The environmental organizations are now demanding that all permits granted to the mining company Nordic Mining be revoked.

“Absolutely fantastic! This is a huge victory for the fjord, the fish, and the people – and this ruling will also help prevent pollution in other fjords, lakes, and rivers,” said Sigrid Hoddevik Losnegård, leader of Young Friends of the Earth Norway.

“This is historic – undoubtedly one of the greatest victories in the history of Norway’s environmental movement. We have fought to protect the Førdefjord for more than 15 years, and this judgment proves that we were right all along. The permit for dumping mine waste in the Førdefjord should never have been granted,” said Truls Gulowsen, leader of Friends of the Earth Norway.

“We now expect the government to revoke the company’s permits, putting a final end to this case,” Gulowsen added.

“Finally, justice for the Førdefjord! An indescribable joy that the Førdefjord will now be safeguarded for the future – the richest fjord on the west coast of Norway, a national salmon fjord, and at the heart of the unique, internationally renowned Western Norwegian fjord landscape. Thank you for all your support,” said Anne-Line Thingnes Førsund of Friends of the Earth Norway in Sogn og Fjordane, who has opposed Nordic Mining’s plans since 2007.

The Fjord Lawsuit

Friends of the Earth Norway and Young Friends of the Earth Norway sued the Norwegian state in 2022 over the permit to dump up to 170 million tonnes of mining waste into the Førdefjord. The organizations lost the case in Oslo District Court, which sided fully with the state. The case took a turn in autumn 2024 when the EFTA Court considered what the Water Framework Directive requires in order to grant permission to pollute a water resource. In March this year, the EFTA Court issued a “ruling” in the form of an advisory opinion supporting the organizations’ position.

The appeal was heard by Borgarting Court of Appeal in June, and today came the long-awaited victory for the organizations.

The Borgarting Court of Appeal Ruling

The environmental organizations argued that the government’s 2016 permit for dumping mining waste and the 2022 operating permit were both invalid. They also sought reimbursement for legal costs in both the Court of Appeal and the District Court.

The judgment from Borgarting Court of Appeal declares both the discharge permit and the operating permit invalid. The organizations were awarded legal costs for both court levels.

Excerpt from the ruling – Borgarting Court of Appeal, 12 August 2025:

JUDGMENT

1. The Royal Decree of 19 February 2016 is invalid.
2. The Ministry of Climate and Environment’s decision of 23 November 2021 is invalid.
3. The Ministry of Trade, Industry and Fisheries’ decision of 6 May 2022 is invalid.
4. The Norwegian Environment Agency’s decision of 23 June 2023 is invalid.
5. In legal costs for the Court of Appeal, the state (represented by the Ministry of Climate and Environment and the Ministry of Trade, Industry and Fisheries) shall pay NOK 4,292,423 to Friends of the Earth Norway and Young Friends of the Earth Norway jointly within two weeks of service of the judgment.
6. In legal costs for the District Court, the state (represented by the Ministry of Climate and Environment and the Ministry of Trade, Industry and Fisheries) shall pay NOK 3,500,000 to Friends of the Earth Norway and Young Friends of the Earth Norway jointly within two weeks of service of the judgment.

The ruling is unanimous.

Will Set a Precedent

The victory in the Borgarting Court of Appeal will have significance beyond the Førdefjord. Along with the EFTA Court’s advisory opinion, it will set a precedent for similar cases in Norway and in all countries that have ratified the EU Water Framework Directive. This could affect the management of more than 160,000 water bodies in the EU and EFTA countries.

“We are helping to write environmental history here. Not only because we must prevent the destruction of the Førdefjord, but also because we can help uphold the ban on polluting fjords, rivers, and lakes across Europe,” said Gulowsen.