Background
The “Fosen case” was a civil lawsuit regarding the discretionary determination of compensation to the reindeer herders in Fosen in connection with the construction of the Storheia wind farm and Roan wind farm.
The case concerning financial compensation to the reindeer herders was handled in both the district court and the court of appeal. In both instances, judgments were made regarding the scope of compensation.
In the Supreme Court, the claim for compensation was dismissed, meaning that the court did not address how large the compensation should be. This was because, based on the evidence presented, the court believed that the concession was granted on an insufficient basis.
Prior to the start of construction, no later than 2016, the reindeer herders in North Fosen gave written consent, stating that they had no objections to the validity of the concession and expropriation permit for the wind farm in Roan. They also consented to the initiation of construction since only the compensation amount was unresolved.
At the State's initiative, Roan Vind, Nord-Fosen Siida, and the Ministry of Petroleum and Energy met in May 2023 for mediation, with the goal of reaching an amicable settlement between the parties. Several mediation meetings have been held since then. The mediation, which is voluntary, is led by the National Mediator Mats Ruland.
What does the Supreme Court say?
The Supreme Court states that the Ministry of Petroleum and Energy did not take necessary measures to ensure mitigation actions during the concession process, and that reindeer husbandry in Fosen is
