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Procès

The City Council of Kuusamo lawsuit (re wind farm project, Finland)

Statut : ONGOING

Date de dépôt de la plainte
1 Jan 2020
Exactitude de la date
Année correcte
Inconnu
NGO, Groupe de défense de l'environnement
Lieu de dépôt de la plainte: Finlande
Lieu de l'incident: Finlande
Type de litige: National

Entreprises

EPV Energia Oy Finlande Énergie solaire, Énergie renouvelable, Energie éolienne

Against other:

Government

Sources

Snapshot: The Maaninka (also known as Nuunajärvi) wind farm project by EPV Tuulivoima Oy aimed to build 54 turbines in Kuusamo, Finland, on reindeer herding lands near protected natural areas. The City Council of Kuusamo approved the project in March 2019, but the decision was appealed by the Tolva Reindeer Herding Cooperative and the Tourism Association of Posio. Although an environmental impact assessment identified significant risks to reindeer herding, and the developer conducted consultations and offered compensation, the courts found these measures insufficient. They ruled that the project failed to meet legal obligations under national and regional planning laws to safeguard traditional livelihoods. The Northern Finland Administrative Court annulled the approval in April 2021, and the Supreme Administrative Court upheld that decision in January 2022.

On 18 March 2019, the City Council of Kuusamo approved the Maaninka (Nuunajärvi) wind power plan, allowing the construction of 54 wind turbines in an area used for reindeer herding and located near protected natural areas, including Riisitunturi National Park in neighbouring Posio.

In response, two associations filed appeals: The Tolva Reindeer Herding Cooperative (Tolvan paliskunta) argued the project would severely disrupt reindeer herding, interfere with natural migration routes, and lead to the permanent loss of grazing and calving areas.
The Tourism Association of Posio (Posion Matkailuyhdistys ry) claimed the wind farm would harm natural landscapes, reduce the attractiveness of the national park, and negatively affect the tourism economy in Posio and businesses.

On 26 April 2021, the Administrative Court of Northern Finland (Pohjois-Suomen hallinto-oikeus) annulled the city’s decision. The court found that the plan violated legal requirements under the Land Use and Building Act (MRL), the Reindeer Husbandry Act, and the regional land use plan, which explicitly required safeguarding traditional livelihoods in designated zones. The court also accepted the tourism-related concerns, ruling that the landscape and tourism impacts were insufficiently assessed and mitigated.

The City of Kuusamo appealed, arguing that The Tourism Association of Posio lacked standing, as it was based in a neighbouring municipality and that the impacts on reindeer herding were not significant enough to justify annulment.

On 17 January 2022, the Supreme Administrative Court of Finland (KHO) upheld the annulment of the plan. It found that the project would significantly harm reindeer herding and that these adverse effects could not be materially mitigated. Therefore, the project violated both national land use law and the binding regional planning requirements. The Court also emphasised that such violations undermined broader legal principles, including those enshrined in Section 20 of the Finnish Constitution, which guarantees the right to a healthy environment and participation in decisions affecting one’s living environment. The Court rejected the appeal by the Tourism Association of Posio, ruling it lacked legal standing as the project’s effects were too indirect and geographically remote to justify its involvement.