Identifier
Created
Classification
Origin
09OSLO375
2009-06-03 13:52:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Oslo
Cable title:  

NORWAY: SUPREME COURT RULES IN FAVOR OF THE

Tags:  ABLD AMGT ASEC KLIG NO 
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VZCZCXYZ0001
RR RUEHWEB

DE RUEHNY #0375 1541352
ZNR UUUUU ZZH
R 031352Z JUN 09
FM AMEMBASSY OSLO
TO SECSTATE WASHDC 7549
UNCLAS OSLO 000375 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: ABLD AMGT ASEC KLIG NO
SUBJECT: NORWAY: SUPREME COURT RULES IN FAVOR OF THE
NEC

REF: A) Oslo 363
B) Oslo 110
C) 08 Oslo 501 and previous

UNCLAS OSLO 000375

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: ABLD AMGT ASEC KLIG NO
SUBJECT: NORWAY: SUPREME COURT RULES IN FAVOR OF THE
NEC

REF: A) Oslo 363
B) Oslo 110
C) 08 Oslo 501 and previous


1. (U) Summary: The Norwegian Supreme Court on May 29
ruled unanimously against opponents of our NEC.
Rejecting arguments that there had been inadequate
consideration of alternative locations, the high court
sustained the Oslo City CouncilQs decision in December
2005 to rezone our ten-acre site in Huseby for NEC
construction. Media coverage, both print and broadcast,
was extensive. Post looks forward to working with OBO
and the Oslo Planning and Building Authority to finalize
the NEC design. End Summary.


2. (U) On May 29 NorwayQs high court announced to a
packed courtroom that our opponents had no grounds for
invalidating the Oslo City CouncilQs decision in December
2005 to rezone our ten-acre site in Huseby for NEC
construction. At issue was whether the required
environmental impact statement should have included a
more thorough analysis of alternative locations.
Documents submitted to the court showed that the U.S.
Government had evaluated over two dozen properties, with
Huseby having emerged as the superior location by virtue
of its size and proximity to government ministries.


3. (U) Opponents of the NEC immediately lambasted the
ruling, decrying the loss of green space. A spokesperson
said she would ask the City Council to consider a smaller
NEC footprint; however, one city councilor, also present
for the courtQs ruling, said that the Supreme CourtQs
unanimous decision had settled the issue as far as the
City Council was concerned.


4. (U) Media coverage was extensive. The embassy sent
out a written statement from Ambassador Whitney on Friday
afternoon, which was picked up by several papers and news
sites. The Ambassador conducted interviews with national
public broadcaster NRKQs local TV and radio news, news TV
channel TV2 Nyhetskanalen live for its 5 p.m. newscast,
and the newspaper of record, Aftenposten. The court
decision was featured as the top story on the NRK local
news for Oslo on Friday evening. It was also covered in
the Saturday paper editions of Aftenposten and NorwayQs
largest newspaper, VG. The media coverage was generally
sympathetic to the defeated plaintiffs, but also
mentioned the EmbassyQs good intentions and its need for
a more secure site.


5. (SBU) Comment: The Supreme CourtQs unanimous
decision represented the culmination of a seven-year
search process and nearly four years of ongoing drama,
including a down-to-the-wire vote in the City Council, an
appeal to the governor, and two lower court rulings, all
in favor of the NEC. Our opponents have exhausted their
legal options but could continue to be a nuisance through
negative articles in the press or other protests. We are
hopeful that the Department will identify funding so that
our architects can modify the NEC design and gain final
approval from the City of Oslo. An extended delay by the
USG could also potentially reopen the political angle on
this case after national elections this fall. Moving
expeditiously is our best way of preserving this hard-won
success. End Comment.


6. (U) Post wishes to express its thanks to
Undersecretary for Management, Pat Kennedy, to OBO Acting
Director Adam Namm, and to EUR Executive Director Tom
Tiernan for their steadfast support and to everyone in
OBO and L who worked long hours to provide information
needed to meet urgent court deadlines.

WHITNEY