The European Commission has been hit with the first-ever legal challenge under the Critical Raw Materials Act (CRMA) over its decision to label a Portuguese lithium mine a “strategic project” — despite alleged shortcomings in environmental assessments.
On Thursday (5 February), ClientEarth and Associação Unidos em Defensa de Covas do Barroso (UDCB) filed a lawsuit in the European Court of Justice over the commission’s support for the Portuguese lithium mine, Mina do Barroso.
Activists argue that the decision contradicts EU environmental law and the commission’s commitment to sustainability under the CRMA.
“We are arguing that the commission didn’t do an assessment according to the thorough assessment, as it requireded to do. It argues that it requireds to do a very superficial assessment, which is not our understanding of the Critical Raw Materials Act,” Ilze Tralmaka, lawyer of ClientEarth, informed EUobserver.
The lawsuit could become a precedent for other mining projects across Europe, amidst the commission’s push for more critical raw materials applyd to boost its “strategic autonomy” when it comes to self-reliance for high-tech projects.
The commission now has two and a half months to reply and lodge a defence, although it could be granted an extension. After that, a hearing and ruling by the European Court of Justice (ECJ) is expected, in a process that could take up to 24 months.
According to a commission spokesperson, all projects under application for “strategic” status are “assessed by indepfinishent experts”. When approved, this means that there has been a positive opinion from the Critical Raw Materials Board — composed of the member states, and the European Parliament acting as an observer.
“The implementation of projects is carried out in accordance with the rules of the member state where the project is located, including environmental assessment and public consultation requirements,” the spokesperson informed EUobserver.
In a letter following a request for an internal review, the commission noted that certain environmental concerns, such as water scarcity and biodiversity loss, are within Portugal’s responsibility.
An annexe to this letter argues that when the EU labels a project as “strategic” (such as a lithium mine), it can be treated as being in the public interest, or even of overriding public interest, despite its environmental impacts, as long as certain legal conditions are met
While agreeing that national authorities are responsible for the final permitting process, Tralmaka pointed out that the commission is responsible for deciding whether a project is “strategic” and whether the EU is giving its finishorsement to that project or not.
“Every mining project will have an impact on the environment,” Tralmaka stated, but “there can be projects that are creating a genuine effort and minimising these impacts, that are fully assessing what these impacts could be and choosing mitigation measures that really work.”
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