Northern Dynasty: Pebble Partnership achieves settlement with US Environmental Protection Agency
VANCOUVER, May 12, 2017 /CNW/ – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE MKT: NAK) (“Northern Dynasty” or the “Company”) announces that its wholly-owned subsidiary, Alaska-based Pebble Limited Partnership (“Pebble Partnership” or “PLP”), and the US Environmental Protection Agency (“EPA”) have reached a settlement agreement with respect to the parties’ longstanding legal dispute over the federal agency’s pre-emptive regulatory action under Section 404(c) of the Clean Water Act.
Under the terms of the settlement agreement, EPA has agreed the Pebble Project can proceed into normal course permitting under the Clean Water Act and National Environmental Policy Act. In particular, EPA has agreed it will not file a Recommended Determination under CWA 404(c) until a final Environmental Impact Statement (“EIS”) for the Pebble Project has been completed by the US Army Corps of Engineers (the “Corps”) – so long as that occurs within a period of four years following the settlement agreement and PLP files permit applications within 30 months of the date of the settlement agreement. EPA has further agreed to initiate a process to propose to withdraw the Proposed Determination it issued under CWA 404(c) in July 2014. In return, the Pebble Partnership has agreed to terminate permanently and with prejudice two lawsuits it brought against EPA: an action under the Federal Advisory Committee Act and an action under the Freedom of Information Act.