, creating a coalition that strengthens Northern Dynasty's position.

The statement that the case against the U.S. Army Corps of Engineers remains stayed indicates a tactical prioritization of targets—focusing first on the veto before addressing permitting issues. This sequenced approach reflects sophisticated legal strategy aimed at dismantling regulatory barriers in a specific order.

While management expresses optimism about negotiations, the parallel legal track suggests less certainty about administrative resolution than their public statements indicate. The summary judgment process serves as both leverage in negotiations and a fallback position if talks fail—prudent risk management for a project of this magnitude and controversy.

VANCOUVER, BC / ACCESS Newswire / August 7, 2025 / Northern Dynasty Minerals Ltd. (TSX:NDM)(NYSE American:NAK) ("Northern Dynasty" or the "Company") and its 100%-owned U.S.-based subsidiary Pebble Limited Partnership ("Pebble Partnership") provide an update on veto removal negotiations with the U.S. Government and on the recent order by Judge Gleason in the Alaska Federal District granting our motion to set a summary judgement briefing schedule for good cause shown.

"We continue to have active negotiations with government officials regarding the withdrawal of the illegal Obama/Biden-era veto," said Ron Thiessen, Northern Dynasty's President and CEO. "It is still too early to tell where these efforts will land, but we remain optimistic that these discussions will continue to be fruitful and lead to a rationale resolution."

"It is important to keep in mind that we are pursuing a parallel track of negotiations and court action in the interest of keeping timelines as tight as possible," Mr. Thiessen continued. "Summary judgement is a standard legal process that allows the court to evaluate the merits of the case based on the existing record, without requiring a full trial. If we are able to come to a resolution that removes this unlawful veto, obviating the need for continued litigation, then we can move to terminate the summary judgement process. This is, undoubtedly, our preferred outcome."

Judge Gleason has now set the summary briefing schedule after receiving submissions by both the plaintiffs and the defendants. Under the order, the plaintiffs (the State of Alaska, Pebble Partnership and Iliamna Natives Ltd, et al.) will file their opening briefs by October 3, 2025. The Department of Justice ("DOJ") will then file their response brief by January 2, 2026 and the plaintiffs will file their response to the DOJ's briefs by February 27, 2026. The case against the U.S. Army Corps of Engineers remains stayed.

Mr. Thiessen continued, "We appreciate Judge Gleason's quick decision on the motions before her. With the schedule now set, we have a clear and defined timeline during which we can aim to arrive at a resolution. We remain committed to supporting U.S. policies that prioritize responsible, environmentally-sound domestic resource development and are committed to working constructively with regulatory agencies. Withdrawal of the illegal veto will be a step towards a very significant new source of domestic copper as well significant economic benefits for the region, the state and the country."

About Northern Dynasty Minerals Ltd.

Northern Dynasty is a mineral exploration and development company based in Vancouver, Canada. Northern Dynasty's principal asset, owned through its wholly owned Alaska-based U.S. subsidiary, Pebble Limited Partnership, 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.

For further details on Northern Dynasty and the Pebble Project, please visit the Company's website at www.northerndynastyminerals.com or contact Investor services at (604) 684-6365 or within North America at 1-800-667-2114. Public filings, which include forward looking information cautionary language and risk factor disclosure regarding the Company and the Pebble Project can be found in Canada at www.sedarplus.ca and in the United States at www.sec.gov.

Ronald W. Thiessen
President & CEO
U.S. Media Contact:
Dan Gagnier, Gagnier Communications (646) 569-5897

Forward Looking Information and other Cautionary Factors

This document includes certain statements that may be deemed "forward-looking statements" under the United States Private Securities Litigation Reform Act of 1995 and under applicable provisions of Canadian provincial securities laws. All statements in this document, other than statements of historical facts, which address permitting, including the Company's legal action against the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("USACE"), the withdrawal of the EPA veto and the development and production for the Pebble Project are forward-looking statements. Additional forward looking statements made by the Company under its continuous disclosure obligations include statements regarding (i) the development plan for the Pebble Project (ii) the right-sizing and de-risking of the Pebble Project, (iii) the design and operating parameters for the Pebble Project development plan, including projected capital and operating costs, (iv) the social integration of the Pebble Project into the Bristol Bay region and benefits for Alaska, (v) the political and public support for the permitting process, (vi) the ability of the Pebble Project to ultimately secure all required federal and state permits, (vii) the ability of the Company and/or the State of Alaska to challenge the EPA's Final Determination process under the Clean Water Act and ultimately the USACE's Record of Decision ("USACE ROD") through legal actions; (viii) exploration potential of the Pebble Project, (ix) future demand for copper, gold and other metals, (x) if permitting is ultimately secured, the ability to demonstrate the Pebble Project is ultimately commercially viable, and (xi) the potential addition of partners in the Pebble Project. Although NDM believes the expectations expressed in these forward-looking statements are based on reasonable assumptions, such statements should not be in any way be construed as guarantees that the Pebble Project will secure all required government permits or regarding the ability of NDM to develop the Pebble Project in light of the USACE ROD and its subsequent remand decision and the EPA's Final Determination, establish the commercial feasibility of the Pebble Project, achieve the required financing or develop the Pebble Project.

