It has long been stated that Norway is well-positioned to exploit large mineral deposits in the Norwegian countryside. However – and despite an increased focus on the need for self-sufficiency with respect to critical minerals – actual mining projects have been few and far between. A recent Supreme Court judgment has provided much-needed clarity about when minerals are owned by the Norwegian State and when ownership rests with the landowner.
On 12 December 2023, the European Parliament voted to adopt a new EU regulation, The Critical Raw Materials Act, which aims to ensure a sustainable and secure supply of critical raw materials (CRMs) within the EU. The act will enter into force in the beginning of 2024.
Foyen has successfully represented Eolus in the Land and Environment Court regarding the construction of a solar park with a total capacity of 2 MW in the municipality of Båstad.
On 16 March 2023, the EU Commission published its proposal for a new Regulation establishing a framework for ensuring a secure and sustainable supply of critical raw materials (the Regulation).
As a consequence of the Government's adoption of the Producer Responsibility for Packaging Regulation (2022:1274), extended producer responsibility for waste management of packaging will enter into force on 1 January 2023. The aim of the regulation is to reduce the amount of packaging, limit the harmful environmental impact of packaging, reduce litter, and achieve recycling targets. The regulation is aimed at ensuring that packaging waste is handled acceptably from health and environmental perspectives, and that the producers assume operational or financial responsibility for collecting and treating packaging waste.
As part of a recently issued preliminary ruling, the Court of Justice of the European Union clarified that the prohibitions regarding the impact of measures or activities on animal species as laid out in the Habitats Directive apply not only to the species as a whole but also on an individual level.