Mr. Ronald Thiessen reports

NORTHERN DYNASTY: NMA, AEMA, AMA AND THE U.S. CHAMBER OF COMMERCE FILE COURT DOCUMENTS AGAINST THE ILLEGAL OBAMA/BIDEN VETO ON ONE OF THE WORLD'S LARGEST UNDEVELOPED COPPER PROJECTS, LOCATED IN THE U.S.

The National Mining Association (NMA), the American Exploration & Mining Association (AEMA), the Alaska Mining Association (AMA) and the U.S. Chamber of Commerce have filed amicus briefs in the Alaska Federal Court in support of one of the largest undeveloped copper projects in the world, located in the United States, which is being blocked by an illegal Obama/Biden veto.

"We appreciate the important support from the NMA, the AEMA, the AMA and the chamber, as we fight back against the injustice of the illegal Obama/Biden-era veto," stated Ron Thiessen, president and chief executive officer of Northern Dynasty Minerals Ltd. "The Obama EPA dreamed up this scheme to handicap future mining activity in the U.S., and the Biden EPA put this injustice into action without regard to the economic harm it could cause to all Americans."

The NMA, AEMA and AMA summarize their argument with: "... This case is exceptionally important to amici's members, the mining industry and the nation's economy. The proposed mine -- which the U.S. Environmental Protection Agency (EPA) has unlawfully vetoed -- will provide a crucial source of copper for construction, transportation, electrical and electronic projects, industrial machinery and defence applications. Copper also plays an inextricable role in nearly all forms of renewable energy. The EPA's aggressive and unprecedented use of a regulatory veto comes just as the world prepares for a global shortage of copper and other minerals due to the surging demands of digitalization and electrification. While the United States has one of the world's greatest mineral repositories, the ability to get those minerals into the supply chain to help meet America's needs is threatened by crippling regulatory uncertainty, including the overly broad nature of EPA's asserted authority.

"The misuse of EPA's veto authority casts a cloud over mining projects in Alaska and beyond. Regulatory obstacles to mineral development harm not only the U.S. mining industry, but also domestic manufacturing, innovation and security.... Amici and their members need certainty in the federal regulatory landscape governing mining operations and urge the court to hold EPA to its statutory mandate and to prior interpretations and practice."

Major arguments in the chamber's brief include: "... EPA vetoed a permit that is a crucial prerequisite for construction of the Pebble mine ... without considering the significant financial consequences of that veto for the project proponents, the state and the national economy.

"... Congress' instruction to EPA in Section 404(c) -- that the agency evaluate whether effects are unacceptable before exercising backstop authority -- is a paradigmatic demand that regulation proceed only after a reasoned consideration of costs. The statutory term unacceptable rivals those adjectives that the Supreme Court has already determined to naturally embrace a consideration of costs before an agency chooses to regulate.

"... EPA ignored these principles by straining to read the word unacceptable out of Section 404(c). But the sheer ingenuity of the agency's reading underscores that it cannot be the best interpretation of Section 404(c) and therefore cannot justify EPA's decision.

"... EPA's approach would turn the principles of reasoned decision making inside out. It would encourage agencies not only to view the consequences of their actions through a keyhole -- ignoring even sizable costs of those actions -- but also to shield that evaluation behind the Potemkin rationale of an alternative basis. The upshot would be bad regulation badly explained. Nobody is well served when EPA erases a project of Pebble's magnitude and importance after (at most) feigning to check the price tag, and project developers, in particular, are likely to confront a chilled investment climate and other injuries to their reliance interests if the agency's approach is upheld.

"... The court should set aside EPA's veto and emphasize the importance of considering costs to determinations made under Section 404(c)."

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-per-cent interest in a contiguous block of 1,840 mineral claims in southwestwern 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.

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