@beserk, do your local Swedish contacts have any additional info (made public) on this appeal and/or, will the Court provide any further info to you, given that you had previously registered to receiving the original Court ruling documents some 22 days ago?….I know you requested a sample of the important stuff from Court ruling and they came back to you wanting you to select which parts you specifically wanted on ‘War & Peace’. Be cool to see if they can release appeal info, as they did on original ruling. Cheers Beserk
Semmel
Top 20
It is interesting, that the article states for Talga what they appeal (reasonably in my opinion). But for the Sami and environmental groups, it is not written what they appeal and what their argument is. We might find out soonish. With the WTM found today, I see very little ground for them to be successful with that.
cosors
👀
That is absolutely logical. The Kallak/Gallok case can serve as an example. They could continue with the decision instead of full stop.
cosors
👀
https://www.svt.se/nyheter/sapmi/tillstandet-for-talga-ab-s-grafitgruva-i-njunisv-rri-overklagas
same info as above svt refers to SR Sameradion (Sami radio)
same info as above svt refers to SR Sameradion (Sami radio)
WheresTheMonkey
Regular
OK so 6 parties are appealing individually
That by itself tells me something .
If I had a great argument against the permit I would unite and pool my resources.
They didn’t
Also the Finland Government not involved unless it’s using its Nature Association as a proxy. Which you would expect from the CCP or Russia or another dictatorship not from Finland
When can the court grant leave to appeal?
The Land and Environmental Court of Appeal can grant leave to appeal if:- there may be reason to change the Land and Environment Court's decision;
is needed so that the Land and Environment Court can better assess whether the Land and Environment Court has ruled correctly; - it is important that the Land and Environmental Court of Appeal hear the case so that the land and environmental courts will receive guidance for future assessments of similar issues;
- otherwise there are special reasons to examine the appeal.
Who referees the goal?
In the Land and Environmental Court of Appeal, experienced judges judge together with technical advice. Legal judges are trained legal judges. The technical councils are employees of the court, have technical or natural science training and possess special expert knowledge in the target areas that are current at the Land and Environmental Court of Appeal.In cases that have been appealed to the Land and Environment Court of Appeal and granted leave to appeal, the court shall as a rule consist of four members. At least three of the members must be judges with legal experience. Most often, a technical advice is included in the court.
https://www.domstol.se/mark--och-miljooverdomstolen/provningstillstand/
---------
It's interesting that the Land and Environment Court judges were technical experts, but the judges in the Land and Environment Court of Appeal are not technical. Also interesting that the judges in Land and Environment Court of Appeal don't read the decision, just hear about it orally. Both of these facts make me less concerned with appeals regarding technical details.
cosors
👀
Do I understand correctly that the court has granted the time extension so that the opponents can better group?
"U. L.
Hello all opponents of mining in Nunasvaara! Thanks to all of you who responded and want to participate in the appeal of the Talga AB judgement. You are probably wondering how our appeal is going so here is some information about it: We have worked to check out possible costs, read up, asked various lawyers about the issue of appeal and came to the conclusion that costs may be incurred and to appeal requires a lot of knowledge. After contacts with the Swedish Society for Nature Conservation, we have now arrived at a solution that feels safe from a cost perspective and that we believe can be in our favour in several ways. Together we become stronger! Naturskyddsföreningen is represented by an environmental lawyer, G. H. B., which Naturskyddsföreningen pays for in full.
We as affected property owners who want to appeal have been promised to be represented by her in the process in the Land and Environment Court of Appeal without having to pay any costs. Below is a "letter of representation" from the lawyer G. H. B. and a power of attorney (pdf file) that we who wish to be represented by her (free of charge) must sign and mail to her according to the instructions in her letter of representation, no later than 23 May 2023. If you have any questions about this procedure, please contact us at the e-mail address below.
It is important to show that there is strong opposition to the mining plans so we hope that everyone will sign the authorisation and send it to G.
With kind regards xxx & xxx 2023-04-27
...@gmail.com
Letter of ownership
As a lawyer specialising in environmental law, I am currently working on trying to stop several ongoing mining plans around the country. I also have several ongoing cases regarding quarrying activities etc. in progress. I already represent the Norrbotten Nature Conservation Society as a legal representative in the environmental assessment of Talga AB's mine at Nunasvaara Södra. In many other cases, I represent both environmental organisations and private individuals.
Why hire an environmental lawyer?