Forward-looking statements are necessarily based upon a number of factors and assumptions that, while considered reasonable by NDM as of the date of such statements, are inherently subject to significant business, economic and competitive uncertainties and contingencies. Assumptions used by NDM to develop forward-looking statements include the assumptions that (i) the Pebble Project will obtain all required environmental and other permits and all land use and other licenses without undue delay, (ii) any feasibility studies prepared for the development of the Pebble Project will be positive, (iii) NDM's estimates of mineral resources will not change, and NDM will be successful in converting mineral resources to mineral reserves, (iv) NDM will be able to establish the commercial feasibility of the Pebble Project, and (v) NDM will be successful in its legal action against the EPA and the USACE and any action taken by the EPA in connection with the Final Determination will ultimately not be successful in restricting or prohibiting development of the Pebble Project.

In addition, the likelihood of future mining at the Pebble Project is subject to a large number of risks and will require achievement of a number of technical, economic and legal objectives, including (i) the current development plan may not reflect the ultimate mine plan for the Pebble Project, (ii) obtaining necessary mining and construction permits, licenses and approvals without undue delay, including without delay due to third party opposition or changes in government policies, (iii) finalization of the mine plan for the Pebble Project, (iv) the completion of feasibility studies demonstrating that any Pebble Project mineral resources that can be economically mined, (v) completion of all necessary engineering for mining and processing facilities, (vi) the ability of NDM to secure a partner for the development of the Pebble Project, and (vi) receipt by NDM of significant additional financing to fund these objectives as well as funding mine construction. NDM is also subject to the specific risks inherent in the mining business as well as general economic and business conditions. Investors should also consider the risk factors identified in the Company's Annual Information Form for the year ended December 31, 2024, as filed on SEDAR+ (www.sedarplus.ca) and included in its annual report on Form 40-F filed on EDGAR (www.sec.gov), as well as the risk factors set out in the Company's subsequent public continuous disclosure filings available on SEDAR+ and EDGAR. For more information on the Company, Investors should review the Company's filings with the United States Securities and Exchange Commission at www.sec.gov and its home jurisdiction filings that are available at www.sedarplus.ca.

The National Environment Policy Act Environmental Impact Statement process requires a comprehensive "alternatives assessment" be undertaken to consider a broad range of development alternatives, the final project design and operating parameters for the Pebble Project and associated infrastructure may vary significantly from that currently contemplated. As a result, the Company will continue to consider various development options and no final project design has been selected at this time.

SOURCE: Northern Dynasty Minerals Ltd.

View the original press release on ACCESS Newswire

FAQ

What is the current status of Northern Dynasty's (NAK) Pebble Mine veto removal negotiations?

Northern Dynasty reports active negotiations with government officials regarding the withdrawal of the Obama/Biden-era veto, though outcomes remain uncertain. The company describes discussions as potentially fruitful.

What is the timeline for NAK's summary judgment process in 2025-2026?

The schedule includes plaintiffs' opening briefs due October 3, 2025, DOJ response by January 2, 2026, and plaintiffs' final response by February 27, 2026.

Why is Northern Dynasty (NAK) pursuing both negotiations and legal action simultaneously?

The company is pursuing parallel tracks to keep timelines as tight as possible. If negotiations succeed in removing the veto, they can terminate the legal process, which is their preferred outcome.

What is the status of Northern Dynasty's case against the U.S. Army Corps of Engineers?

The case against the U.S. Army Corps of Engineers currently remains stayed, while the summary judgment process moves forward on a separate track.

What potential benefits does Northern Dynasty (NAK) claim the Pebble project could bring?

The company states the project could provide a significant new source of domestic copper and deliver substantial economic benefits for the region, state, and country.