NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
ment is fact-specific and considers the lender’s actual control, economic interest in the activity, and ability to take necessary measures.
• the claims can otherwise be handled with the same court composition and mainly the same procedural rules; • group procedure is the best treatment method; and • there is a basis to appoint an adequate group rep- resentative. 10.4 Landmark Cases The first “climate case” concerned whether granting petroleum exploration licences in the Barents Sea breached the Constitution’s environmental clause (Section 112). The Supreme Court held in 2020 that the decision did not violate the Constitution, but con- firmed that Section 112 provides substantive environ- mental rights. The applicants appealed to the Europe- an Court of Human Rights, which issued its judgment in autumn 2025. The Court did not find a violation, but underlined that states must ensure thorough climate impact assessments in licensing decisions. A second key case concerns whether environmental impact assessments (EIAs) must include emissions from the combustion of petroleum at the Plan for Development and Operation (PUD) stage. An environ- mental NGO won in the District Court, and the EFTA Court later supported that legal interpretation. The case has been heard by the Court of Appeal, and a judgment is awaited. A third ongoing case is brought by the Sámi Parlia- ment against the Ministry of Energy regarding the electrification of the LNG facility at Hammerfest, arguing insufficient consultation with Sámi interests and inadequate EIA. The ruling is expected to clarify consultation and assessment requirements in major industrial projects. 11. Contractual Agreements 11.1 Transferring or Apportioning Liability Under Norwegian contract law, parties may allo- cate environmental liability and agree on indemnities between themselves. However, there are important limits. • Private agreements cannot limit statutory obliga- tions. Liability for breaches remains with the legally
10. Civil Liability 10.1 Civil Claims
Under Norwegian law, civil claims for compensa- tion or other remedies can generally be brought by any party who suffers actual economic loss or dam- age as a result of environmental harm. The claimant must establish causation between the damage and the activity or omission that caused it , in line with general tort principles and the Pollution Control Act ( Forurensningsloven ). This includes both direct dam- age to property and consequential economic losses, provided the losses are reasonably foreseeable. 10.2 Exemplary or Punitive Damages Under Norwegian law, civil claims generally do not allow punitive or exemplary damages. The system is primarily compensatory, aiming to restore the injured party to the position they would have been in without the harm. Non-economic damages may be awarded for personal injury, partly reflecting societal disapprov- al, but this is not equivalent to common law punitive damages. Courts focus on restitution, remediation and reasonable expenses, while regulatory fines (eg, under the Pollution Control Act ( Forurensningsloven ), Section 73) are forward-looking enforcement tools imposed by authorities, not punitive civil awards. 10.3 Class or Group Actions Under Norwegian law, collective redress for envi- ronmental-related civil claims is available primarily through gruppesøksmål (group actions) under the Dis- pute Act ( Tvisteloven ), which are narrower and more court-gated than many common law class action regimes. Group actions require court approval and may be brought only where: • multiple claimants have claims or obligations on the same or substantially similar factual and legal basis;
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