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Blue Moon Metals - Request For Action Regarding Nussir and Repparfjorden

September 10, 2026 - Viceroy wrote to the ESA to:

  1. Proceed promptly to a reasoned opinion under Article 31 of the Surveillance and Court Agreement if, after considering Norway's observations, ESA maintains its findings.

  2. ask Norway to provide a dated, project-specific compliance plan for Nussir and Repparfjorden, identifying the assessment, decision and protective measures by which it proposes to remedy the breach.

  3. seek Norway's undertaking that no mine tailings will be deposited in Repparfjorden unless and until a lawful Article 4(7) assessment has been completed and every cumulative condition is satisfied; and

  4. if compliance is not secured within the period fixed, refer the matter to the EFTA Court and consider requesting interim measures before disposal begins.

We ask this now because Blue Moon Metals is continuing construction toward 2027 production, and Norway has yet to identify any project-specific remedy for the breach set out in ESA Decision 081/26/COL.

ESA's letter of formal notice concluded that Norway failed to fulfil Article 4(1), read with Article 4(7), of the Water Framework Directive by authorizing and maintaining in force the disposal of mining waste in Repparfjorden indre and Repparfjorden ytre without a valid derogation.

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