Form 6-K NORTHERN DYNASTY MINERAL For: Jun 17
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO
RULE 13a-16 OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF
1934
For the month of
June 2021
Commission File No.
001-32210
NORTHERN DYNASTY MINERALS
LTD.
(Translation of registrant's name into English)
(Translation of registrant's name into English)
15th Floor - 1040 West Georgia Street
Vancouver, British Columbia, V6E 4H1, Canada
(Address of principal executive office)
Vancouver, British Columbia, V6E 4H1, Canada
(Address of principal executive office)
Indicate by check
mark whether the registrant files or will file annual reports under
cover of Form 20-F or Form 40-F
Form 20-F
☐ Form 40-F ☒
Indicate by check
mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1)
☐
SUBMITTED HEREWITH
Exhibits
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Description
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News Release dated June
17, 2021 |
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2
SIGNATURE
Pursuant to the
requirements of the Securities Exchange Act of 1934, the registrant
has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
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NORTHERN DYNASTY MINERALS
LTD.
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Date: June 17, 2021
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By:
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/s/ Trevor
Thomas
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Name
Trevor Thomas
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Title
Secretary and General
Counsel
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3
Exhibit 99.1
Northern Dynasty: Ninth Circuit Court of Appeals orders Pebble
case to be judged on its merits
June 17, 2021 Vancouver – Northern Dynasty Minerals
Ltd. (TSX: NDM; NYSE American: NAK) ("Northern Dynasty" or the
"Company") said a majority decision by the US Court of Appeals for
the Ninth Circuit announced today in relation to a lawsuit brought
by Trout Unlimited and other environmental groups against the US
Environmental Protection Agency (“EPA”), challenging
the federal agency’s July 2019 decision to withdraw its
previously issued ‘Proposed Determination’ with respect
to Alaska’s Pebble Project, means that the case must now be
heard and judged on its merits by a federal district court in
Alaska.
In
April 2020, US District Court Judge Sharon L. Gleason granted
EPA’s ‘Motion to Dismiss’ the case without a
hearing, stating the plaintiffs had “failed to state a claim
upon which relief can be granted”. Today’s decision by
the Ninth Circuit Court of Appeals reversed in part the lower court
ruling, and remanded it back to federal district court in Alaska
for additional proceedings to determine whether the withdrawal was
arbitrary, capricious, an abuse of discretion or contrary to law.
One of the three judges on the Ninth Circuit panel that issued
today’s decision wrote a lengthy dissent opposing the
majority decision.
The
plaintiffs, a collection of anti-development activists led by Trout
Unlimited, challenged the EPA’s authority to withdraw its
prior regulatory action under Section 404(c) of the Clean Water Act (initiated in 2014 by
the Obama administration), which sought to preemptively veto the
Pebble Project before a permit application had been filed or an
Environmental Impact Statement permitting process was
undertaken.
Northern
Dynasty President & CEO Ron Thiessen said, in his view, the US
federal government should prevail at the district court level, and
the EPA’s decision to withdraw its prior Proposed
Determination should be upheld.
“This
case was summarily dismissed last year by a federal judge in Alaska
because the plaintiffs failed to state a cause of action that was
reviewable by the courts,” he said. “Today’s
split decision by the Ninth Circuit does not strengthen the
plaintiffs’ case. Accordingly, we believe the federal
government should prevail when the case is ultimately heard so long
as the court’s final decision is based on the merits of the
arguments presented.”
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, is a 100% interest in a contiguous block of
2,402 mineral claims in southwest 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, an initiative to develop one of the world's most important
mineral resources.
For
further details on Northern Dynasty and the Pebble Project, please
visit the Company's website at www.northerndynastyminerals.com or
contact Investor services at (604) 684-6365 or within North America
at 1-800-667-2114. Review Canadian public filings at www.sedar.com
and U.S. public filings at www.sec.gov.
Ronald
W. Thiessen
President
& CEO
U.S.
Media Contact:
Dan
Gagnier, Gagnier Communications
(646)
569-5897
Forward Looking Information and other Cautionary
Factors
This release includes certain statements that may be deemed
"forward-looking statements" under applicable law. All statements
in this release, other than statements of historical facts, which
address permitting, development and production for the Pebble
Project are forward-looking statements. These statements include
statements regarding (i) the mine plan for the Pebble Project, (ii)
the social integration of the Pebble Project into the Bristol Bay
region and benefits for Alaska, (iii) the political and public
support for the permitting process, (iv) the ability to
successfully appeal the negative Record of Decision and secure the
issuance of a positive Record of Decision by the U.S. Army Corps of
Engineers and the ability of the Pebble Project to secure state
permits, (v) the right-sizing and de-risking of the Pebble Project,
(vi) the design and operating parameters for the Pebble Project
mine plan, (vii) exploration potential of the Pebble Project,
(viii) future demand for copper and gold, (ix) the potential
partnering of the Pebble Project, and (x) the ability and timetable
of NDM to develop the Pebble Project and become a leading copper,
gold and molybdenum producer. Although NDM believes the
expectations expressed in these forward-looking statements are
based on reasonable assumptions, such statements should not be in
any way be construed as guarantees that the Pebble Project will
secure all required government permits, establish the commercial
feasibility of the Pebble Project or develop the Pebble Project.
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’s estimates of
mineral resources will not change, (iv) NDM will be able to
establish the commercial feasibility of the Pebble Project, and (v)
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) finalization of the mine plan for the
Pebble Project, (iii) the completion of feasibility studies
demonstrating that any Pebble Project mineral resources that can be
economically mined, (iv) completion of all necessary engineering
for mining and processing facilities, (v) the inability of NDM to
secure a partner for the development of the Pebble Project, and
(vi) 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. NDM is also subject to the specific risks inherent in
the mining business as well as general economic and business
conditions, such as the current uncertainties with regard to
COVID-19.
The National Environment Policy Act Environmental Impact Statement
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 contemplated. 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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