Based on an agreement reached by the parties in August 2016, as well as previous agreements, Steptoe will be due a success fee payment upon prevailing in the FACA litigation or arising from other positive outcomes. Thiessen said the firm's willingness to cap its legal fees at $1 million reflects its confidence in Pebble's FACA case.
Notwithstanding the new fee arrangement, PLP remains interested in a resolution to its impasse with EPA that forestalls litigation.
"Either way, we have every confidence that we will prevail and Pebble will ultimately move forward to initiate the Environmental Impact Statement ("EIS") process under the Clean Water Act and National Environmental Policy Act unencumbered by any extraordinary development restrictions as proposed by EPA," he said
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