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Turow Mine. The Supreme Administrative Court repealed the decision to suspend the execution of the environmental decision

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The Supreme Administrative Court (NSA) revoked the decision of the Warsaw Provincial Administrative Court (WSA) of May 31 to suspend the implementation of the environmental decision in the Turów case. Complaints of the General Directorate for Environmental Protection (GDOŚ), PGE Górnictwo i Energetyka Conventionalna and the National Prosecutor’s Office have been taken into account, the spokesman for the Supreme Administrative Court informed.

It concerns complaints against the decisions of the Provincial Administrative Court in Warsaw of 31 May this year. At that time, the court suspended – pending the examination of the relevant complaint – the implementation of the environmental decision regarding the concession for coal mining for the mine in Turów after 2026.

Turów Mine – decision of the Supreme Administrative Court

As Judge Marciniak informed PAP on Tuesday, the justification for the Supreme Administrative Court’s decision indicated that the court of first instance, when examining applications, should take into account the consequences of implementing the decision not only in the context of the applicant’s situation, but also take into account the broadly understood public interest and the interest of other parties to the proceedings. – In this case, the voivodship court did not make such an assessment of the applicants’ applications and the arguments of the investor and the authority – noted the spokesman for the Supreme Administrative Court.

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– The court emphasized that there is no doubt that energy security is a constitutional value, because it is one of the guarantees of state independence and security of citizens – said the spokesman for the Supreme Administrative Court.

As he added, “in this case, the course of the investment process excluded the possibility of effectively suspending the implementation of the decision on environmental conditions, which was omitted by the court of first instance.”

The Provincial Administrative Court suspended the environmental decision

The case concerns the decision of the General Directorate of Environmental Protection of September 30, 2022 specifying the environmental conditions for the implementation of the project: “Continuation of exploitation of the Turów lignite deposit, implemented in the Bogatynia commune”. Complaints against the environmental decision were filed, among others, by Frank Bold Foundation, Greenpeace and EKO-UNIA Ecological Association.

“In the court’s opinion, there were reasons to suspend the execution of the contested decision due to the possibility of irreversible damage to the environment” – informed the WSA at the beginning of June. The WSA spokeswoman also stated at that time that the decision issued by the WSA on 31 May this year does not stop working Turów mine.

Meanwhile, in the second half of June, the Provincial Administrative Court informed that the actual complaint against the environmental decision – in connection with which a decision to suspend the implementation of this decision was issued – was to be considered by this court on August 31 this year.

Main photo source: Andrzej Stefanczyk/TVN24

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