These are decisions that are not yet final, the wind farms Penas Boas, Orballeira and Fial das Corzas They have already filed an appeal. The agency has already issued 151 orders on the suspension of permits and the construction of 67 wind farms, figures that go beyond what is reasonable and constitute an obstacle to future investments in the wind sector, in short, in these circumstances, meeting the energy transition objectives of Europe becomes an impossible mission.
The Supreme Court of Galicia (TSXG) has approved the precautionary suspension of three wind farm projects —Penas Boas, Orballeira and Fial das Corzas— for possible damage to the environment. As the organization explained in a statement on Tuesday, the suspension was agreed to in order to assess a potential risk irreparable damage to the environment.
In all cases, he considers that the need to introduce this precaution has been proven to try to guarantee that a future punishment “can be put into practice in a useful way, which would not be achieved if irreversible situations had occurred .”
Real chance of environmental damage
According to the order regarding Penas Boas wind farmlocated in the municipalities of Aranga, Oza-Cesuras and Coirós (A Coruña), the magistrates emphasize that “the expert evidence provided by the plaintiff – at least indicative – points to a irreversible impact on certain environmental values “When the park is built.”
If implemented, the project would “render the future judgment ineffective, which would remain a dead letter because the funds were damaged at the time it was issued.” Moreover, with regard to the prevailing interest that it has consolidated with a jurisprudential line in favor of the preservation of the environment, the Supreme Court stipulates the “suspension of actions that adversely affect it”. For this reason, she considers that, since there are indications that this could have an impact on the environment, the Spanish Constitution “makes it mandatory to suspend the administrative act that may cause damage that is difficult to repair.”
As for the Orballeira wind farmlocated at the municipal ends of A Rúa, Vilamartín de Valdeorras (Ourense) and Quiroga (Lugo), it considers accredited “real possibility of environmental damage”.
The magistrates, in the decision on the Fial das Corzas wind farmlocated in the municipalities of Laza and Vilar de Barrio (Ourense), point out, as in the other two cases, that “part of the infrastructure of the project coincide with areas of maximum environmental sensitivity«.
Likewise, they add that the decision is based on the classification of environmental sensitivity given by the environmental zoning for renewable energy drawn up by the Ministry for the Ecological Transition and the Demographic Challenge. And they point out that an expert report shows that there are two wind turbines “close to the homes of the families and which do not comply with the recommended distance.”
The Supreme Court of Galicia (TSXG) has already suspended 62 cases
He Supreme Court of Galicia (TSXG) It is emphasized that these are resolutions that are not yet final as they are subject to appeal. However, he points out that he has dictated so far 151 decisions related to requests for suspension of administrative permits prior and construction of 67 wind farms, of which 62 have been suspended.