Press release

EU Commission sued by NGOs and communities over Barroso lithium mine decision

05 February 2025

Environmental organisations and community groups have taken the European Commission to the European Court of Justice over its decision to grant “strategic project” status to the Portuguese Mina do Barroso lithium mine. They warn that the Commission’s approach sets a dangerous precedent for environmental protection, public participation and the rule of law in the EU.

Associação Unidos em Defesa de Covas do Barroso (UDCB) and ClientEarth filled the case today after the Commission refused to reconsider its decision under the Critical Raw Materials Act (CRMA), despite detailed evidence showing that the project poses serious environmental, social and safety risks.

The organisations argue that the Commission did not fulfil its obligation to assess the sustainability of the project when designating it as ‘strategic’. In particular, the Commission overlooked obvious gaps in the assessment of environmental impacts, including impact on protected species and the safety of the planned tailings storage facility. They say this contradicts both EU environmental law and the Commission’s own stated commitment to source the raw materials it needs through sustainable mining practices.

In its response to the groups’ complaint, the Commission claimed that key concerns – including water scarcity, biodiversity loss and tailings safety – fall under national responsibility. The Commission considers that its role, when endorsing the project as sustainable at the EU level, is limited to spotting obvious mistakes in project applications. The Commission stated that they would only refuse a strategic status “if it is manifestly clear that the project would not be implemented sustainably”. The NGOs argue that this approach ignores requirements intended to protect nature and human health, sidelining affected communities.

By bringing the case before the European Court of Justice, the coalition is asking the Court to annul the Commission’s decision and clarify the obligations of the Commission under the Critical Raw Materials Act to ensure the projects it endorses employ sustainable mining practices.

The coalition said:

“We are going to court because the Commission’s decision undermines fundamental EU legal principles. Labelling a project ‘strategic’ and in the public interest while turning a blind eye to well-documented risks to water, ecosystems, human health and local livelihoods is simply unacceptable. The energy transition must be based on law, science and justice – not political shortcuts that turn rural regions into sacrifice zones.”

Local communities in Covas do Barroso continue to oppose the project, warning that it threatens their land, water resources and traditional ways of life in a region recognised for its cultural and environmental value.

The organisations added:  

“Securing access to critical raw materials cannot come at the expense of environmental protection, public participation or community rights. Yet alternatives – including reducing demand and investing in recycling – continue to be ignored.”

ENDS

Notes to editors:
  • The case is being brought by UDCB and ClientEarth before the European Court of Justice. The challenge follows the European Commission’s decision to grant Mina do Barroso ‘strategic project’ status under the Critical Raw Materials Act. The complaint was filed by UDCB, MiningWatch Portugal and ClientEarth on 12 June 2025.
  • The Mina do Barroso mine was conditionally approved by the Portuguese Environment Agency in May 2023, despite local and expert opposition.
  • A recent study by expert Douw Steyn has identified serious flaws in the air-quality assessment of the Barroso Mine Environmental Impact Study, including insufficient data, unrealistic modelling, and significant omissions. He considers the issuance of a favorable environmental declaration “surprising,” arguing that the conclusions of public authorities contradict the available evidence.
  • Studies have shown that a societal shift away from private cars – such as creating walkable cities with good public transport – would greatly limit the rise in demand for lithium, as would halting the surge in SUVs that need big batteries. 
  • Experts also call for reducing lithium demand as a way of meeting societal needs while staying within planetary boundaries.
  • The Critical Raw Materials Act was adopted in 2024 to secure Europe’s access to essential materials for the green and digital transitions. The EU is also developing a Water Resilience Strategy to address increasing water scarcity, pollution, and the impact of climate change on water resources.
  • A United Nations committee has raised concerns about transparency and public participation in the project’s licensing process.
About ClientEarth

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.

About UDCB

Unidos em Defesa de Covas do Barroso (UDCB) is a local non-profit association that defends the environment, heritage and quality of life in Covas do Barroso.
We work to maintain the sustainable way of life that characterises the Barroso region and ensure that it continues to play its part in tackling climate change.
We defend the land and the community from projects that threaten our collective future and identity. We are people committed to the principles of communitarianism, respect for nature and the right to active civic participation and collective self-determination.