Two Norwegian wind farms lose their licenses in landmark decision on indigenous rights
OSLO, Oct. 11 (Reuters) – Norway‘s Supreme Court on Monday stripped two wind farms of their operating licenses in a case that could strengthen the legal rights of the country’s indigenous Sami people.
Reindeer herders in Norway argue that the sight and sound of wind turbines scare away grazing animals nearby and thus endanger centuries-old traditions, and that land should not be expropriated for such projects.
The Supreme Court case centered on whether the construction of wind turbines at Storheia and Roan in the Fosen region of central Norway, which is part of a $ 1.3 billion development that is the largest onshore wind farm in Europe, had hampered the cultural rights of Sami pastoralists under international conventions.
“A large chamber of the Supreme Court has unanimously found interference with this right and declared invalid the wind energy license and the expropriation decision,” the court said in its decision.
He did not say what should happen next to the facilities, but a lawyer representing the ranchers said the verdict means the 151 wind turbines should be dismantled.
“Our point of departure is that these two wind farms are illegal and must be destroyed,” Knut Helge Hurum of law firm Fend told Reuters.
“We are awaiting the contact of the owners of the wind farm to see what they have to say on this subject.”
Fosen Vind developed both sites and remains the primary owner of Storheia. Fosen Vind is owned by Statkraft (STATKF.UL), TroenderEnergi (TROEN.UL) and Nordic Wind Power DA, a consortium of Energy Infrastructure Partners and the Swiss electricity company BKW (BKWB.S).
The court’s decision came as a surprise, Fosen Vind said in a statement, adding that he would wait for a response from the Energy Ministry before making any further comments.
The ministry said it was studying the verdict.
“We will have to come back to how this matter should be handled,” said a spokesperson for the Energy Ministry.
The verdict could affect other projects as well, said Hurum of law firm Fend.
“This will have a huge impact on further developments in the Sami reindeer area. It is certainly relevant for other wind farms, but also for mines and other large development projects, eg highways,” did he declare.
The Roan wind farm is now a separate company, Roan Vind, owned by TroenderEnergi (TROEN.UL), Stadtwerke Muenchen and Nordic Wind Power.
($ 1 = 8.5450 Norwegian crowns)
Reporting by Terje Solsvik and Nora Buli; Editing by Susan Fenton
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