Environmental law is a very extensive and difficult legal area where EU legislation is also of great importance. The Environmental Code comprises more than 500 paragraphs and in addition there are a number of ordinances, regulations and general advice from the Swedish Environmental Protection Agency. In parallel with the Environmental Code, there are also other laws that must be complied with, such as the Planning and Building Act. The EU's environmental legislation consists of many EU regulations and directives as well as indicative judgements of the European Court of Justice which are directly binding in Sweden. Important EU laws in this case include the Water Framework Directive, the Marine Water Directive and the Habitats Directive.
(Keep in mind that the CRM is on its way with graphite classified as critical and additionally as strategic. The clock is ticking.)
The Environmental Code is a framework law, which means that you will not find a concrete paragraph that says exactly what applies in a particular situation. The rules are given, but in concrete situations you have to rely on the regulations and directives issued by various authorities. As a private individual (or even a lawyer in general practice), it is almost impossible to familiarise yourself with the whole picture, even if you can read parts of it.
Unfortunately, my experience is that if there are no counterparties, i.e. individuals or environmental organisations, who have strong legal counterarguments to what the mining companies want to do, this usually results in the mining companies getting their project through exactly as they wish. You must be prepared to wage a legal battle, in addition to the all-important opinion-forming.
As an individual, you should consider in this context that in addition to the fact that the activity can cause noise, deteriorating air, risks of deteriorating water quality, limited accessibility and impaired recreational opportunities, etc. the activity can cause significant financial losses in terms of reduced property value.
About me
I completed my law degree in 1990 and have since then worked exclusively with environmental law.
Initially with research and education at Uppsala University, but I have later also been employed as a lawyer at the Swedish Society for Nature Conservation and the County Administrative Board of Uppsala County. I had my first environmental case in court in 1998 and since 1 April 2009 I run my own full-time law firm, GBH Miljörätt, and have the whole of Sweden as my geographical area of activity. I represent environmental organisations and private individuals in environmental cases and work exclusively on the "green side".
GBH Miljörätt has represented both private individuals and environmental organisations in a number of cases concerning environmentally hazardous activities around the country. Especially when it comes to cases concerning quarrying operations and mines, which often have similar problems, I have conducted about 30 cases over the years. Among the more high-profile cases is that against Nordkalk and SMA Mineral on Gotland in the so-called Bunge case (Ojnareskogen), which was successful in the Supreme Court. In the Norra Kärr case in Gränna, I succeeded in getting a government decision on mining operations overturned by a judgement from the Supreme Administrative Court. The judgement has become a guide for other mining applications and has led to several other mining projects being reconsidered. At present, I am the legal representative for mining plans in:
● Laver, Älvsbyn
Kallak, Jokkmokk
Bricka mine, Hudiksvall, Sweden
Vindfall and Sörtärnan, Gävle/Sandviken.
Jugansbo, Heby and Sala
Härserud and Asslebyn, Bengtsfors
Norra Kärr, Gränna
Havsmon, Karlsborg
Zinkgruvan, Askersund
Järrestad, Tosterup, Virrestad, Flagabro and Gislövshammar in Österlen.
I have also represented a number of property owners in Dalsland regarding Odin Mineral's mining plans there. However, the company gave up because of the compact local resistance.
If you want to know more about me, you can go to my website www.gbhmiljoratt.se.
I have extensive experience in this type of case. As I have low overheads, my fees are also fairly modest compared to other lawyers. In this case, the Swedish Society for Nature Conservation has also promised to cover the costs, so it costs you as private individuals nothing to hire me. There will be no unforeseen costs and you can terminate my engagement at any time.
You have now all submitted your own appeal in blank and requested a deferral of the development of the grounds of your case. The next step is to develop the appeal to the Land and Environment Court of Appeal. For the court to take up the case for review, leave to appeal is required. Legal arguments are often required to obtain such authorisation. Then there will be correspondence with several opinions and probably also an oral hearing. It is impossible at present to assess how much working time is ultimately needed for a case. This depends, among other things, on the attitude of the companies and the courts. Sometimes you have to give your opinion several times, sometimes decisions are made almost immediately.
The more people who get involved and appeal, the more important it is. This does not mean that your case will be stronger if everyone writes their own opinions and appeals, but you can, after having authorised me, participate in the extensive opinions, appeals, etc. that I write on behalf of my clients. The authorities and courts then realise that this is an important matter.
As your legal representative, I handle all contacts with authorities and courts.
I also write all opinions and appeals and represent you at oral hearings. Of course, I welcome your views and your extensive knowledge of the area and the environmental impact that may occur in your neighbourhood. However, I am responsible for writing all submissions. As a specialised environmental lawyer, I can see things from the outside and give the mining company a tougher fight, while you don't have to worry about how to do it yourself.
