Today is the day for oral arguments in our case. ICYMI Deantha Skibinski’s new op-ed in @RealClearEnergy lays out why Alaska copper is essential to America’s AI future, critical minerals strategy, and long-term competitiveness. #PebbleProject#CriticalMinerals#AI#Alaska https://t.co/7N5SGnhBJM
Esta es la tapa de hoy de L'Equipe, el diario deportivo más importante del mundo.
El desastre organizativo de Donald Trump y el títere Infantino es de lo que habla todo el mundo.
Gorilla seen contemplating life after dispute with mate
Kiyomasa, a western lowland gorilla at a zoo in Japan, was filmed sitting quietly and appearing deep in thought after a reported disagreement with his mate
Gianni Infantino knocked down all the reporting over visa concerns for this World Cup in August 2025: “I think it’s important to clarify this. There is a lot of misconception out there. Everyone will be welcome in Canada, Mexico and the United States for the FIFA World Cup next year.
“There is a process to go through to get visas and so on. This process will be smooth…
“We want to unite the world and we will unite the world next year. The world needs occasions of unity, of bringing teams together, of bringing people together, of bringing fans together... So again everyone will be welcome, be positive and you will see it will be a great, great celebration of the greatest FIFA World Cup ever.”
No, again we are just meant to look the other way and allow this thing we love so much, that we want to enjoy, that we can map our whole lives around, to be used and abused.
Again we are told about unity and inclusion when division, disparity and denial is the reality.
It is a great, great celebration of getting more money whatever it takes, no matter who has to pay the price. The greatest showpiece of allowing - unopposed! - the man who is meant to protect and grow the people’s game into playing celebrity, massaging his own ego and that of heads of state.
The biggest, most expensive, least accessible World Cup ever. The thing we love and all the beautiful pieces of it we’ve lost.
What an absolute disgrace. A FIFA-certified referee being denied entry to the United States purely because he is Somali.
The World Cup is meant to bring people together. This is racism, plain and simple. Shameful.
https://t.co/rpSgTmmPU4
South Africa, Germany and other recent #WorldCup hosts were forced by FIFA to promise all accredited officials, players and staff would be guaranteed visas and minimal immigration interference for the tournament duration.
Why is the United States exempt from that @FIFAcom?
@AaronBastani America have tarnished the tournament before a ball has been kicked or a whistle blown. If this is how they treat the professional footballers/staff and Referees imagine how they will treat the fans. What a disaster to give MAGA America the World Cup!
US troops are not in Germany to protect Germany. They’re there because the US needs bases to conduct operations beyond the North American continent. If Trump withdraws them, he will harm the United States, not Germany.
It’s absurd how many Americans fail to grasp this.
🏔️ NAK Nation — The Briefs Are In. Here Is What You Need To Know. 🏔️
As we all know, Northern Dynasty and Pebble Limited Partnership filed their reply brief in case 3:24-cv-59 before Judge Sharon Gleason in the US District Court for the District of Alaska yesterday (April 14).
The State of Alaska and the Iliamna Natives Ltd and Alaska Peninsula Corp also filed their reply briefs. The briefing record is now complete. Judge Gleason can rule at any time.
I am not a lawyer. This is not legal advice.
I've been reading the briefing over the past several hours and I wanted to share my thoughts with NAK Nation as soon as possible. With that said here is my honest assessment of what these briefs contain and why they matter.
The Opening Line Says Everything
Northern Dynasty's brief opens with this question directed at the EPA.
"What devastating harm justifies destroying an over one billion dollar investment and depriving the nation of 800 billion dollars worth of its mineral wealth?"
That is not a gentle introduction. That is a direct challenge. And the brief spends 76 pages answering it with documented evidence from the EPA's own administrative record.
The EPA Has Been Retreating From Its Own Arguments
The most important theme running through Northern Dynasty's brief is a pattern that repeats throughout every section. PLP identifies a specific factual claim the EPA made in the veto. Documents that the claim is irrational or directly contradicted by the Final Environmental Impact Statement. Then shows that when challenged in court the EPA retreated from or disavowed that very claim.
When an agency cannot defend in court the findings on which it based its decision that is the textbook definition of arbitrary and capricious agency action under the Administrative Procedure Act.
The FEIS Is The Gold Standard And The EPA Ignored It
The 5000 plus page Final Environmental Impact Statement was prepared by AECOM an independent and highly experienced consulting firm. It is the most comprehensive scientific analysis of the Pebble Mine project ever conducted.
The FEIS found the 2020 Mine Plan will have no measurable impact on Bristol Bay fish populations. The EPA left that conclusion undisturbed in the veto. Yet the EPA simultaneously counted the preservation of the Bristol Bay fishery as a benefit of issuing the veto.
You cannot simultaneously find no measurable impact on Bristol Bay fish populations and count the preservation of Bristol Bay fish populations as a benefit of your decision. That is internally contradictory on its face. Northern Dynasty documented this with specific administrative record citations. The EPA has no response.
The 27 Coho Argument
This is the most memorable argument in the brief and I want to make sure NAK Nation understands it clearly.
