Kristin Edwald, partner of the law firm that represents Arnalax.
Court dismisses claims against Arnarlax salmon farming operations
(ICELAND, 1/24/2019)
The District Court of Reykjavik has dismissed the claims of the owners of salmon fishing rights in the river Haffjarðará, Akurholt and Geiteyri, against Arnarlax - the biggest Iceland salmon producer -, the Icelandic Food and Veterinary Authority and the Environment Agency of Iceland.
The owners of the fishing rights had demanded the cancellation of the Arnarlax fish farming licenses in Arnarfjörður.
According to the District Court ruling, the object of the fishing right owner’s lawsuit was to prohibit salmon fish farming at sea in Iceland.
The District Court argued that for decades, the legislature in Iceland had considered the inevitable impact on salmon fishing in fresh water, and taken that into account when deciding whether and to what extent fish farming should be permitted, explained Kristín Edwald, hrl., Supreme Court Attorney and Partner, from LEX law firm representing Arnarlax.
The District Court also referred to the fact that the environmental impact of Arnarlax’s operations in Arnarfjörður would be more or less local and, therefore, not affect the salmon fishing in Haffjarðará.
“In essence, the District Court held that the owners of the salmon fishing rights had not suffered any loss due to Arnarlax’s operations, and that they had not proved that the operation would specifically harm their interests. Thus, they did not have any particular legitimate interest in pursuing their lawsuit, which is grounds for dismissal under Icelandic procedural law”, Kristín Edwald added.
The attorney highlughted that since 2009, the company has been through a comprehensive license application process with the Icelandic National Planning Agency, Food and Veterinary Authorities , and the Environmental Agency of Iceland (Umhverfisstofnun), where same interest groups have provided their comments and pressed charges through every step of the hearing process and ruling committee.
According to the court ruling, the fishing right owners have to pay all legal costs to Arnarlax, the Icelandic Food and Veterinary Authority and the Environment Agency of Iceland.
The owners of fishing rights have two weeks to appeal this decision to the Icelandic Court of Appeal.
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