What happens now if you hire me?
To represent you, I will need a power of attorney from each of you.
I have made a template of what this might look like. You can cancel the authorisation at any time.
It is easiest if you sign the authorisation and send it to me at the following address:
xxx
If possible, it is good if you can also scan a signed power of attorney and email it to me at ...@gmail.com.
Send the power of attorney no later than 20 May 2023.
As your legal representative, I cannot of course guarantee that I can stop this activity completely (such guarantees can never be given). But what I can guarantee is that I will do everything I can to ensure that the activity will at least be subject to the most stringent requirements possible, so that it may even become economically unattractive to continue.
I look forward to a fruitful co-operation!
G. H. B."
Link to the Climate Deniers
"U. L.
Hello all opponents of mining in Nunasvaara! Thanks to all of you who responded and want to participate in the appeal of the Talga AB judgement. You are probably wondering how our appeal is going so here is some information about it: We have worked to check out possible costs, read up, asked various lawyers about the issue of appeal and came to the conclusion that costs may be incurred and to appeal requires a lot of knowledge. After contacts with the Swedish Society for Nature Conservation, we have now arrived at a solution that feels safe from a cost perspective and that we believe can be in our favour in several ways. Together we become stronger! Naturskyddsföreningen is represented by an environmental lawyer, G. H. B., which Naturskyddsföreningen pays for in full.
We as affected property owners who want to appeal have been promised to be represented by her in the process in the Land and Environment Court of Appeal without having to pay any costs. Below is a "letter of representation" from the lawyer G. H. B. and a power of attorney (pdf file) that we who wish to be represented by her (free of charge) must sign and mail to her according to the instructions in her letter of representation, no later than 23 May 2023. If you have any questions about this procedure, please contact us at the e-mail address below.
It is important to show that there is strong opposition to the mining plans so we hope that everyone will sign the authorisation and send it to G.
With kind regards xxx & xxx 2023-04-27
...@gmail.com
Letter of ownership
As a lawyer specialising in environmental law, I am currently working on trying to stop several ongoing mining plans around the country. I also have several ongoing cases regarding quarrying activities etc. in progress. I already represent the Norrbotten Nature Conservation Society as a legal representative in the environmental assessment of Talga AB's mine at Nunasvaara Södra. In many other cases, I represent both environmental organisations and private individuals.
Why hire an environmental lawyer?
Environmental law is a very extensive and difficult legal area where EU legislation is also of great importance. The Environmental Code comprises more than 500 paragraphs and in addition there are a number of ordinances, regulations and general advice from the Swedish Environmental Protection Agency. In parallel with the Environmental Code, there are also other laws that must be complied with, such as the Planning and Building Act. The EU's environmental legislation consists of many EU regulations and directives as well as indicative judgements of the European Court of Justice which are directly binding in Sweden. Important EU laws in this case include the Water Framework Directive, the Marine Water Directive and the Habitats Directive.
(Keep in mind that the CRM is on its way with graphite classified as critical and additionally as strategic. The clock is ticking.)
The Environmental Code is a framework law, which means that you will not find a concrete paragraph that says exactly what applies in a particular situation. The rules are given, but in concrete situations you have to rely on the regulations and directives issued by various authorities. As a private individual (or even a lawyer in general practice), it is almost impossible to familiarise yourself with the whole picture, even if you can read parts of it.
Unfortunately, my experience is that if there are no counterparties, i.e. individuals or environmental organisations, who have strong legal counterarguments to what the mining companies want to do, this usually results in the mining companies getting their project through exactly as they wish. You must be prepared to wage a legal battle, in addition to the all-important opinion-forming.
As an individual, you should consider in this context that in addition to the fact that the activity can cause noise, deteriorating air, risks of deteriorating water quality, limited accessibility and impaired recreational opportunities, etc. the activity can cause significant financial losses in terms of reduced property value.
About me
I completed my law degree in 1990 and have since then worked exclusively with environmental law.
Initially with research and education at Uppsala University, but I have later also been employed as a lawyer at the Swedish Society for Nature Conservation and the County Administrative Board of Uppsala County. I had my first environmental case in court in 1998 and since 1 April 2009 I run my own full-time law firm, GBH Miljörätt, and have the whole of Sweden as my geographical area of activity. I represent environmental organisations and private individuals in environmental cases and work exclusively on the "green side".
