South Asia

Writ Petition No. 30237 of 2018 and Writ Miscellaneous Petition No. 35289 of 2018, Madras High Court, 19.11.2018

The Madras High Court determined that the operator of a coal-fired power plant isn't beneficially utilizing fly ash, as required by the fly ash utilization notification of 03/11/2009, among other regulatory violations, which are causing environmental degradation and health hazards that may result in irreparable loss. Accordingly, the court ordered an ad-interim injunction restraining the operator from dumping material that would affect the marsh land in Vallur Village, Tamil Nadu.

Supreme Court Judgement Iron Ore Mining Goa 2018

Petition: Ridhima Pandey v. Union of India (March 2017)

Sunil Dahiya v. Union of India, Orig. App. No. 315 of 2016 (17 January 2018) (National Green Tribunal New Delhi)

Petitioners asked the National Green Tribunal to require the Ministry of Environment, Forest & Climate Change to implement restrictions on water consumption and emissions adopted in 2015 for new thermal power plants. The Ministry had requested the Supreme Court grant an extension on the required timeline for implementing the regulation.

Salim v. State of Uttarakhand, Writ Petition (PIL) No.126 of 2014 (December 5, 2016 and March 20, 2017)

Salim v. State of Uttarakhand, Writ Petition (PIL) No.126 of 2014 (December 5, 2016 and March 20, 2017)
High Court of Uttarakhand

NOTE: In July 2017, the Supreme Court of India issued a stay of the High Court’s order. The appeal has not yet been decided.

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Mohammed Salim filed public interest litigation in the High Court of Uttarakhand concerning illegal construction and encroachments along the Ganges River, as well as the failure to constitute the Ganga Management Board, as required by the Uttar Pradesh Reorganisation Act, 2000.

Lungowe v. Vendanta Resources PLC

Lungowe v. Vendanta Resources PLC [2016] EWHC 975 (TCC) (May 7, 2016)
England and Wales High Court (Technology and Construction Court)

More than 1,800 residents of four Zambian communities near the Nchanga copper mine brought an action in the UK against Vendanta Resources (Vendanta) and Konkola Copper Mines (KCM) for harm arising out of pollution and environmental damage caused by mining operations.

Gauri Maulekhi v. Union of India

Gauri Maulekhi v. Union of India, Original Application No. 486 of 2014 (May 4, 2016)
National Green Tribunal

A community member filed a case with the National Green Tribunal to force regulators to control toxic effluent and fly ash being discharged by a paper manufacturer, Century Pulp and Paper (“Century”) .

Coastal Gujarat Power Limited, CAO Report

Coastal Gujarat Power Limited, CAO Audit of IFC, CAO Compliance, C-I-R6-Y 12-F160 (January 14, 2015)

Pro Public v. Godavari Marble Industries Pvt. Ltd.

Pro Public v. Godavari Marble Industries, 068–WO–0082 (April 15, 2016)
Supreme Court of Nepal

Over a 20 year period, advocate Prakash Mani Sharma and the NGO Pro Public pursued public interest litigation to close a marble mine in the Godavari hills outside Kathmandu, Nepal. The Godavari area is described as a “living museum” of cultural and biological significance and has been negatively impacted by the mining operations.

Save Mon Region Federation v. Union of India

Save Mon Region Federation v. Union of India, Appeal No. 39 of 2012
National Green Tribunal (April 7, 2016)

The Save Mon Region Federation, on behalf of the Monpa indigenous community, challenged the environmental clearance granted for the construction of a hydroelectric dam on the Naymjang Chhu River. The Federation pointed to faults in the environmental impact assessment (EIA) procedure and a lack of close scrutiny of the project by the expert appraisal committee (EAC).

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