EPA, Pebble Mine developer in settlement talks over Biden’s unprecedented pre-emptive veto

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Northern Dynasty Minerals Ltd. confirmed last week that it is in active settlement negotiations with the US Environmental Protection Agency, aiming to overturn the federal preemptive veto that has blocked development of the Pebble copper and gold project in Southwest Alaska.

The July 3 filing in US District Court follows a 90-day litigation pause requested by the federal government in February, and a subsequent 30-day extension in May to allow new EPA leadership to review the case. The agency has now concluded its internal review and is engaged in talks with Pebble Limited Partnership, Northern Dynasty’s US subsidiary.

“Agency officials remain open to reconsideration, and defendants and PLP are negotiating to explore a potential settlement,” the EPA’s court filing states. “Those discussions have addressed a potential further submission from PLP that would inform any agency reconsideration.”

Northern Dynasty characterized the development as a significant breakthrough in its long effort to challenge the EPA’s 2023 preemptive veto under Section 404(c) of the Clean Water Act, which barred development of the mine before permitting could be completed.

Ron Thiessen, Northern Dynasty President and CEO, framed the potential reversal as not just a regulatory milestone but a strategic move for the U.S. economy and national defense.

The EPA and Pebble jointly requested an additional 14-day extension of the case’s current abeyance, with a status update due to the court by July 17.

The parties expect to reach agreement within that time on what new information Pebble may submit to support the agency’s reconsideration.

Though the news was released over the July 4 holiday, investor response was swift once markets reopened. Northern Dynasty’s stock jumped nearly 18% in pre-market trading on July 7 and surged to a peak of $2.96 by July 10.

The company received an additional boost from President Donald Trump’s July 8 announcement of a 50% tariff on copper imports — a national security measure aimed at reducing dependence on foreign metals, especially from China.

The action followed a February executive order to review the US copper trade under national security provisions.

Containing an estimated 6.4 billion pounds of copper, 300 million pounds of molybdenum, 7.4 million ounces of gold, 37 million ounces of silver, and 200,000 kilograms of rhenium, the Pebble deposit is one of North America’s most significant untapped sources of critical minerals. Its supporters argue the mine could play a vital role in U.S. energy independence and industrial resilience.

If a settlement is reached and the EPA withdraws its veto, the Pebble project could re-enter the permitting process and that may reignite one of the nation’s most fiercely contested development debates.

37 COMMENTS

  1. Bristol bay has the potential to be the wealthiest place in the entire state. Or the natives can let a bunch of carpet baggers hold them
    In poverty. They can have fish and metals.

  2. The author could have summarised: “with restoration of US mining industry wealth creation incentives/democractic permitting, the US has a glimmer of future hope! Resources sovereignty has always ensured that nations remain in a stronger perspective of trade bargaining. Today, the USA is on the precipice of multiple geo-political conflicts, largely as stupidly it now dependent internationally on almost ALL critical & strategic elements. Energy requirements too are in jeopardy to decades of socialist idealism. Pebble’s expedient development MAY help save America. Too Resolution (Arizona), Triology (Alaska), Twin Metals (Minnesota)… the list goes on. EPA over-reach, particularly with gaining control over ALL US waters as a policy has been HUGELY contributors to America’s resources suicide. So, an appropriate language in writing today is side with capitalism & market -economic bias, as it is the sole pillar of sustaining western ‘democracies’. Today’s journalists have to decide which economic camp they wish to support. In global war, a live is drawn in the sand.

    • Fred. I reread your comment several times and found not a single word about the guaranteed destruction of all or part America”s greatest fishery. Did Downing edit that out? You did address that right?

      You’re certainly keen on money, like you’re one of Abbey’s rape ruin and run gang.

      If this is how you see the natural world of Alaska – “So, an appropriate language in writing today is side with capitalism & market -economic bias, as it is the sole pillar of sustaining western ‘democracies’”, then GTFOOH.

  3. President Trump killed the foreign owned pebble mine with his Army Corp. of Engineers permit veto and foreign owned pebble cannot open pit mine without those permits no matter what the EPA says or does.
    And there is still the security’s fraud guilty plea of which pebble has not payed back investors the total amount due, 195 million more dollars on top of the 6.3 already payed.
    Suzanne, next story please 😉

    • Just a quick response: The oil & gas royalties have fueled Alaska’s Permanent fund. Bear in mind that royalties are still employed, particularly in the resource extraction sector. Many owners are a consortium, both American & international. Too, your other contention holds little value in current terms, as the 2nd term Trump administration has changed policies, reflective of the current world situation. Suggest you inform your self.

