Temporary ban on operations at oil fields operative after Supreme Court victory

Greenpeace Nordic and Nature and Youth have brought legal proceedings against the Norwegian Government, challenging the validity of the plans for development and operation (“PDO-licenses”) for the three North Sea oil- and gas fields Breidablikk, Tyrving and Yggdrasil. The environmental organizations have also asked for a temporary injunction, setting aside the effect of the PDO-licenses pending the outcome of the main case.

Oslo District Court granted such a temporary injunction on January 18, 2024. This injunction was first suspended and later overturned by Borgarting Court of Appeals, holding that Norwegian courts are excluded from issuing temporary injunctions in cases concerning licenses for oil and gas development.

In a landmark ruling on Friday, the Supreme Court declared that the Court of Appeals was wrong in its interpretation of Norwegian law and overturned the Court of Appeals’ decision. The temporary injunction by Oslo District Court in January 2024 is therefore back in force. This means that the state is prohibited from making any other decisions that presuppose a valid PDO until the case is legally settled. No new development or operation requiring such decisions can be initiated.

Simonsen Vogt Wiig – partner Jenny Sandvig represented the environmental organizations before the Supreme Court.

The Supreme Court’s decision is available in English here.