The Superior Court of Xustiza of Galicia (TSXG) accepted the Preventive suspension of seven wind farms in the communityin separate orders that represent a new setback in the implementation of this type of installations that are added to other decisions from the past that block the expansion of this renewable energy in this territory.
This was confirmed by OKGREEN with the Galician Wind Association following the notification from the TSXG to temporarily suspend these seven projects due to the “risk that they cause irreparable damage to the environment”.
Concretely, it is the paralysis of projects intended to be implemented in the Serra de Liñares, Serra da Piñeira, Paraño Oeste, San Cristovo, Neboada, Monteagudo and Suime. Likewise, the court rejected the precautionary measure requested for two other wind initiatives embodied in the Picato and Solpor projects.
130 cars, 5 parks not paralyzed
Until today, the High Court of Galicia issued a total of 130 orders relating to suspension applications of prior administrative and construction permits for 64 wind farms, including 59 were suspendedwhich means that Only 5 managed not to be paralyzed.
In an interview conducted by OKGREEN in March of this year with Manuel Pazo, president of the Galician Wind Association, he stated that what the wind industry is experiencing with the High Court of Justice of Galicia is a “real tragedy” for the sector, for the region and for the future of the economy of this territory.
In the interview, Pazo didn’t mince his words when it came to seeing Lack of objectivity of the Galician courtto describe environmentalism as an anti-system denialist minority or changes in the opinion of politicians.
“Irreversible damage”
Regarding the new orders issued yesterday Monday, the third chamber of the Contentious-Administrative Chamber of the High Court of Galicia considers that it is proven in the seven orders that the execution of the projects could cause irreversible damage to sensitive environmental values.
Furthermore, the resolutions state that there is evidence that wind farm installations could affect vulnerable or endangered species that are included in the networks in which the wind farms are intended to be installed and that make up habitats of community interestwhich are included in the Strategic Environmental Statement of the Ministry of Ecological Transition and Demographic Challenge.
For this reason, the Galician court considers as accredited “the Periculum in Morawhich is part of the essence of the precautionary measure, since it aims to ensure that the future sentence can be put into practice in a useful waywhich would not be achieved if irreversible situations occurred.
Environmental protection
In the cases, the magistrates also weigh the conflicting interests and decree that the protection of the environment”must prevail in the protective procedure“, according to information from the Galician justice system.
Thus, they recall, the favourable weighting of economic interests is “quite exceptional, admissible only when it substantially compromises the country’s economy or produces particularly intense damage.
Visual and landscaping impact
Regarding the San Cristovo Park, located in the municipalities of Monterroso, Portomarín and Taboada (Lugo), the judges warn that “the visual and landscape impact should be serious and permanent over timeeliminating the landscape functionality of the Mirador Alto de San Cristovo”, given the proximity with which some wind turbines would be located.
In the order relating to the Paraño Oeste wind farm, located in the municipalities of Forcarei (Pontevedra) and Beariz (Ourense), the Chamber states that “is relevant“the inclusion of the wind crossing space” in the zone described as wind exclusion by the Environmental zoning map established by the Ministry of Ecological Transition“, as happens, as the court points out, with the parks of Serra da Piñeira, Neboada, Monteagudo and Suime.
Nature Network
Furthermore, it indicates that in this case “a critical proximity has been proven in which the impact on the elements that have served to catalogue the space as a Natura network can be seriously compromised.”
The TSXG understands, with regard to the Serra da Piñeira facilities, located in the municipalities of Baralla, Láncara and Becerreá (Lugo), that there are elements to consider the impact on areas of landscape interest, both in relation to the Natura Network and the Biosphere Reserve.
Presence of bears and wolves
However, he points out that, “although the sporadic presence of the bear in the Baralla Town Hall is public and notorious”, the report provided by the complainant “does not make a minimum development of the impact on a habitat that may be simply occasional.” or on the way to the plantigrade“.
Therefore, it indicates that it lacks sufficient elements to assess the expected negative impact. On the other hand, consider that Ithe presence of wolves in the environment has been officially accreditedas well as in the area where the Serra de Liñares wind farm is planned to be installed.
Very sensitive areas
Regarding the Neboada project, located in A Rúa, A Pobra de Trives, San already cenvironmentally characterized as being very sensitiveeither because they already belong to the Natura network or because they are in the process of expanding.
In the resolution regarding the Serra de Liñares wind farm, located in the municipalities of A Fonsagrada and Negueira de Muñiz (Lugo), the magistrates state that the data provided by the plaintiff “are sufficient to account for the presence, at least occasional, of the brown bear near the land occupied by the crossing of the wind farm.
Impact on people
In addition, in the car they assure that the construction of the park could cause “a serious impact on people’s lives due to the short distance between wind turbines and population centers“In concrete terms, according to the report provided, three of the wind turbines will be located less than 800 meters from the rural center of Penamaior.
Regarding the Monteagudo wind farm, located in the municipalities of Arteixo, A Laracha and Carballo (A Coruña), the High Court of Galicia understands that it has also been proven circumstantially “the allocation due to the proximity of areas of great natural and landscape value“.
The Third Section of the Contentious-Administrative Chamber states that the plaintiff, in the case of the Suime wind farm, located in Rodeiro (Pontevedra), has managed to indirectly prove the existence of highly sensitive environmental elements, “either because they are catalogued or because they are directly related to species with different degrees of protection or danger“.
Green light for two parks
However, only two wind farms have managed to pass the Galician court stage. In the resolution on the Picato wind farm, located in the municipalities of Guntín and Lugo, the TSXG rejects the measure, understanding that the applicant did not specify what environmental values might be affected by its constructionas is the case of the Solpor wind farm, located between the municipalities of Ordes and Mesía (La Coruña).
The Chamber, in the order relating to the project called Solpor, also rejects the request for suspension of the prior administrative authorization and the administrative authorization for the construction of the facilities.
The court explains that the complainant association “failed to prove the existence of irreversible damage or difficult repair which justifies the adoption of the precautionary measure, to the extent that the allegation of the presence of vulnerable species did not appear to be minimally geolocalized, and the noise damage was not justified as clearly exceeding the legally determined thresholds.
