As of October 2010, Duke Nukem: Critical Mass has been cancelled due to the fact that Gearbox Software owns the franchise. Instead Frontline Studios is still developing the game and it will be released under the name Extraction Point: Alien Shootout.
However as of March 23, 2011 Apogee software announced that they never actually lost the license to the duke nukem name and that they would release "Duke Nukem: Critical Mass" for the Nintendo DS in mid April of 2011, in the European markets. It was later released in North America in June of 2011, and in Australia in July of 2011.
The source code of the unreleased PSP game was discovered in 2014 to be preserved at the Library of Congress.