Articles filed under Legal from Europe

Two Norway wind farms lose licence in landmark ruling over indigenous rights

The supreme court case centred on whether the construction of turbines at Storheia and Roan in the Fosen region of central Norway, part of a $1.3 billion development that is Europe's largest onshore wind farm, had interfered with Sami herders' cultural rights under international conventions. "A grand chamber of the supreme court unanimously found an interference with this right, and ruled the wind power licence and the expropriation decision invalid," the court said in its ruling. It did not say what should happen next to the facilities, but a lawyer representing the herders said the verdict means the 151 wind turbines should be dismantled.
11 Oct 2021

Licence for wind power development on Fosen ruled invalid as the construction interferes with Sami reindeer herders' right to enjoy their own culture

The case concerned the question of whether the development of Storheia and Roan wind turbines at Fosen violates the reindeer herding Sami's right to cultural practice according to the UN Convention on Civil and Political Rights (SP) Article 27. The Supreme Court unanimously ruled that the rights have been violated, and that the decisions are invalid. For this reason, the discretion to determine compensation for the intervention was refused.
11 Oct 2021

French court orders 'historic' demolition of seven wind turbines

Ms Villey-Migraine said: “They are on top of a mountain, in a region with protected species including golden eagles. 'One young eagle was killed by a turbine and the death of a cinereous vulture led to an order for the turbines to turn only at night'. "There are also restrictions due to bats. Other turbines on the mountains threaten protected species, but these were the only ones we could challenge in the courts over the building permit.”
1 Apr 2021

Failure for wind industry: ECJ strengthens bird protection

"The judgment does not help us as an industry," said Wolfram Axthelm managing director of the German Wind Energy Association (BWE) to the Handelsblatt. The challenge remains of balancing the protection of the individual birds and the protection of the population. The ball is now with the legislature in Germany. "The Environment Ministers' Conference has taken up the topic and must now come to results as quickly as possible," said Axthelm.
4 Mar 2021

Sámi reindeer herders file lawsuit against Norway windfarm

NORWAY -- The Sámi herders from Nordland county are accusing the Øyfjellet windfarm constructors of breaking licensing agreements which stipulated that construction would not interfere with reindeer migration paths. This is not the first such lawsuit in Norway. In the past five years Sámi communities have begun legal actions against the country’s largest onshore windfarms and have appealed to the UN, arguing that the farms violate their territorial and cultural rights.
18 Jan 2021

EPA considers legal action over damage from wind farm landslide

The Environmental Protection Agency (EPA) has said it is considering legal action against those responsible for a landslide at the construction site of a new wind farm. Last November’s slide at Meenbog in Co Donegal brought thousands of tonnes of peat and trees down the hillside and into the River Finn. ...Invis Energy, owners of the turbines which are being built to supply energy to Amazon data centres, declined to comment. 
30 Dec 2020

EPA considers legal action over damage from wind farm landslide

The Environmental Protection Agency (EPA) has said it is considering legal action against those responsible for a landslide at the construction site of a new wind farm. Last November’s slide at Meenbog in Co Donegal brought thousands of tonnes of peat and trees down the hillside and into the River Finn. ...Invis Energy, owners of the turbines which are being built to supply energy to Amazon data centres, declined to comment. 
30 Dec 2020

Objector to wind-farm development brings legal challenge

The board has yet to decide whether or not to grant permission and the case is over its decision to categorise it as a strategic infrastructural development. The challenge is by Paddy Massey, chairman of a local residents group that opposes the proposed development involving a total of 17 turbines on the two sites.
25 Jul 2020

Is there hope for CS Wind?

But Pat Rafferty, Scottish secretary of the union Unite, said: ‘The fact that an injunction has been taken out against the company to prevent it from asset stripping equipment is unheard of and highlights the major concerns which governmental bodies hold regarding the intentions of CS Wind. ‘The factory should be one of the crown jewels in Scotland’s renewables industry as it manufactures onshore and offshore wind turbines, but it has been lying idle for months now.
13 Mar 2020

Siblings who became ill next to wind farm settle case

The Kellehers claimed they started experiencing health problems in and around their family farm from May 2016 and had to move out of their home in November 2016. ...They claimed their symptoms eased after they moved away but returned if they spent any time attending at or assisting on the family farm. The defendants denied the claims, denied any breach of constitutional rights and said the wind farm was operated in a lawful manner.
26 Feb 2020

Ireland pays €5m fine over Derrybrien wind farm failure

These sanctions, amounting to €105,000 every week, will not be lifted until the ESB completes a retrospective environmental impact assessment at the development. The ECJ ruling said the breaches of environmental standards were a matter of "indisputable seriousness". The court said the Irish response had been delayed, insufficient and unjustified.
5 Feb 2020

Court orders Waterford wind farm must be put on 'standby mode'

On Friday, Mr Justice Simons said the developer was precluded by law from re-agitating the argument that the as built turbines are authorised by a 2011 planning permission. The developer had a full opportunity to make its case before the board and it did not challenge the decision they were not exempt under Section 5 of the Planning and Development Act 2000, he said. The developer could not, therefore, reopen the board’s findings in the High Court proceedings. 
6 Dec 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund. ..."they were proffered as a general inducement to the Council to grant planning permission and constituted a method of seeking to buy the permission sought, in breach of the principle that planning permission cannot be bought or sold." 
20 Nov 2019

https://www.windaction.org/posts?location=Europe&topic=Legal&type=Article
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