Pebble CEO Tom
Collier appears before House Committee on Transportation and
Infrastructure Subcommittee on Water Resources and the
Environment
VANCOUVER, Oct. 28, 2019 /CNW/ - Northern Dynasty Minerals
Ltd. (TSX: NDM; NYSE American: NAK) ("Northern Dynasty" or the
"Company") reports that on October 23,
2019, Pebble Limited Partnership ("Pebble Partnership" or
"PLP") CEO Tom Collier appeared
before the US Congressional Committee on Transportation and
Infrastructure's Subcommittee on Water Resources and the
Environment to discuss recent advances by the Pebble Project
through the federal Environmental Impact Statement ("EIS")
permitting process.
Collier said the Democrat-controlled committee invited six
Pebble critics to appear as witnesses at the hearing, including
paid activists and consultants, as well as himself. The CEO of
Northern Dynasty's 100%-owned US subsidiary said it is clear that
sworn opponents of the project are alarmed at the steady progress
Pebble continues to make toward a Final EIS and Record of Decision
("ROD") from the US Army Corps of Engineers ("the Corps").
"With the publication of an overwhelmingly positive Draft EIS in
February, the formal withdrawal of the Obama Administration's
unprecedented 404(c) Proposed Determination in July, and our
inexorable progress toward a Final EIS and ROD in the first half of
2020, people are starting to understand that Pebble is a project of
merit," Collier said. "We've known for some time that our project
will meet and surpass the rigorous environmental standards enforced
in the United States and Alaska, and believe that it will secure
its operating permits. Our critics are starting to understand that
as well."
Members of the subcommittee split along partisan lines, with
Republicans objecting to Congress interfering with the
administration of regulatory due process for the Pebble
Project.
"We are wading into a project and an issue that is currently in
the middle of a comprehensive review under the National
Environmental Policy Act ("NEPA")," said Rep. Bruce Westerman (R-ARK), Ranking Member of the
subcommittee. "I…believe in proper regulatory due process through a
fair and objective federal environmental permitting process. I
believe in giving an applicant the opportunity to have the Corps of
Engineers and the State of Alaska,
along with a suite of other federal agencies, review this project
objectively on the merits of this permit application."
Given the pendency of the Corps' EIS permitting process for
Pebble, Westerman argued the subcommittee's time is better spend on
other issues, rather than "a partisan priority currently under
review at the federal agency level."
Although the hearing will have little effect on Pebble's
progress through federal permitting, Collier took the opportunity
to counter the positions and concerns of those opposed to the
project.
Collier on the findings of the Corps' Draft EIS: "For over 15
years, a battle has been fought over whether building a copper mine
200 river miles from Bristol Bay in Alaska would significantly damage the salmon
fishery in that region. The debate is now over. In February of this
year, the US Army Corps of Engineers issued its draft Environmental
Impact Statement for the proposed Pebble mine and unequivocally
concluded that the project will not harm the Bristol Bay
fishery."
Collier on the US Environmental Protection Agency's ("EPA")
decision to withdraw its Proposed Determination: "Another
concern expressed today has been whether EPA withdrawing its
preemptive, unprecedented veto – also known as the Proposed
Determination – was the correct decision. There can be no question
that it was.
"First, the entire Proposed Determination was the
epitome of bad process – a lack of statutory authorization, no
valid scientific record to speak of, and unelected, unaccountable
bureaucrats trying to regulate a major economic development project
out of existence. The Proposed Determination was also faulty
process because it deliberately avoided NEPA and an EIS, which
together comprise a superior, time-tested means of evaluating major
development projects."
Collier on the growing desperation of Pebble opponents: "One
of my fellow panelists today, former EPA Regional Administrator
Dennis McLerran, has called Pebble's
permit application the 'camel's nose under the tent,' which I
suppose means that he believes that Pebble plans on shoehorning in
a larger project despite the fact that we have scaled back the
footprint in the mine plan currently before the Corps of Engineers.
I have several responses.
"First, I believe it shows the level of desperation that the
Pebble opposition has reached. Think about it – to oppose this
permit application, they are forced to argue that it must in fact
be far different than what is actually proposed. In other words,
they are struggling to find problems with what is currently pending
before the Corps."
Collier on the key criticisms of Pebble opponents: "One is
that the political fix is in, and that's why we're where we are in
the permitting process. The second is the process is being rushed.
And the third is the (Draft) EIS is inadequate. And one of the
things that's been pointed to repeatedly are the criticisms that
have been filed by EPA and by the Department of Interior
("DOI").
"And the point I want to make is that they (EPA and DOI's
criticisms) don't support those three points. In fact, they run
directly against them. If the political fix is in, why is it that
Trump's EPA and Trump's DOI are criticizing the Draft Environmental
Impact Statement? It's just absurd and it is an internally
inconsistent position to take.
