Letter to ‘ All opponents of mining ‘ from Nimby lawyer just in…...

Letter to ‘ All opponents of mining ‘ from Nimby lawyer just in…

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
[email protected]

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 [email protected].
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."