Environmental organisations have launched legal proceedings against the European Commission before the Court of Justice of the European Union over Brussels’ decision to classify the proposed lithium mine in Covas do Barroso as a “strategic project” under the EU’s Critical Raw Materials Act.
The action has been brought by the Association United in the Defence of Covas do Barroso (UDCB) and environmental law group ClientEarth. The groups argue that the Commission failed to properly assess the sustainability of the open-pit mining project, despite detailed submissions outlining environmental, social and safety concerns.
According to the applicants, the Commission declined to revisit its designation even after evidence was presented highlighting risks related to water scarcity, biodiversity loss, impacts on protected species and the safety of planned tailings storage infrastructure. The NGOs contend that by limiting its review to identifying “manifest errors” in project applications, Brussels effectively sidestepped its broader obligations under EU environmental law and the Critical Raw Materials Regulation.
In its earlier response, the Commission reportedly maintained that core environmental concerns fall primarily within national jurisdiction. The NGOs argue this interpretation weakens environmental safeguards and marginalises affected local communities, particularly in rural regions such as Covas do Barroso.
By bringing the case to Luxembourg, the organisations are asking the Court to annul the Commission’s decision and clarify that projects labelled as “strategic” must demonstrably comply with sustainability standards and EU environmental principles.
Opposition to the lithium project has persisted for more than eight years, with local residents and civic groups repeatedly challenging permitting decisions. The latest legal move marks a significant escalation in a long-running dispute over how Europe balances critical mineral supply ambitions with environmental protection and community rights.