GBH Miljörätt has represented both private individuals and environmental organisations in a number of cases concerning environmentally hazardous activities around the country. Especially when it comes to cases concerning quarrying operations and mines, which often have similar problems, I have conducted about 30 cases over the years. Among the more high-profile cases is that against Nordkalk and SMA Mineral on Gotland in the so-called Bunge case (Ojnareskogen), which was successful in the Supreme Court. In the Norra Kärr case in Gränna, I succeeded in getting a government decision on mining operations overturned by a judgement from the Supreme Administrative Court. The judgement has become a guide for other mining applications and has led to several other mining projects being reconsidered. At present, I am the legal representative for mining plans in:
● Laver, Älvsbyn
Kallak, Jokkmokk
Bricka mine, Hudiksvall, Sweden
Vindfall and Sörtärnan, Gävle/Sandviken.
Jugansbo, Heby and Sala
Härserud and Asslebyn, Bengtsfors
Norra Kärr, Gränna
Havsmon, Karlsborg
Zinkgruvan, Askersund
Järrestad, Tosterup, Virrestad, Flagabro and Gislövshammar in Österlen.
I have also represented a number of property owners in Dalsland regarding Odin Mineral's mining plans there. However, the company gave up because of the compact local resistance.
If you want to know more about me, you can go to my website www.gbhmiljoratt.se.
I have extensive experience in this type of case. As I have low overheads, my fees are also fairly modest compared to other lawyers. In this case, the Swedish Society for Nature Conservation has also promised to cover the costs, so it costs you as private individuals nothing to hire me. There will be no unforeseen costs and you can terminate my engagement at any time.
You have now all submitted your own appeal in blank and requested a deferral of the development of the grounds of your case. The next step is to develop the appeal to the Land and Environment Court of Appeal. For the court to take up the case for review, leave to appeal is required. Legal arguments are often required to obtain such authorisation. Then there will be correspondence with several opinions and probably also an oral hearing. It is impossible at present to assess how much working time is ultimately needed for a case. This depends, among other things, on the attitude of the companies and the courts. Sometimes you have to give your opinion several times, sometimes decisions are made almost immediately.
The more people who get involved and appeal, the more important it is. This does not mean that your case will be stronger if everyone writes their own opinions and appeals, but you can, after having authorised me, participate in the extensive opinions, appeals, etc. that I write on behalf of my clients. The authorities and courts then realise that this is an important matter.
As your legal representative, I handle all contacts with authorities and courts.
I also write all opinions and appeals and represent you at oral hearings. Of course, I welcome your views and your extensive knowledge of the area and the environmental impact that may occur in your neighbourhood. However, I am responsible for writing all submissions. As a specialised environmental lawyer, I can see things from the outside and give the mining company a tougher fight, while you don't have to worry about how to do it yourself.
What happens now if you hire me?
To represent you, I will need a power of attorney from each of you.
I have made a template of what this might look like. You can cancel the authorisation at any time.
It is easiest if you sign the authorisation and send it to me at the following address:
xxx
If possible, it is good if you can also scan a signed power of attorney and email it to me at ...@gmail.com.
Send the power of attorney no later than 20 May 2023.
As your legal representative, I cannot of course guarantee that I can stop this activity completely (such guarantees can never be given). But what I can guarantee is that I will do everything I can to ensure that the activity will at least be subject to the most stringent requirements possible, so that it may even become economically unattractive to continue.
I look forward to a fruitful co-operation!
G. H. B."
Link to the Climate Deniers
Last edited:
Monkeymandan
Regular
‘…I represent environmental organisations and private individuals in environmental cases and work exclusively on the "green side"’
What a fraud.
What a load of absolute shite.
Maybe she missed the memo that this is highest grade graphite resource on the planet, and by utilising this instead of synthetic graphite or low grade natural graphite, tens of millions of tonnes of carbon dioxide are saved from entering the atmosphere.
Common sense will prevail.
cosors
👀
I have posted my answer in two parts. The hefty comment is in the bar.
I find it frightening that the plaintiffs are objecting on the pretext of needing more time. Remember that there must be valid reasons that must be presented.
At the moment, these reasons look like this: They have failed to encourage individuals to organise themselves. Most of them probably had concerns about the costs. Now the Nature Conservancy is taking over these costs.
I am curious to see if this is official and the court recognises that good cause exists when those who want to object have not been quick enough to clarify whether they want to object. It's like the court is saying: we'll give you more time to sort out the costs and to get your act together.
I'm curious whether that is what it seems to be, whether that is factual.
