Greenpeace Nordic Association and Nature and Youth v. Ministry of Petroleum and Energy

Case No. 18-060499ASD-BORG/03 (2020)

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Greenpeace Nordic Association and Nature and Youth v. Ministry of Petroleum and Energy

Norway Borgarting Court of Appeal
Case No. 18-060499ASD-BORG/03 (2020)

Facts

In 2016, the Greenpeace Nordic Association and other environmental-advocacy groups (collectively, the advocates) (plaintiffs) brought an action in Norwegian court against Norway’s Ministry of Petroleum and Energy (the ministry) (defendant). The advocates sought a declaratory judgment that the ministry had violated Norway’s constitution by issuing licenses to extract oil and gas from sites in the Barents Sea. Article 112 of the constitution protected the right to a productive and diverse natural environment and an environment conducive to health. The advocates asserted the licensing decision violated Article 112 because the oil and gas extraction pursuant to the licenses would cause environmental harm and contribute to climate change. The Oslo District Court rejected the advocates’ challenge and ruled in the ministry’s favor. The advocates appealed to the Borgarting Court of Appeal.

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Issue

Holding and Reasoning ()

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