Five months have passed since the Roan and Storheia onshore wind farms in the Fosen complex had their licenses rendered invalid by the Norwegian supreme court. Over the course of these five months, no real progress has been made – the turbines are still spinning, and the Sami people continue to herd reindeer around them.

Nor has there been any real clarification as to what the supreme court ruling will entail for the wind farms. It’s in no way a given that the turbines have to be dismantled, which has only stirred up the conflict between license holder Fosen Vind and the Sami people.

Since the verdict, the Norwegian Ministry of Petroleum and Energy (OED) has asked Fosen Vind and Roan Vand to present new proposals for investigating whether mitigating measures could be launched to ensure the reindeer herding near the turbines going forward. But the Sami refuse to take part in such a process.

”In the eyes of the siida [reindeer herding community, -ed.], the process comes off as a ”rematch” on questions settled by the supreme court as part of a case where OED and the owners of the wind stations were the losing parties,” the local Sami of the Nord-Fosen siida write in a letter through their lawyer to the OED, viewed by EnergyWatch.

Fosen Vind and Roan Vind have invited the Sami to dialog meetings on numerous occasions, but to no avail, given that the Sami argue that there is nothing to have a dialog on. At the same time, the Sami fear that the process will merely drag out the case.

Furthermore, the Sami levels criticism against attempts at coming up with mitigating measures on the heels of the verdict.

”The judicial process has determined that there are no relevant mitigating measures, which was also explicitly mentioned in the impact analysis from 2008. Keeping reindeer inside the wind facilities is not relevant. Fenced-in winter herding is not relevant,” the Nord-Fosen siida writes.

Roan Wind, which was made a separate company from Fosen Vind in February 2021, has submitted proposals for measures that would ensure the survival of the turbines in the complex. Among the measures are as well as possibilities of widening reindeer areas. Roan Vind suggests a research-based investigation and a technical report on reindeer herding to come up with relevant initiatives.

”Roan Vind’s proposal comes across as cynical and disrespectful towards the two siidas that have fought a long and hard battle and won in supreme court. In reality, the proposal means that verdict is completely overlooked and that a research project is launched,” writes the Nord-Fosen siida.

Fosen Vind has since attempted to set up a meeting with the Sami to discuss financial compensation.

Five months after the supreme court verdict, there is no deadline for when the fate of the turbines will be termined. One thing is clear, however. The parties will have to wait for a while yet for an answer from Marte Mjøs Persen, who served as Norwegian Minister of Petroleum and energy until Tuesday.

”I have great sympathy for the involved reindeer herders and their experience of the administrative procedures as a burden. At the same time, the Fosen case didn’t come to a final conclusion for the supreme court’s decision in the expropriation case. I have to operate within the review procedures per administrative law,” the minister wrote.

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