“I would like to emphasize that the ruling in the present case does not result in the suspension of the operation or even the closure of the Turow mine,” said WSA Judge Jarosław Łuczaj in his first words as to the justification of the verdict.

He then added, that although the court “agrees with the complaining environmental entities regarding the effects of burning fossil fuels, these circumstances could not affect the assessment of the environmental conditions for the implementation of the project.”

“The court’s assessment was not subject to the state’s energy policy at all,” Judge Luczaj stressed.

On the other hand, the court said, the only reason for revoking the decision were allegations referring to an agreement between the governments of Poland and the Czech Republic on cooperation in addressing the effects of the mine. The agreement was signed on February 3, 2022.

“Such an agreement is relevant to acts of application of the law, and such an act of application of the law is undoubtedly the decision on environmental conditions for the implementation of the project. [...] Meanwhile, the authority in the contested decision explicitly recognized that it is not relevant to the decision in this case. In the court’s view, such a position is wrong,” Judge Luczaj concluded.

The case was initiated by complaints from environmentalists and German local government officials from border areas regarding the September 30, 2022, environmental decision of the GDOŚ pertaining to the “Continuation of exploitation of the Turów lignite deposit, implemented in the Bogatynia municipality.”

The decision of the GDOŚ, which was appealed to the court, partially revoked and partially upheld an earlier environmental decision on the matter issued by the Regional Director of Environmental Protection in Wroclaw. In February 2023, relying precisely on the GDOŚ decision of autumn 2022, the Minister of Climate and Environment extended Turow’s license beyond 2026. - until 2044.