Published: February 26, 2026 |

The veto did not prohibit mining of the Pebble deposit, but it did prevent Pebble Limited from doing exactly what it has proposed.

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The U.S. Department of Justice is defending a Biden-era veto of the Pebble copper and gold project, saying the Environmental Protection Agency properly exercised its authority to prevent adverse impacts to a “globally significant” fishery in Bristol Bay.

The Feb. 17 court filing by the Department of Justice continues the Trump administration’s opposition to the proposed mine, a departure from the president’s aggressive pro-development agenda that includes support of U.S. mineral production in Alaska.

The Pebble Project sits on state land about 200 miles southwest of Anchorage, near the headwaters of Bristol Bay, home to the world’s largest sockeye salmon fishery.

Mine developer Pebble Limited Partnership brought the case in 2024, suing EPA over its decision to block the mine under a little-used provision in the Clean Water Act. The agency had said the mine would cause “unacceptable, adverse” harm to the valuable Bristol Bay salmon fishery.

The Justice Department said in its filing that the Pebble mineral deposit exists under streams, wetlands and other waters that are critical for supporting salmon in the watershed, “a largely undisturbed, globally significant economic, ecological, and cultural resource.”

“(Pebble Limited Partnership’s) mine plan calls for the disposal of large quantities of fill into waters of the United States that would destroy or comparably damage large areas of salmon habitat that are fishery areas,” the filing said.

Ron Thiessen, president of Pebble’s parent company, Northern Dynasty Minerals, said in a statement last week that the filing is “surprisingly short-sighted” and legally flawed.

The filing makes arguments that a “pro-business Republican administration” has perhaps never made, including that the EPA can block a potentially major revenue-generating project without a comprehensive cost impact analysis, he said.

“The brief reads like it was written by an Obama/Biden/Anti-mining/Anti-oil/Anti-development coalition. Unfortunately, these arguments can be cited repeatedly by the next Democratic administration as it seeks to unravel this administration’s laudable progress in moving forward so many new energy/mining/development projects,” Thiessen said.

The Pebble Project hit a major roadblock under the first Trump administration, when the U.S. Army Corps of Engineers in 2020 rejected a permit for the mine.

The Corps in 2024, under former President Joe Biden, also rejected Pebble’s appeal, citing the EPA’s veto as the “controlling factor.”

Pebble is also suing over the permit denial. That matter is on hold while the case against the EPA veto proceeds.

Thiessen said Northern Dynasty looks forward to responding to the federal government’s filing.

“Our strategy has always been grounded in a solid legal case that this veto was illegal, and a high level of confidence that the court will agree with us. This DOJ brief makes many arguments that we have seen before and that directly contradict the findings of the final environmental impact statement (completed by the Corps). The flaws in this brief only increase that confidence,” Thiessen said.

Thiessen said the developers will “continue to explore” a settlement with the EPA.

Last summer, the sides failed to reach an agreement, generating praise from conservation groups pleased with the Trump administration’s position.

Mary Catharine Martin, a spokeswoman with conservation group SalmonState, said on Wednesday that the Trump administration’s defense of the EPA veto is significant.

“Bristol Bay has world-class sockeye salmon runs, and it drives $2.2 billion in economic activity every year. Pebble would pose unacceptable risks to one of America’s most valuable fisheries and the 15,000 jobs and many people that depend on it. So this makes clear that the Trump administration understands that and understands that Bristol Bay is really a special place,” Martin said.

She said that the court filing points out that the veto did not prohibit mining of the Pebble deposit, but it did prevent Pebble Limited from doing exactly what it has proposed there.

She said conservation groups support an act before the Legislature, the Bristol Bay Forever Act, which would prohibit metallic sulfide mining in the Bristol Bay fisheries reserve.

John Shively, chief executive of Pebble Partnership, said in a statement that the project would impact a relatively tiny amount of land in a huge watershed.

“The notion that this will permanently harm the salmon fishery defies common sense,” Shively said.

“This effort to lock up more than 200,000 acres of state-owned land, specifically designated for potential mineral development, is a textbook example of Washington, D.C. bureaucrats and special interests imposing their will on Alaska,” Shively added.

Other parties to the case, on the side of Pebble, include the state of Alaska and an Alaska Native village corporation, Iliamna Natives Ltd.

Trout Unlimited and Bristol Bay Native Association, representing 31 Alaska Native tribes in the region, are also parties in the case, on the side of the federal government.

Source: Anchorage Daily News

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 1,840 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.

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