Nature Association and Others v. Manisa Governorship and Others

Marmara Lake, located in the city of Manisa, Turkey, was designated as a wetland of national importance in 2017 and has since been protected under the Regulation on Conservation of Wetlands. The lake is an alluvial barrier lake and serves as an important carbon sink. To provide water to the city of Izmir, the government allocated water resources to the Gördes Dam, which led to a depletion of resources for Marmara Lake, causing it to dry up over the last ten years, losing almost ninety-eight percent of its surface area. In 2022, a lawsuit was filed regarding rent and an order of payment that the government sought from the fishers. The court ruled in favor of the claimants, who then filed another lawsuit against several government agencies for allowing the area, formerly known as Lake Marmara, to be used for agricultural activities through the “Cooperation Protocol on Rehabilitation of Marmara Lake Wetland,” dated November 4, 2022. The discovery and expert examination of the lake within the file occurred on March 25. Following this examination, the experts submitted a report to the court on July 1, 2024. The report stated, "Marmara Lake is suitable for regaining its wetland and lake characteristics as a result of relevant activities and natural factors." In the expert report, it was also concluded that “the planned agricultural activities in the lake basin under the protocol will negatively impact the potential for the lake to return to a wetland in the future. These activities will adversely affect the lake basin, groundwater and surface waters, as well as the ecosystems in the lake basin and its surroundings. Furthermore, the relevant protocol and commission decision do not comply with Environmental Law No. 2872 and the associated regulations and legislation." In response to the expert report, the court decided to stay the execution, noting that the number of days without rain has increased due to climate change, normal rainfall has decreased, and heavy rainfall has risen. Consequently, the court emphasized the importance of wetlands, stating that the lake area might be needed in emergency situations. Following the final hearing on November 4, 2024, the court stated that the expert report evaluated the potential damage to the wetland caused by agricultural activities and the chemicals used in these activities, as well as the disruption of the ecological integrity, structural balance, and ecosystem structure of the wetland resulting from the conversion of the lake into an agricultural area. It was determined that the transactions related to the “Marmara Lake Wetland Rehabilitation Collaboration” protocol and the decisions of the National Wetland Commission regarding the approval and implementation of the boundaries of the revised Marmara Lake Wetland Protection Zones are unlawful. Consequently, the court canceled the cooperation protocol and the boundary revision decision on November 6, 2024, stating that the implementation of the mentioned protocol and decisions would cause damage that is difficult or impossible to compensate for when considering the environmental impacts.