Mining

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd (2011) NSWLEC 195 (10 November 2011)

 

This was an appeal brought by a third party objector (ICAG) against the Minister of Planning’s decision to approve the extension of an existing coal mine. The objections raised in this appeal focused on the impacts of the coal mine extension on biodiversity (especially the threatened Giant Barred Frog), water quality impacts, health impacts from particulate matter, noise pollution, and dust emissions.

 

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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. 

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Australian Conservation Foundation v. Minister for Planning [2004] VCAT 2029

Environmental groups challenged an amendment to the provisions of a local planning scheme that was necessary for the expansion of the Hazelwood coal mine in southeastern Australia. The petitioners claimed that the environment effects statement (EES) should have included analysis of the impacts of carbon emissions when the coal is later burned.

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Pac Rim Cayman LLC. v. The Republic of El Salvador

Pac Rim Cayman LLC. v. The Republic of El Salvador, ICSID Case No. ARB/09/12  (October 14, 2016)
International Centre for Settlement of Investment Disputes

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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.

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Alberto Castilla c/ Estado de Colombia

Sentence C-035/16 of the Constitutional Court of Colombia (Alberto Castilla et al v. Colombia)

Citizens presented constitutional claims against several provisions of the laws that approved the 2010-2014 National Development Plan (Law 1450 of 2011) and the 2014-2018 National Development Plan (Law 1753 of 2015).  

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Yount v. Salazar

Yount v. Salazar, Case No. CV11-8171 PCT-DGC (D. Ariz. 2014)
U.S. District Court for the District of Arizona

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Warkworth Mining Ltd. v. Bulga Milbrodale Progress Ass’n Inc.

Warkworth Mining Ltd. v. Bulga Milbrodale Progress Ass’n Inc. [2014] NSWCA 105
New South Wales Court of Appeal

A mining company applied to expand an existing open-cut coal mine, the Warkworth Mine, located in the Hunter Valley of the state of New South Wales.  The company sought to mine areas that had previously been deemed uneconomical due to lower coal prices.  These areas had been designated previously as “non-disturbance” areas under prior authorizations. 

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Sudiep Shrivastava v. Union of India

Sudiep Shrivastava v. Union of India, Appeal No. 73/2012 (March 24, 2014)
National Green Tribunal 

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