Item 1. Legal Proceedings
Item
1. Legal Proceedings
Other
than as described below, neither the Company nor its property is the subject of any current, pending, or threatened legal proceedings.
The Company is not aware of any other legal proceedings in which any director, officer or affiliate of the Company, any owner of record
or beneficially of more than 5% of any class of the Company’s voting securities, or any associate of any such director, officer,
affiliate or security holder of the Company, is a party adverse to the Company or any of its subsidiaries or has a material interest
adverse to the Company or any of its subsidiaries.
On
July 28, 2021, a lawsuit was filed in the US District Court for the District of Idaho brought by Crescent Mining, LLC (“Crescent”).
The named defendants include Placer Mining, Robert Hopper Jr., and the Company. The lawsuit alleges that Placer Mining and Robert Hopper
Jr. intentionally flooded the Crescent Mine during the period from 1991 and 1994, and that the Company is jointly and severally
liable with the other defendants for unspecified past and future costs associated with the presence of AMD in the Crescent Mine. The
plaintiff has requested unspecified damages. On September 20, 2021, the Company filed a motion to dismiss Crescent’s claims against
it, contending that such claims are facially deficient. On March 2, 2022, Chief US District Court Judge, David C. Nye granted
in part and denied in part the Company’s motion to dismiss. The court granted the Company’s motion to dismiss Crescent’s
Cost Recovery claim under CERCLA Section 107(a), Declaratory Judgment, Tortious Interference, Trespass, Nuisance and Negligence claims.
These claims were dismissed without prejudice. The court denied the motion to dismiss filed by Placer Mining Corp. for Crescent’s
trespass, nuisance and negligence claims. Crescent later filed it amended complaint on April 1, 2022. Placer Mining
Corp. and Bunker Hill Mining Corp are named as co-defendants. Bunker Hill and Placer have until May 20, 2022 to respond to the amended
filing. The Company believes Crescent Mining LLC’s lawsuit against Placer Mining Corp. is without merit
and intends to defend Placer Mining Corp. vigorously pursuant to the Company’s indemnification of Placer Mining Corp
in the Sale and Purchase agreement executed between the companies for the Mine on December 15, 2021.
On October 26,
2021, the Company asserted claims against Crescent in a separate lawsuit. Bunker Hill Mining Corporation v. Venzee Technologies
Inc. et al, Case No. 2:21-cv-209-REP, filed in the same court on May 14, 2021. The Company has subsequently executed a tolling agreement
with Venzee in exchange for dropping its lawsuit. The Company originally filed this lawsuit on May 14, 2021 against other parties
but has since filed an amended complaint to include its claims against Crescent.
Item
1A. Risk Factors
There
have been no changes to our risk factors as reported in our annual report on Form 10-K for the year ended December 31, 2021.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.