Mr. Ron Thiessen reports

NORTHERN DYNASTY: COMMENTS ON RECENT SUPREME COURT DECISION AND ANTICIPATED NEXT STEPS

Northern Dynasty Minerals Ltd. is providing additional commentary on the recent United States Supreme Court decision to not allow Alaska to bypass the typical court review process as it works to overturn the U.S. Environmental Protection Agency's (EPA) illegal veto of the Pebble project lands. The company has also provided commentary on anticipated next steps.

Decision is purely procedural

It is important to note that this decision is purely procedural and does not imply whether the Supreme Court agrees or disagrees with the merits of the case. Alaska was pursuing a narrow exception to the usual requirement that cases first be heard by a federal district court and a federal circuit court of appeals before being considered by the Supreme Court. Based on its decision, the next logical step is to proceed with a filing in the federal district court.

Alaska governor responds to the decision

Alaska Governor Mike Dunleavy issued the following statement via X (formerly known as Twitter) on Monday, Jan. 8, 2023: "At a time when federal administrations are fast-tracking renewable-energy production, the careful production of copper and other rare minerals, like those found in the Pebble area, are more important than ever. The Supreme Court's decision to not hear the state's case directly is disappointing, but the state is confident that the lower courts will find EPA violated the law with its prohibition and restriction of any mining activity over the 309-square-mile area surrounding the Pebble deposit. The state will continue to fight against this flagrant overreach."

Next step is federal district court

While the request by Alaska to the Supreme Court was pending a decision, the company has been completing the necessary steps to initiate its case in federal district court. The complaint will argue that the veto is illegal (that is, contrary to several federal statutes) and that it is arbitrary and capricious (that is, that it is contrary to the factual record upon which it must rest). Essentially, the case will argue that this was a political veto by this administration, which is inconsistent with the findings of the final environmental impact statement recorded on the Federal Registry in July, 2020, by the U.S. Army Corps of Engineers. These inconsistencies were set out in numerous instances by the review officer, in her remand order at the conclusion to the company's appeal of the negative record of decision. The company will provide more details on its case when it is filed, which is expected in the coming weeks.

"We continue to believe our arguments are very strong and look forward to finally getting our day in court," said Ron Thiessen, Northern Dynasty's president and chief executive officer. "Pebble is an important project for Alaska and the nation. It would create many jobs for Alaskans, provide a much-needed economic catalyst and wealth for the state, and be a source of necessary critical minerals for the long-term safety and security of the United States."

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 subsidiary, Pebble LP, is a 100-per-cent interest in a contiguous block of 1,840 mineral claims in southwestern Alaska, including the Pebble deposit, located 200 miles from Anchorage and 125 miles from Bristol Bay. The Pebble partnership is the proponent of the Pebble project.

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