(News article from March 22, 2018) The Swedish Transport Administration has chosen to appeal the ruling to the Land and Environment Court of Appeal in two respects.
The appeal is partly based on the Swedish Transport Administration's petition for a supplementation, which provides an opportunity to, in special cases, apply for an exemption from the regulatory authority with respect to environmentally disruptive activities.
"Generally, we are happy with the content of the ruling," says Ulf Edling, legal advisor at the Transport Administration. "But we believe that the possibility of not being able to apply for exemption for environmentally disruptive activities could create problems. Especially when it comes to the Olskroken grade-separated junction, where some rail work must be performed at night so as not to interfere with railway traffic."
The Swedish Transport Administration also petitions for the ruling to be availed of even if it has not yet gained legal force – i.e. that enforcement is granted in order to begin construction work regulated in the ruling.
"We believe that there is no reason why enforcement should be rejected since the ruling itself is nonetheless conditional on the detailed development plans* gaining legal force," says Ulf Edling. "From our perspective, this decision is not in agreement with what is customary in other cases that concern large infrastructure projects."