      • Donald Trump Junior, Tucker Carlson and a third person conducted a study on the foreign owned pebble prospect and upon consulting the president the project was killed. Ukraine, Africa and Greenland are the mining areas, not in the middle of the worlds largest red salmon spawning grounds. Goggle it.
        Summarize; Educate yourself.

        • But Northern Dynasty is going after the EPA for what it did during the Joe Biden Administration – not whatever CNN narrative you heard on TV and are now parroting.

          And here is what is going to happen. The EPA administration is going to realize they won’t be able to defending Biden’s insane illegal conduct – and is going to have to settle with Northern Dynasty for hundreds of millions of (taxpayer) dollars. Letting a corrupt dementia patient pretend to run things for four years creates real costs to Americans.

          Hopefully that award money will be spent pushing through the Pebble Prospect in record time – while there are adults in the White House.

          • Northern Dynasty is a foreign owned company, Trump don’t like foreigners.
            By the way, are from the U.S. ?
            Trump killed the pebble mine in his first term, why don’t you educate yourself instead of writing false innuendos?

          • “Letting a corrupt dementia patient pretend to run things for four years creates real costs to Americans”, YET WE ELECTED HIM !!! Now look at our country.

    • John,

      Perhaps you do not remember the 1960’s and the significant humankind pollution that dirtied our freshwater and air. Do you recall that the Cuyahoga River got fire in 1969? So you remember Love Canal? Do you know what the air quality was like in LA? Do you realize that there has not been a major oil spill along the 800 miles of the Alyeska Pipeline, probably due to its redesign after the EPA’s EIS? Our water and air is so much cleaner since the EPA was signed into law by President Nixon. Do you really want to go back to those days?

      • Just a quick reply… things and technology have changed dramatically since the ‘50’s & 60’s. Like all persons, their perspectives can change with advancements in technology and environmental awareness. Stopping progress is stupid and kills economies, no? Be a revolutionary: change with the times.

    • Ridiculous! We need the EPA to Protect ALL of us from the the toxins Corporations leak into our Environment which could sickening or kill us ! Not to mention the natural beauty that is destroyed by industry.

      • The corporations owned by American citizens threw stock purchases Teri?? The corporation s that build your iPhone iPad & I watch and other stuff you don’t actually need. Your dividend check is funded by these evil huge dirty corporations. Can you really be this stupid..??

      • This is one of the sillier arguments I’ve ever heard. Your assumption is that we haven’t learned a single thing in the last 55 years since the creation of the EPA. What a silly woman you are.

        You should be aware that every single state in the union has a mini-me EPA at the state level empowered to do whatever it is the EPA at the federal level is supposed to do. On one level, it is a sign that we have learned our lesson, that taking care of the environment is good business, even a profitable business. On the other, if every single state has the functional equivalent of the EPA at the state level, why do we need one in DC? Cheers –

        • Geez gimarc, your horsey carousel is coming to a stop. You wrote, Taking care of the environment is good business. Yes if the greenwashing covers the dirty short cutting most resource extractors sniffingly deny. Check out the Crandall Canyon coal mine collapse in Price Utah in 2007. Big profit taking cuz of ignored safety regulations.

          Something like this will happen at Pebble as the proposed simple mom-and-pop mine metamorphoses into a gaping giant Butte-like kettle of poison geysers.

          No thanks.

  4. Uh…Trump killed Pebble. In a tweet on Aug 4, 2020, Trump said, “The headwaters of Bristol Bay and the surrounding fishery are too unique and fragile to take any chances.”

    So I guess he changed his mind today. Cool. But Biden didn’t kill Pebble, Trump did.

    You really ought to hire an editor…

    • Might inform yourself. America doesn’t have access to most strategic and critical resources today. Why? Americans have been out-sourcing resources instead of securing sovereign resources. Just watch now as America loses its future.

    • It’s sad to think that people actually think tweets are the same thing as laws, this is just more confirmation that the movie Idiocracy is a prophecy and not a comedy.

        • You didn’t really say much worth commenting on.

          It would be ignorant at best to think that something done under the first Trump Administration regarding Pebble permitting has anything to do with the direction of the second administration more than 5 years later regarding energy and natural resource production with a completely different set of world events following the failed third term Obama/Biden/Harris Administration.

