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Bosnia and Herzegovina: FBiH Supreme Court annuls permit for Poklečani wind farm over legal irregularities

The Supreme Court of the Federation of Bosnia and Herzegovina (FBiH) has overturned the urban planning permit for the proposed Poklečani wind farm in the municipality of Posušje, citing procedural and legal violations in the original approval process.

The ruling follows a request for an extraordinary judicial review, concluding that the Federal Ministry of Spatial Planning failed to adhere to proper legal standards. The case has been sent back for reconsideration.

Although the Ministry of Spatial Planning of the West Herzegovina Canton had issued a conditional positive opinion—based on the completion of all required environmental documentation—the project faced strong opposition from residents and environmental groups. Concerns were raised about potential impacts on the environment, cultural heritage, public health, and human rights.

The court noted that the permit granted to state-owned utility Elektroprivreda HZHB included multiple conditions related to environmental protection, infrastructure safety, and administrative compliance. However, it found parts of the process to be unlawful and irregular, justifying the annulment.

Local residents, supported by the Aarhus Center in Bosnia and Herzegovina, have consistently objected to the wind farm’s location near a protected area, warning of threats to biodiversity and local livelihoods.

This ruling marks a significant milestone for environmental and community advocacy, reinforcing the importance of legal oversight and environmental due diligence in energy development projects. The renewed review process offers an opportunity for a more comprehensive legal and environmental assessment.

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