Czech Supreme Administrative Court backs Chvaletice power plant in fight over emissions exemption

Chvaletice Power Plant in the Pardubice Region, which lost its exemption from emissions limits at the end of last year, has won its appeal on points of law. The Supreme Administrative Court (NSS) today overturned a ruling by the regional court in Olomouc, which had deemed the official decision granting the exemption insufficiently substantiated and had emphasised the principle of environmental protection in general. The NSS, however, does not believe that the emissions exemption could cause serious environmental pollution or endanger a high level of environmental protection. The full judgment is available on the official notice board. The regional court will rule on the case again.

„In the case currently under review, the NSS found no circumstances suggesting that the requested emissions exemption for Chvaletice Power Plant could contribute to air quality limit values being exceeded. On the contrary, the administrative authorities concluded in their decisions that air quality standards have been met over the long term in the most affected area (the municipality of Spytovice),“ the judgment says.

Chvaletice Power Plant is the country’s newest lignite-fired power plant and has been in operation since 1979. Severní energetická (Sev.en) bought the plant from ČEZ in 2013 for CZK 4.12 billion. Last year, it generated a record 4.9 terawatt-hours (TWh) of electricity. It has undergone a costly renovation in the past. To meet the required emission limits for mercury and nitrogen oxides, it would have to invest further substantial sums. The exemption allows the original limits to remain in place temporarily.

The official decision granting the exemption was first issued by the Regional Authority of the Olomouc Region and later by the Ministry of the Environment. Hnutí Duha and the Frank Bold Society association then brought the case before the Olomouc branch of the regional court.

According to the NSS, the administrative authorities’ decisions contain a detailed and careful assessment of the exemption’s environmental impact. „The conclusions cited follow the requirements set out in the Ministry of the Environment’s methodology. Where a criterion was assessed negatively, the decisions also explain why such an assessment does not warrant rejecting the application for an emissions exemption,“ the NSS ruled.

In its latest ruling, the administrative court also called on the judiciary to exercise restraint when assessing certain technical questions. „Expert assessment of a case and the choice of a specific, appropriate solution are primarily matters for people with the relevant education and expertise. It is therefore appropriate for administrative courts to proceed with particular caution when reviewing technical questions,“ the NSS said.