  5. The Elephant in the Room

    Let’s be honest.
    The elephant in the room is this:
    Canadian companies—backed by public markets and socialist policies—have mastered the art of extracting opportunity from resource-rich, poverty-stricken communities. And we let them.

    But here’s the thing about elephants:
    They never forget.

    Neither do we.

    The most important advice I’ve ever received came from an attorney who told me, “You have the power. Use it.”
    Power isn’t just a feeling—it’s action.
    It’s choice.
    It’s knowing the value of what our grandmothers and grandfathers sacrificed for.

    They didn’t suffer so we could give our birthright away.
    They endured so we could survive. So we could stand.
    And now that we have tools—mineral rights, economic levers, political status—we need to stop handing them over to outsiders who see our land and think profit, but never people.

    If we choose to remain passive, to keep outsourcing our opportunity, then let it be known:
    The lesson of our failure will be taught.
    I will make sure the seventh generation knows this part of history—because history is not just what is remembered, it’s what is spoken, what is written, and I am one voice among many in our living history.

    So here’s the call to action:

    How many more Canadian companies should be the primary beneficiaries of U.S. Department of Defense grants—to develop our minerals?

    Why are we giving away what we already own?

    These companies are publicly traded.
    They follow blueprints we can access.
    This isn’t rocket science.

    We can do this ourselves.

    • Trudy these (Canadian company’s ) that trade on the New York stock exchange. Where 70% of the stock is owned by Americans. If it was up to me I would shut the power off for 3 months in January and let the cards fall where they may. You are an unhinged ungrateful moron. Because of all these electronics we live a very pleasant life which you don’t appreciate. Electricity is a fantastic thing. Life before electricity was very tough.

  6. One thing to mine. Another to refine. The US has only two copper refineries. If you harvest Alaskan trees, then ship them to Japan, what might be the outcome. Suggest: Extract with friends, refine with friends and trade with friends ensuring a balance of transparencies and abide me of international trade rules and practices.

  7. …a tweet is not a veto. Check Google – P.Biden is the one who stopped the project… and took credit for doing so.

  8. These are non-Alaskans wanting to destroy Alaska for their profit. While we are conservative on many things, this is not it. Every other mine has destroyed the area. The jobs promised are rarely local except for janitors and grunts. Let them develop Canada or Siberia and leave Alaska alone.

  9. I had been fishing by the lake, on the bike-trail the other evening.
    This guy walks up and starts talking to me.
    He was in his 60’s, dressed in khaki’s and forest service green…
    And he launches off into this diatribe about how he was one of the first to rise up and call attention to pebble. And then went on to try to tell me all the horrible things that it would bring..
    And he kept on going, ramming this stuff down my throat.
    Ok, I was trying to enjoy some peace and quiet.
    I don’t need to be targeted by a Political activist.
    I did mention to him that PLP was shut down before they even submitted a mine-plan.
    He just kept chewing. I finally told him he was full of it.
    Has anyone else been exposed to this?
    I think the guy is on the payroll.

  10. How will this affect the state of Alaska’s lawsuit? Seems to me that Taylor and Dunleavy getting 700 billion for a mine that will probably never be built is a true win. Hopefully this does not ruin that oppurtunity.

  11. You guys must have read Paul Vigna’s new book, “The Almightier”. The book states GREED is good and is a big part of what makes America great. Well, all big commercial successes leave death and destruction in its wake. I surely disagree with these ideas and strategies. We do not need to take down a thousands of years old culture to maintain our status as an imperial power. Case you did not know, everything going wireless. And, a the third generation says, Ukraine, Greenland & Africa are the new mining spots. No open pit mine has ever been operated as an ecological success, they ALL have ruined the immediate area. The Red Dog zinc mine, despite the mine owners bet efforts, puts mineral dust out 2 miles on each side of the mine road leading from the mine to the docks. The Wulik River flows alongside that road. Kavilina village is in ongoing litigation over the mines toxic discharge into the river. And, the mine owners promised they would not kill the river, but they did. I state this because credible science shows that the dust from the mine will contain heavy metals that neutralize a salmons ability to navigate home. Salmon are estimated to decrease annually utill there are not enough to harvest commercially. I care about the natives rights, don’t you? And remember, the exec that was exposed by impersonating investors, he said getting their foot in the door soiled allow them to expand to over 50 miles of mine. Bristol is the last major salmon fishery left. Heck, way back when salmon were spawning in New Jersey. You are greedy Glen

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