United Kingdom

Sustainable Shetland v. Scottish Minister (Outer House, Court of Session, 2013)

Jurisdiction: United Kingdom


Side A: Sustainable Shetland (Ngo)


Side B: Scottish Minister (Government)


Core objectives: Challenge approval of permit to construct a wind farm


Summary
Sustainable Shetland challenged the Scottish Minister's approval of an application by Viking Energy for the construction and operation of a 457 megawatt Wind Farm on a number of grounds. In granting the application, the Scottish Ministers had determined that that the advantages of meeting renewable energy and climate change goals and economic impacts outweighed negative consequences. The court accepted Sustainable Shetland's argument that the Scottish Ministers had no power under the Energy Power Act 1989 to grant the consent because Viking Energy did not yet hold an electricity generation license. In addition, the court found that the Ministers had failed to take proper account of their obligations under the Wild Birds Directive 2009.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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