Agreement Reached in the Fosen Case

The agreement signed this week puts an end to a year-long dispute on establishment of the wind farm at Storheia. The unresolved situation following the Supreme Court’s ruling in 2021 has been of great national interest, and has also characterized the discussion about the possibilities for more development of onshore wind power.

A team from Hjort consisting of lawyers Kristin Bjella, Frode Innjord and Sjur Obrestad Gabrielsen has assisted Fosen Vind DA after the verdict.

Following the verdict, the state initiated preparations for an administrative process to reassess the license. In the spring of 2023, the state then initiated a mediation process between the parties, with contributions from the state. National mediator Mats Ruland, district court judge Hanne Sofie Bjelland and reindeer husbandry owner Tom Lifjell were appointed as mediators. After many meetings, an agreement was reached on December 18, 2023.

The amicable agreement resolves a difficult issue for both the reindeer herders in Sør-Fosen sijte and Fosen Vind.

– Kristin Bjella

In its judgment of October 11, 2021, the Supreme Court ruled that the licensing and expropriation decisions for the wind power plant at Storheia were invalid. According to the Supreme Court, the decisions violated the UN Covenant on Civil and Political Rights (ICCPR) Art. 27 of the UN Covenant on Civil and Political Rights (ICCPR), which protects the right of minorities to practice their culture.

– It clearly follows from human rights law that a violation can be repaired with a mediated solution, and this is what we can now see has been achieved. With this agreement, both the parties and the state have confirmed that they believe the human rights violation has been repaired, says Bjella.

The content of the agreement in brief

The state undertakes to carry out a process that will allow Sør-Fosen sijte to use an additional area outside Fosen until 2045. The Sijte is also given the right to co-determine what will happen to Storheia after the license period has expired.
The agreement also provides Sør-Fosen sijte with significant compensation of NOK 7 million a year throughout the concession period. The compensation will cover operational disadvantages resulting from the establishment of the wind farm, measures that can ensure that Sør-Fosen sijte can use winter grazing outside the Fosen reindeer grazing district, and other measures to promote Sámi reindeer husbandry and cultural practice in a generational perspective.

Through these measures, the agreement ensures an end to a difficult and long-standing dispute about violations of the human rights convention for this group.

Sør-Fosen sijte, Fosen Vind and Energy Minister Terje Aasland have all expressed their satisfaction with the agreement, and that it provides predictability going forward.

– We at Hjort wholeheartedly endorse this, and are both grateful and happy that we have been allowed to help resolve this matter, says Kristin Bjella.