Pebble mine development is currently blocked by two major federal agency actions:

  • In November 2020, the U.S. Army Corps of Engineers denied developers a key 404 permit.
  • In January 2023, the U.S. Environmental Protection Agency finalized a 404(c) action in Bristol Bay to protect sensitive wetlands. The Final Determination laid out restrictions in the area of the Pebble deposit, effectively blocking development of the proposed project.

Northern Dynasty Minerals/Pebble Limited Partnership is in litigation with the federal government to attempt removal of the EPA's Final Determination. 

Current Status of that litigation: Federal Protections Upheld As of February 17, 2026, the U.S. Department of Justice has formally filed to defend the EPA’s 2023 Clean Water Act "veto" in court, reaffirming federal restrictions on mine waste disposal in the Bristol Bay watershed. Despite developer efforts to reach a settlement, the project remains blocked as the legal challenge moves toward a summary judgment ruling expected in late 2026.