IN BRIEF - TSJA Overturns Approval for Clam Farming Project in the Villaviciosa Estuary
SPAIN
Thursday, May 07, 2026
The Superior Court of Justice of Asturias (TSJA) has issued a key ruling regarding public health protection in the region.
The high court granted the appeal filed by the Villaviciosa City Council, nullifying the resolution from the Ministry of Rural Affairs and Agricultural Policy that had authorized a clam fattening plant in the estuary.
Key Points of the Ruling:
Affected Company: Asga Acuicultura, which had been granted a license in December 2024.
The Project: A pre-fattening farm for carpet shell clams and Japanese clams covering an area of 2,420 square meters for a 10-year term.
The Conflict: Regional authorities permitted the activity by arguing that the estuary's precautionary closure only applied to direct consumption. However, the TSJA supported the judicial expert’s view that public health risks persist even if the shellfish are relocated to other areas.
"If there is a risk derived from shellfish harvesting, there is also a risk in clam production, even if they are not marketed directly," states the ruling dated April 28.
The City Council reminded the court that the estuary has been closed to shellfish harvesting since 2011 due to very high levels of organic pollution, making any commercial exploitation in its waters unfeasible.
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Precautionary measure due to low biomass in the Loligo
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