Sámi Parliament appeals Melkøya electrification ruling to Supreme Court

The Sámi Parliament (Sametinget) has decided to appeal a court of appeal ruling regarding the Melkøya case to the Supreme Court. A central legal question arising from this potential appeal is whether the Sámi Parliament can simultaneously hold both consultation rights and the right to object in the same matter.

Under the Sámi Act, consultation rights and objection rights are generally treated as mutually exclusive. Specifically, the law states that consultation provisions do not apply in cases where the Sámi Parliament has the right to object under the Planning and Building Act. This objection right also extends to matters involving the Energy Act, such as wind power development and power line construction.

In the Melkøya case, the government approved the electrification of the area in August 2023. The Sámi Parliament has argued it should have been consulted prior to this decision, asserting that the electrification would necessitate new power and grid development, which are areas where they hold objection rights.