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19.04.24 · Accesswire  |
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15.04.24 · Accesswire |
Northern Dynasty Files Two Separate Actions: Seeking to Vacate EPA’s Illegal Veto and a Takings Case 15.03.24 · Accesswire |
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Antwort auf Beitrag Nr.: 75.449.673 von suedthueringen am 14.03.24 02:16:51
Northern Dynasty Files Two Separate Actions: Seeking to Vacate EPA’s Illegal Veto and a Takings Case
March 15, 2024 Vancouver – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE American: NAK) ("Northern Dynasty" or the "Company") and 100%-owned U.S.-based subsidiary Pebble Limited Partnership (“Pebble Partnership” or “PLP”) is filing two separate actions in the federal courts challenging the federal government’s actions to prevent the companies from building a mine at the Pebble Project.
Action Seeks to overturn EPA’s illegal veto
One action, in Federal District Court in Alaska, seeks to vacate the Environmental Protection Agency’s (“EPA”) veto of a development at Pebble. This is the main focus of our legal actions. We are confident that the court will vacate the EPA veto and allow permitting of the Pebble project to resume because, as we have previously stated, the veto violated the law and was arbitrary and capricious. The complaint in this action alleges, among many other points, the veto was issued in violation of various federal statutes regarding Alaska’s statehood rights and a land exchange approved by Congress; it was based on an overly broad legal interpretation of EPA’s jurisdiction which has since been over-ruled by the Supreme Court; its geographic scope exceeds that allowed by the statute; it was based on information previously developed by EPA in an illegal preemptive veto process that was designed to reach a predetermined result; and the factual basis stated to support the veto is directly contradicted by the July 2020 Environmental Impact Statement published by the United States Army Corps of Engineers (“USACE”), which is an important part of the administrative record. The EPA has not demonstrated that either the development of the Pebble deposit will have unacceptable adverse effects under Section 404(c), or that there are any impacts to Bristol Bay fisheries that would justify the extreme measures in the final determination (veto).
“Whatever authority the EPA may have under section 404(c), the general provision in the Clean Water Act cannot authorize the EPA to take action to block the specific economic activity that was Congress’s express purpose for granting these lands to the State of Alaska under the Cook Inlet Land Exchange,” Ron Thiessen, Northern Dynasty President and CEO, stated. “It cannot authorize the EPA to override the State’s regulatory preferences for the lands, or the State’s preference to allow modest use of some streams and wetlands in the vicinity of the Deposit to facilitate the extraction of the valuable critical minerals. This is just another example of gross EPA overreach of the powers granted to it by Congress.”
Takings case
An action is also being filed in the United States Court of Federal Claims in Washington, DC, claiming that the actions by the EPA constitute an unconstitutional “taking” of Northern Dynasty’s and the Pebble Partnership’s property. We plan to ask the court to defer considering this action until the EPA veto case, discussed above, has been finally resolved. Our permitting strategy is focused entirely on winning the EPA veto case and permitting the Pebble project. We have filed a takings case against the federal government to preserve our ability to seek compensation for a violation of our rights in line with the protections under the Fifth Amendment. There are procedural rules regarding takings cases that made it necessary to get this claim on file at this time. We note, however, that the damages for “taking“ the world’s largest undeveloped copper deposit could be very substantial.
“Our priority is to advance the District Federal Court Complaint, because overturning the illegal veto removes a major impediment from the path of getting the permit to build the proposed mine,” said Ron Thiessen, Northern Dynasty President and CEO. “The filing of the takings complaint puts the US Government on notice that we will be seeking very substantial compensation if they continue to illegally block the lawful permitting process. It is basically an insurance policy, ensuring that this case is available to us when, or if, we decide to pursue it further,” Mr. Thiessen continued.
The State of Alaska will also be filing similar actions in Federal District Court in Alaska and the United States Court of Federal Claims in Washington, DC.
Gruß aaahhh
Northern Dynasty Files Two Separate Actions: Seeking to Vacate EPA’s Illegal Veto and a Takings Case
March 15, 2024 Vancouver – Northern Dynasty Minerals Ltd. (TSX: NDM; NYSE American: NAK) ("Northern Dynasty" or the "Company") and 100%-owned U.S.-based subsidiary Pebble Limited Partnership (“Pebble Partnership” or “PLP”) is filing two separate actions in the federal courts challenging the federal government’s actions to prevent the companies from building a mine at the Pebble Project.