We need more time, we have to clarify the costs first, is that supposed to be a valid reason for extending the deadline?!
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Semmel
Top 20
So just to be clear... the 23.05. of may is a deadline for being represented by the lawyer in the case of appeals. And from that its a logical conclusion (not a statement by the court) that the timeline of appeal submissions is extended beyond the 23rd? Not an accusation, just that I want to be clear on this.
Because it might also be, that the Nature Conservation Society has already logged its appeal and is just asking for more supporters in order to give its appeal more weight in case of a leave to appeal is granted.
Because it might also be, that the Nature Conservation Society has already logged its appeal and is just asking for more supporters in order to give its appeal more weight in case of a leave to appeal is granted.
It could also be that that's the hearing date for determining leave to appeal and it hasn't been extended, just scheduled as normal.
Monkeymandan
Regular
@cosors and @Semmel - I drew the same conclusion based on the 23/5 date in the lawyers letter, that the date to submit appeal must have been extended, however this had me entirely perplexed. Not having ones sh!t together simply cannot be valid grounds for extension.
So @anbuck’s suggestion sounds more plausible I think.
The appeal close date was 26/4, next business day 27/4, and 23/5 is exactly 4 calendar weeks after that date, so it sounds feasible. Has anyone seen any guidance anywhere as to timing of appeal hearings from closure of appeal period? 4 weeks sounds reasonable…
So @anbuck’s suggestion sounds more plausible I think.
The appeal close date was 26/4, next business day 27/4, and 23/5 is exactly 4 calendar weeks after that date, so it sounds feasible. Has anyone seen any guidance anywhere as to timing of appeal hearings from closure of appeal period? 4 weeks sounds reasonable…
WheresTheMonkey
Regular
@cosors , @Semmel .............I read this differently from you guys.....................I lean toward's anbuck's view
"We as affected property owners who want to appeal.............................."
We already knew that certain individuals were appealing.
This letter it seems to me is just an offer to the anti-miners that they can avail themselves of her services should they be granted an appearance to make their case for an appeal. But she needs to know by 23 May because the hearing starts then. They are simply being added to her client list.
Seems to me she is there to plead for the time extensions nothing too complex. After all a plea for a time extension would be a fairly common occurrence for any lawyer.
I think the 4 or 5 extensions of time will be either granted or thrown out on the 23rd. Since this is a case of some controversy don't be surprised if the Judges grant time extensions so they are seen to be offering all parties due process and so exhausting their avenues before they get their plea for an appeal declined.
If they are thrown out then the other appeal (only one I think ?) might be considered very quickly (same day) as the judges would have probably formed a pretty firm view of its merits since they already have the argument in paper form right now without needing for it to be heard out in an open court.
If time extensions are given I think that will apply to all the appeals which will then be heard at a later date say 3 weeks or so
"We as affected property owners who want to appeal.............................."
We already knew that certain individuals were appealing.
This letter it seems to me is just an offer to the anti-miners that they can avail themselves of her services should they be granted an appearance to make their case for an appeal. But she needs to know by 23 May because the hearing starts then. They are simply being added to her client list.
Seems to me she is there to plead for the time extensions nothing too complex. After all a plea for a time extension would be a fairly common occurrence for any lawyer.
I think the 4 or 5 extensions of time will be either granted or thrown out on the 23rd. Since this is a case of some controversy don't be surprised if the Judges grant time extensions so they are seen to be offering all parties due process and so exhausting their avenues before they get their plea for an appeal declined.
If they are thrown out then the other appeal (only one I think ?) might be considered very quickly (same day) as the judges would have probably formed a pretty firm view of its merits since they already have the argument in paper form right now without needing for it to be heard out in an open court.
If time extensions are given I think that will apply to all the appeals which will then be heard at a later date say 3 weeks or so
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WheresTheMonkey
Regular
Yes...........I posted that the other day........."within a month"
Monkeymandan
Regular
That’s right. Looks like we might have our appeal hearing date. Would have thought this would be worthy of an announcement?
Monkeymandan
Regular
Sorry, not the appeal hearing, but rather date the court would consider whether leave to appeal is granted. Based on the lawyers letter, this can be V quick or protracted. I interpret this to mean same day, or weeks. If granted, it then moves to an appeal hearing.
WheresTheMonkey
Regular
Has anyone tried to access her website ? My software won't let me anywhere near it
Amur27
Emerged
Replied and got the same result you did - I reckon she's a real f***wit.
Amur27
Emerged
Sorry - meant tried not replied!!!
