The order supports the EPA’s previous decision to restrict development of the proposed copper, gold and molybdenum project in the Bristol Bay watershed. Northern Dynasty and its wholly owned U.S. subsidiary, Pebble Limited Partnership, are seeking summary judgment in their legal challenge to overturn the EPA’s veto.
The veto, issued under Section 404(c) of the Clean Water Act, blocks the disposal of mining waste in certain waters within the Bristol Bay area, effectively preventing the project from going through the federal permitting process.
In its determination, the EPA said the proposed mine would destroy more than 2,000 hectares of wetlands.
The Pebble project has faced regulatory scrutiny and opposition for more than two decades, largely due to its location in the Bristol Bay watershed, home to some of the world’s largest sockeye salmon fisheries.
Supporters argue that the project represents a strategic domestic source of copper and other crucial minerals, while opponents argue that it poses unacceptable risks to the environment.
Northern Dynasty Minerals TSX appearance, February 12 to 19, 2026.
Chart via Google Finance.
In one Wednesday statementNorthern Dynasty President and CEO Ron Thiessen criticized the administration’s position:
“We find it surprising that despite the executive orders and the administration’s many statements regarding Alaska development, pro-energy, pro-critical metals, pro-defense and military aid, removing roadblocks to permits, on the need for copper, etc., this EPA would choose to defend the unlawful Obama-Biden veto.”
Thiessen strongly opposed the DOJ’s filing in a continued comment on Thursday (Feb. 19), claiming the “veto was illegal, and a high level of confidence that the court will agree with us.”
The CEO added, “This DOJ briefing contains many arguments we have seen before that directly contradict the findings of the final environmental impact statement. The shortcomings in this briefing only increase that confidence.”
After Northern Dynasty filed a legal challenge in Alaska federal district court in 2024 and settlement talks with the EPA fell through, the parties agreed to seek resolution through summary judgment. According to the court’s timeline, the DOJ application was due by Tuesday (February 17), after which the plaintiffs’ final response letter would follow.
If built, Pebble would be the largest copper, gold and molybdenum mining site in North America. A 2023 economic study estimates that the project could produce 6.4 billion pounds of copper, 7.4 million ounces of gold and 300 million pounds of molybdenum over 20 years, along with 37 million ounces of silver and 200,000 kilograms of rhenium.
Despite these forecasts, further development of the project remains dependent on the outcome of the legal battle. Northern Dynasty said it is reviewing the DOJ’s request with its legal advisors.
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Securities Disclosure: I, Giann Liguid, have no direct investment interest in any company mentioned in this article.
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