TSJC Upholds Rejection of Aggregate Extraction Project in La Oliva

The court confirms the Canary Islands Government’s decision not to start the environmental assessment of a limestone sand quarry planned for 30 years

The Content Section – 9 March 2026, 10:55

The Administrative Litigation Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has upheld the Canary Islands Government’s decision to reject the processing of a sand‑extraction project in the municipality of La Oliva, Fuerteventura.

The court dismissed the appeal filed by Arenera Góngora Gutiérrez, which sought to launch an environmental impact assessment for a project titled “Modified and Improved Exploitation of Limestone Sands”, referring to the quarry located in the Barranco de Los Encantados.

The ruling confirms the 2022 resolution of the Vice‑Ministry for Climate Change and Ecological Transition, which decided not to admit the start of an environmental assessment on the grounds that the project had already been examined and had received an unfavourable environmental impact declaration in 2019.

A Project Considered “Substantially the Same”

According to the judicial decision, although the company submitted a modified version of the project, the court concluded that it is a “substantially analogous” initiative to the previous one.

The main difference was a reduction in the affected area, from 801,700 m² to 118,889 m², but the project retained key elements such as the location, the open‑pit extraction method, an estimated production of 40,000 m³ per year, and an operational phase planned for about 30 years.

For this reason, the TSJC holds that no relevant environmental changes are introduced compared with the already rejected project, justifying the inadmissibility of the new procedure.

Protected Area and Hubara Habitat

The area proposed for exploitation lies on rustic land of high natural value, within the Special Protection Area for Birds (ZEPA) Lajares, Esquinzo and Costa del Jarubio, which is part of the Natura 2000 network.

In addition, the site belongs to the Fuerteventura Biosphere Reserve and is identified as habitat for the hubara, an emblematic island species whose population has been affected—among other factors—by sand extraction.

The court also notes that the project lacked favourable reports from the Cabildo of Fuerteventura and the Biosphere Reserve Council, and it did not include specific studies on its impact on this protected species.

Possible Appeal to the Supreme Court

With this decision, the TSJC confirms the legality of the administrative resolution that halted the extraction initiative. The promoting company could still file a cassation appeal before the Supreme Court if it can demonstrate a casational interest.

For now, the ruling provides a new judicial backing for the environmental protection of the area where the mining activity was proposed.