Northern Dynasty Minerals and State of Alaska sue over federal protections at Pebble deposit site
In March 2024, both Northern Dynasty Minerals (NDM, owner of Pebble Limited Partnership) and the State of Alaska brought lawsuits against the federal government related to its 2023 decision to establish prohibitions/restrictions on certain mining activity near the Pebble mine deposit.
Overturning EPA’s Final Determination
NDM’s priority case, filed in Federal District Court in Alaska, seeks to overturn EPA’s Final Determination in order to remove “a major impediment from the path of getting the permit to build the proposed mine.” NDM maintains that the EPA’s Final Determination “violated the law, and was arbitrary and capricious.”
“Takings”
While NDM is focused on overturning the EPA’s “veto,” it has also filed a “takings” complaint against the federal government in the U.S. Court of Federal Claims in Washington D.C. NDM argues that the EPA’s Final Determination essentially takes property from NDM and Pebble Partnership by not allowing the mineral development, leading to lost economic value. The State of Alaska has filed its own takings complaint as well, claiming that it will lose $700 billion if Pebble mine is not developed.
“The filing of the takings complaint puts the US Government on notice that we will be seeking very substantial compensation if they continue to illegally block the lawful permitting process,” said Ron Thiessen, President of NDM. “It is basically an insurance policy, ensuring that this case is available to us when, or if, we decide to pursue it further.”