Swedish law firms have called for changes to regulatory frameworks to ensure greater certainty around permitting of wind projects in the country.
More than 10 law firms have written a joint open letter, published by the Swedish wind association, Svensk Vindenergi, requesting wind projects to be “put on an equal footing” with other developments also subject to permits in order to comply with the principles of legal certainty.
“We urge the government to urgently change the municipal veto,” write lawyers from 13 different law firms in a joint appeal, after a recent ruling where the permit application for Statkraft’s Tribbhult wind farm was rejected by the Land and Environment Court of Appeal.
The judgment followed the municipality withdrawing its previous approval for the up to 16-turbine wind farm, with the court therefore judging permission could not be granted.
“The fact that a municipality is allowed to change its mind at any stage of the permit process means complete unpredictability.
“If the review is to be legally certain, predictable and effective, the regulatory framework must be changed,” the lawyers’ letter stated.
Furthermore, the veto is “incompatible with the principles of objectivity and objectivity that are central to licensing and all other exercise of public authority”.
The letter stated: “We urge the government to urgently change the municipal veto.
“A broad majority in the Riksdag supports the climate policy framework and Sweden’s climate goals.
“We hope that the same Riksdag majority will support the fact that the examination of wind power, and other activities subject to permits, should be predictable and follow the usual principles of legal certainty.”