Only 27 salmon have been observed spawning in the only reach that would be affected. From only one species. In one reach.
The EPA's position in litigation reduces to this. Any tiny stream with any single salmon must be preserved because that salmon is likely to have some genetic diversity and under EPA's portfolio theory every theoretical iota of genetic diversity must be preserved. No matter the cost.
Northern Dynasty documents that those 27 salmon might disappear naturally in any given year. Commercial fishers take 1000 times as many from the Nushagak District every year. The FEIS concluded the impacts would not be measurable and would fall within the range of natural variability. The EPA agreed with that finding. Then disregarded it anyway.
The EPA is preserving 27 salmon at the cost of 800 billion dollars of national mineral wealth. And when challenged in court the EPA's response was that the number of salmon in a stream does not matter.
The EPA Did Not Even Count Gold
Northern Dynasty documents that the EPA's economic analysis did not count gold production at all. The Pebble deposit contains tens of millions of ounces of gold. Omitting gold from an economic analysis of the Pebble Mine is not a minor technical error. It is a fundamental failure that renders the cost benefit analysis irrational on its face.
The EPA Applied The Wrong Legal Standard
Section 404c of the Clean Water Act authorizes a veto only if a discharge will have an unacceptable adverse effect. Not might. Not may. Will.
Northern Dynasty documents that the EPA used the word could throughout the veto rather than will. Could is the language of hypothesis and possibility not certainty. Under the Supreme Court's Loper Bright decision from 2024 Judge Gleason must independently determine what the statute requires. The EPA cannot claim deference for its interpretation. And the best interpretation of will is not reasonably likely. It is reasonable certainty.
The EPA Understated Pebble's Copper Contribution
The EPA admitted it understated what Pebble would contribute to US copper supply. The correct figure is double or triple what the veto said. The EPA called this error insignificant.
Northern Dynasty's response is precise and powerful. The EPA regards the putative loss of 0.01 percent of the Bristol Bay Coho population as catastrophic. But a contribution to US copper supply two orders of magnitude larger than that as no big deal. That is not a reasonable balancing of costs and benefits. That is an agency that had already decided the answer and worked backwards.
The State of Alaska Brief
The State of Alaska filed its own separate brief making six independent legal arguments. The strongest is this. The EPA drew its defined area around land not water. Section 404c only authorizes EPA to act within waters of the United States. The EPA never established which specific water features within its 309 square mile defined area were actually jurisdictional waters. It simply assumed they were.
The EPA admitted this in its own brief. The State of Alaska used that admission directly against it.
The State also argued that the Alaska Statehood Act uses the word shall in conveying mineral rights to the state. Shall is mandatory under settled Supreme Court precedent. The federal government made a binding promise to Alaska at statehood. The EPA cannot override that promise without clear congressional authorization it does not have.
The Native Corporations Brief
Iliamna Natives Ltd and Alaska Peninsula Corp represented by the Pacific Legal Foundation argued that Section 404c is unconstitutional under the nondelegation doctrine. The federal defendants admitted in their own brief that the EPA Administrator has unfettered discretion to decide whether to issue a veto or do nothing. No intelligible principle guides that choice. Under the Supreme Court's own precedent from Panama Refining Co v Ryan that is an unconstitutional delegation of legislative power.
What Happens Next
Judge Gleason now has everything she needs to rule. She can rule at any time. There is no required waiting period. Her ruling could come in days weeks or months. That uncertainty is real and your investment thesis should account for it.
What I can tell you is this. The complete plaintiff coalition has presented Judge Gleason with a comprehensive and multi-layered legal challenge that gives her multiple independent paths to vacate the veto without ever reaching disputed scientific questions. She can decide this case on statutory text and documented administrative record failures alone.
The briefing record is STRONG. The EPA's documented retreats from its own stated rationales in litigation are particularly damaging to the government's position.
The destination remains the same. The world's largest undeveloped copper deposit. 57 billion pounds of copper. 71 million ounces of gold. On Alaska state land. Blocked by a veto that multiple plaintiffs have documented as unlawful on multiple independent grounds.
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NioCorp $NB: A Potential 100% Offtake Agreement Coming Into View
@NioCorp announced a non-binding term sheet with Traxys North America that could position Elk Creek to place the entirety of its planned critical minerals output under offtake arrangements for the first 10 years of operations.
Key points:
• Full commercial coverage: Combined with existing agreements, NioCorp could have all planned production under offtake arrangements for the first decade of operations
• Financing catalyst: Management states a definitive Traxys agreement could address a key remaining due diligence item in EXIM’s review of $NB's proposed debt financing package
• Strategic upside: The term sheet also includes a potential equity investment by Traxys of up to $30 million
• Critical minerals exposure: Elk Creek is expected to supply niobium, scandium, titanium, and potential rare earth products into U.S. and allied markets
Read the full announcement: https://t.co/9wlpbhn6fD
$NB $MP $ARA $ILU $PPTA $TECK $KGC $USGO $NG $THM $WRN $HL $GPH $NST $FVL $CTGO