Action Seeks to overturn EPA’s illegal veto
One action, in Federal District Court in Alaska, seeks to vacate the Environmental Protection Agency’s (“EPA”) veto of a development at Pebble. This is the main focus of our legal actions. We are confident that the court will vacate the EPA veto and allow permitting of the Pebble project to resume because, as we have previously stated, the veto violated the law and was arbitrary and capricious. The complaint in this action alleges, among many other points, the veto was issued in violation of various federal statutes regarding Alaska’s statehood rights and a land exchange approved by Congress; it was based on an overly broad legal interpretation of EPA’s jurisdiction which has since been over-ruled by the Supreme Court; its geographic scope exceeds that allowed by the statute; it was based on information previously developed by EPA in an illegal preemptive veto process that was designed to reach a predetermined result; and the factual basis stated to support the veto is directly contradicted by the July 2020 Environmental Impact Statement published by the United States Army Corps of Engineers (“USACE”), which is an important part of the administrative record. The EPA has not demonstrated that either the development of the Pebble deposit will have unacceptable adverse effects under Section 404(c), or that there are any impacts to Bristol Bay fisheries that would justify the extreme measures in the final determination (veto).
“Whatever authority the EPA may have under section 404(c), the general provision in the Clean Water Act cannot authorize the EPA to take action to block the specific economic activity that was Congress’s express purpose for granting these lands to the State of Alaska under the Cook Inlet Land Exchange,” Ron Thiessen, Northern Dynasty President and CEO, stated. “It cannot authorize the EPA to override the State’s regulatory preferences for the lands, or the State’s preference to allow modest use of some streams and wetlands in the vicinity of the Deposit to facilitate the extraction of the valuable critical minerals. This is just another example of gross EPA overreach of the powers granted to it by Congress.”
Takings case
An action is also being filed in the United States Court of Federal Claims in Washington, DC, claiming that the actions by the EPA constitute an unconstitutional “taking” of Northern Dynasty’s and the Pebble Partnership’s property. We plan to ask the court to defer considering this action until the EPA veto case, discussed above, has been finally resolved. Our permitting strategy is focused entirely on winning the EPA veto case and permitting the Pebble project. We have filed a takings case against the federal government to preserve our ability to seek compensation for a violation of our rights in line with the protections under the Fifth Amendment. There are procedural rules regarding takings cases that made it necessary to get this claim on file at this time. We note, however, that the damages for “taking“ the world’s largest undeveloped copper deposit could be very substantial.
“Our priority is to advance the District Federal Court Complaint, because overturning the illegal veto removes a major impediment from the path of getting the permit to build the proposed mine,” said Ron Thiessen, Northern Dynasty President and CEO. “The filing of the takings complaint puts the US Government on notice that we will be seeking very substantial compensation if they continue to illegally block the lawful permitting process. It is basically an insurance policy, ensuring that this case is available to us when, or if, we decide to pursue it further,” Mr. Thiessen continued.
The State of Alaska will also be filing similar actions in Federal District Court in Alaska and the United States Court of Federal Claims in Washington, DC.
Gruß aaahhh
Antwort auf Beitrag Nr.: 75.448.830 von SPORTIFY am 13.03.24 21:21:11
Sagt wer? Du?
Zitat von SPORTIFY: Dieses Projekt wird gestartet. Wer Geduld hat wird belohnt.
Sagt wer? Du?
Hier wird NAK/NDM aufgeführt...
https://markets.businessinsider.com/news/stocks/7-of-the-bes…
https://markets.businessinsider.com/news/stocks/7-of-the-bes…
Northern Dynasty WKN 901689 Einstiegschance, strong buy
Northern Dynasty WKN 901689 Einstiegschance, strong buy. Starke Ressourcen. Dieses Projekt wird gestartet. Wer Geduld hat wird belohnt.
TSX fast 20% im plus. Irgendwas ist da doch im Busch. Die letzten Tage wurde schon ein ungewöhnlich hohes Volumen in Kanada gehandelt.
Trading Spotlight
Antwort auf Beitrag Nr.: 75.437.766 von Bekennerschreiben am 12.03.24 12:19:26Hier mal ein link dazu...
https://www.msn.com/de-de/finanzen/portfolio?id=a1y99c&tab=R…
https://www.msn.com/de-de/finanzen/portfolio?id=a1y99c&tab=R…
Frage an die Spezialisten hier:
Wie sieht es denn aktuell finanziell aus? Steht in Kürze eine KE an?
Wie sieht es denn aktuell finanziell aus? Steht in Kürze eine KE an?
NAK könnte die nächsten Tage noch ein bisschen in Bewegung bleiben. Schöne Woche Allen!
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