A key priority for Northern Dynasty Minerals is to have EPA’s 2023 Final Determination – 404(c) “veto” – removed. It is currently in litigation with the EPA, seeking a summary judgement on the merits of its case rather than going to a full trial.
On February 17, 2026, this litigation reached a significant milestone when the U.S. Department of Justice (DOJ) filed its formal response brief to arguments filed by plaintiffs NDM, Alaska Peninsula Corporation, Iliamna Natives Limited, and the State of Alaska in October 2025.
Despite a change in administration and months of speculation regarding a potential settlement, the DOJ officially opted to stand by the EPA’s decision to restrict mining waste disposal in the Bristol Bay watershed. NDM’s leadership found the decision “surprising” saying that the current administration had made many pro-energy, pro-critical metals, pro-defense and military support statements.
Timeline of summary judgement briefs
NDM/State of Alaska vs. EPA
- October 2025: NDM, APC, INL, and State of Alaska (plaintiffs) file summary judgement briefs
- Feb 17, 2026: DOJ files brief supporting the EPA’s Final Determination that provides protections in Bristol Bay.
Still to come:
- March 3, 2026: Intervenors’ reply briefs due
- April 15, 2026: Plaintiff reply briefs due
- Late 2026 (estimated): Federal court in Alaska to issue a ruling on the summary judgement
