ESA considers legal action against Norway over Førdefjord ruling

The EFTA Surveillance Authority (ESA) is considering filing a formal lawsuit against Norway regarding the dumping of mining waste in the Førdefjord. Although Norway’s Supreme Court ruled on 17 June that the discharge permit was invalid, the government has allowed mining operations and seabed dumping to continue, prompting serious concern from ESA.

Supreme Court ruling and government response

On 17 June, the Supreme Court ruled that the government’s permit for discharging mining waste into the Førdefjord violated the EU Water Framework Directive. The court found that the government was not entitled to apply the directive’s exemption clause, which requires that a project serve a significant public interest sufficient to offset the environmental damage.

Following the ruling, ESA asked the Norwegian government to clarify four key issues, including why Nordic Mining is still allowed to dump waste into the fjord and what legal basis underpins this. Last Friday, the Ministry of Climate and Environment submitted its formal reply to ESA.

Climate and Environment Minister Andreas Bjelland Eriksen stated in the response: “As a main rule, the party that has been granted a permit may, in principle, continue to act in accordance with it after it has been declared invalid, until the administration has reconsidered the case, provided that the case can be processed relatively quickly.” He added that the government is now conducting a full assessment, including whether to amend or revoke the decision.

ESA’s position and potential consequences

ESA Head of Communications Jarle Hetland said: “We will now review the government’s reply and make an assessment. The next step depends on whether we wish to pursue the case further.”

If ESA decides to initiate formal proceedings, the case could eventually end up before the EFTA Court. Hetland emphasised: “If we consider it necessary to bring a formal case against Norway, it could lead to litigation before the EFTA Court, and Norway would then have to comply with the court’s ruling.”

Key points of contention

Nordic Mining has been granted permission to dump 250 million tonnes of mining waste into the Førdefjord. Environmental organisations point out that such a large-scale discharge would suffocate all life on the fjord bed and destroy the ecosystem.

The core issue is the implementation of the EU Water Framework Directive. Under the directive, EEA countries must prevent deterioration of water quality, and exemptions are only allowed under very strict conditions. ESA has previously noted that both the Førdefjord and Repparfjord projects are expected to worsen the ecological status of the affected water bodies.

At the same time, Norwegian environmental groups Naturvernforbundet and Natur og Ungdom have sent a letter to Prime Minister Jonas Gahr Støre demanding an immediate halt to the dumping of mining waste in the Førdefjord.