"Second, if this is a rushed process, why are these agencies
building speed bumps for the process? I mean that's crazy. And then
the third point, and this one is the most important. Now that these
criticisms have been put on the table, it is incumbent on the Corps
of Engineers to address them and address them thoroughly. And if
they don't address them thoroughly, then a court is going to throw
this permit right out the door the minute it's issued.
"And so, one of the things that's happened is that the
process is in fact working, which was your original point. This is
a draft. Criticisms have been put on the table and those criticisms
are going to be addressed. And if they aren't addressed, we won't
be able to have our permit upheld when the courts reviews."
In expressing his support for the Pebble EIS permitting process,
Rep. Don Young (R-AK) reminded
subcommittee members that the State of
Alaska has encouraged investment in mineral exploration and
development at Pebble.
"And people forget, Madam Chair, that this is state
land," Young said. "This is not federal land. The
State of Alaska had the right to
choose 103 million acres of land and they chose this land. And they
put it up for (mineral) discovery and it was discovered. And under
the discovery clause, you have a right for exploration. On the
right for exploration, you have a right for development if you go
to the permitting process."
Since the conclusion of the subcommittee hearing last week,
there have been further signals the Corps and the EPA continue to
work together constructively on the Pebble EIS. On October 25, 2019, the Corps granted EPA a
requested extension to the date by which it must decide whether to
'elevate' its consideration of the Pebble EIS from EPA Region 10 to
EPA Headquarters in Washington DC
under Section 404(q) of the Clean Water Act.
"The EIS process for Pebble, including the collaboration of
multiple government agencies, is working as it should," Collier
concluded.
"We have every reason to believe progress will continue, that
the Corps will deliver a final EIS and positive Record of Decision
on time next year, and that its process and decisions will
withstand any subsequent legal challenge. I think our increasingly
anxious opponents believe that to be the case as well."
About Northern Dynasty Minerals Ltd.
Northern Dynasty is a mineral exploration and development
company based in Vancouver,
Canada. Northern Dynasty's principal asset, owned through
its wholly owned Alaska-based U.S.
subsidiary, Pebble Limited Partnership ("PLP"), is a 100% interest
in a contiguous block of 2,402 mineral claims in southwest
Alaska, including the Pebble
deposit. PLP is the proponent of the Pebble Project, an initiative
to develop one of the world's most important mineral resources.
Ronald W. Thiessen
President & CEO
Forward Looking Information and other
Cautionary Factors
This release includes certain statements that may be deemed
"forward-looking statements". All statements in this release, other
than statements of historical facts, that address exploration
drilling, exploitation activities and events or developments that
the Company expects are forward-looking statements. Although the
Company believes the expectations expressed in its forward-looking
statements are based on reasonable assumptions, such statements
should not be in any way construed as guarantees of the ultimate
size, quality or commercial feasibility of the Pebble Project, that
the Pebble Project will secure all required government permits, or
of the Company's future performance.
Assumptions used by NDM to develop forward-looking statements
include the assumptions that (i) the Pebble Project will obtain all
required environmental and other permits and all land use and other
licenses without undue delay, (ii) studies for the development of
the Pebble Project will be positive, (iii) NDM will be able to
establish the commercial feasibility of the Pebble Project, and
(iv) NDM will be able to secure the financing required to develop
the Pebble Project. The likelihood of future mining at the Pebble
Project is subject to a large number of risks and will require
achievement of a number of technical, economic and legal
objectives, including (i) obtaining necessary mining and
construction permits, licenses and approvals without undue delay,
including without delay due to third party opposition or changes in
government policies, (ii) the completion of feasibility studies
demonstrating the Pebble Project mineral reserves that can be
economically mined, (iii) completion of all necessary engineering
for mining and processing facilities, and (iv) receipt by NDM of
significant additional financing to fund these objectives as well
as funding mine construction, which financing may not be available
to NDM on acceptable terms or on any terms at all. The Company is
also subject to the specific risks inherent in the mining business
as well as general economic and business conditions.
The National Environment Policy Act EIS process requires a
comprehensive "alternatives assessment" be undertaken to consider a
broad range of development alternatives, the final project design
and operating parameters for the Pebble Project and associated
infrastructure may vary significantly from that currently being
advanced. As a result, the Company will continue to consider
various development options and no final project design has been
selected at this time.
For more information on the Company, Investors should review the
Company's filings with the United States Securities and Exchange
Commission and its home jurisdiction filings that are available at
www.sedar.com.
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SOURCE Northern Dynasty Minerals Ltd.
