When the Supreme Court recently made its historic decision, that the wind farms in Åfjord municipality were built illegally, rang the bells of the Sami in Nordland, and their lawyer.
They are in no doubt, as they are fighting for an almost identical cause.
In the Vesterfjellene in Vefsn municipality in Nordland, a wind farm is under construction. In the middle of the reindeer’s dish, the Sami believe.
– We hope we get our mountains back, without these monster turbines, say the southern Sami Torstein Appfjell and Ole Henrik Kappfjell.
– NOT SURPRISED: – The verdict in the Supreme Court is not unexpected. We have been waiting for it for a long time, say the reindeer owners Ole Henrik Kappfjell and Torstein Appjfell. Photo: Roy-Arne Salater / TV 2
–
Both reindeer herding Sami can look out over a solid road network built in the middle of the reindeer’s territory. The two say that this was more extensive than many had thought.
– Where the barracks rig is located, is in the middle of the step up to our winter pasture, Appfjell explains.
Requires immediate stop
They have hired their own lawyer to fight their case, and he is clear on what should happen now.
– STOPPING IMMEDIATELY: Sørsamene’s lawyer Pål G. Gudesen believes the ruling in the Supreme Court entails a stoppage in another wind farm. Photo: CF-WESENBERG
–
– The development must be stopped immediately pending a legal clarification. The reindeer owners have for a long time believed that the Øyfjell facility is in conflict with indigenous peoples’ protection, says lawyer Pål Gudesen at Dalan law firm.
Gudesen represents the reindeer husbandry groups on the Vesterfjellene in Nordland. He claims that the Supreme Court ruling confirms the views of the Southern Sami.
– The wind farm in Nordland is destroying the traditional winter grazing, just as it has been proven that it does in the two facilities in Trøndelag, which is now considered to be illegally set up, the lawyer believes.
Cultural practice not possible
There were probably few who had expected the Supreme Court to make its historic decision. The Sami reindeer herding groups had lost in the Court of Appeal, but the Supreme Court ruled that winter grazing for the reindeer was to be regarded as lost.
– DEMONSTRANTS STOP ACTIVITY: The road network has become quite gigantic, according to the reindeer herding Sami, who fear for their own existence. Photo: Tage Vedal
–
Høyfjellet on Storheia and Haraheia in Trøndelag are almost carpeted with wind turbines. The 80 turbines on Storheia make the wind farm one of Europe’s largest on land.
“It is clear that reindeer husbandry is a form of protected cultural practice”, writes the Supreme Court in its decision.
The Supreme Court in the Grand Chamber (11 judges) unanimously concluded that the rights of the reindeer husbandry Sami have been violated, and that the decisions on the license and expropriation permit are therefore invalid.
– The Ministry of Petroleum and Energy should now stop further development in the Vesterfjellene, and look more closely at its case processing. There are, in fact, major shortcomings in it, claims lawyer Gudesen.
He believes that chances have been taken along the way, because neither the authorities nor the developer have wanted to wait for the question of validity to be decided in court, and now the punishment for it is coming.
– BACK TO STARTING POINT: The reindeer owners want to return to nature as it was. Photo: Tage Vedal
–
In the Oslo District Court, they lost the case on a temporary injunction, ie that the work is stopped until the question of legality has been decided.
Helgeland District Court will hear the case next year. Then the damage may have already happened, and you end up in the same situation as in Trøndelag, Gudesen fears.
– The ministry should review as soon as possible, because the authorities can not ignore the Supreme Court.
The Minister will meet the Sami
The Ministry of Petroleum and Energy has already had a meeting with the developer of the wind turbines in Trøndelag, Fosen Vind DA.
The new Minister of Petroleum and Energy Marte Mjøs Persen (Labor Party) cannot promise that the ruling will have consequences for the development of the wind power plant on Øyfjellet in Nordland.
– MINISTER OF OIL AND ENERGY: Marte Mjøs Persen. Photo: Robert Reinlund / TV 2
–
– It is simply too early to say whether the Supreme Court ruling will have consequences, I will go into more detail in the specific case that the Supreme Court ruled on and find out what consequences it may have, if there are more cases that may be affected, says Mjøs Persen.
– Is it relevant to demolish the wind power plants in Trøndelag, now that the Supreme Court has said that they are illegal?
– It is impossible to conclude in advance, it is important for me to start a good dialogue so that we can find out how we solve this.
The Minister says that she has arranged a meeting with various reindeer husbandry owners.
– The most important obligation the state has here is to secure the rights of indigenous peoples, and then we must ensure that there is a good process in the future, so that we may achieve a coexistence in a good way.
– Two different cases
The Swedish developer in Nordland, Eoulus Wind AB, writes in a reply that they will not comment on judgments that affect projects other than their own.
«Each project is unique and thus parallels cannot be drawn automatically between different licenses. We relate to the license that has been granted for our project and the MTA plan that is available after thorough and long processes ».
Mayor of Vefsn, Berit Hundåla (Sp) also believes that it is too late to turn around.
– There are two different cases. The area in Fosen that has been seized for wind production is probably one of the most important winter grazing areas and districts down there. The areas here in the Vesterfjellene are first and foremost a guide to and from summer to winter grazing, says Hundåla.
– HERE COME THE TURBINES: – It’s too late to turn around. The development will be completed in a month, says Berit Hundåla, mayor of Vefsn Photo: Roy-Arne Salater / TV 2
–
She is a sheep farmer herself and has for several years had her animals in the area where wind turbines are now being built. Hundåla admits that she was against the development when the proposals came, but when she became mayor she chose to follow the political majority in the city council and democracy.
She has accepted the defeat and goes “further in the world”.
– Yes, I was against and thought that it was too much intervention in nature. What I see now is that our animals work quite well up in the mountain areas. They actually lie in the shade of the wind turbines and do not really care about them. The area was also better than I had thought, says Hundåla.
– Too late to turn around
It is only a month until the plant for four and a half billion is to be put into operation, and it would be unthinkable to stop this now, the mayor believes.
– All of the turbines and roads are in place, so it is too late to turn around. We also know that there are challenges for the reindeer grazing industry, and I think that these challenges can be solved with good agreements. I hope that we get a good agreement between the reindeer owners and the developers, she says.
– TERRAIN COVERED WITH WIND TURBINES: Storheia with its 80 turbines is considered one of Europe’s largest wind power plants. Photo: Frank Lervik / TV 2
–
Torstein Appfjell and Ole Henrik Kappfjell are in no doubt. The wind farm must be stopped.
– It’s never too late to turn around. We must get our mountains back so that we can preserve the traditional reindeer husbandry.
The 72 turbines that will eventually stand when the plant in Vefsn municipality is completed, disrupt the so-called relocation lease to the reindeer herds, the two believe.
– The total intervention in the grazing land will be too large, and the wind farm will close the access to winter grazing, Appfjell says.
– We hope that one day we can get the mountain back as it was.
–
