Cases

Sentence SU698/17 (Arroyo Bruno case), Constitutional Court of Colombia

Representatives of indigenous communities presented constitutional claims against government authorities and a mining company (Cerrejón) for threatening their fundamental rights to water, food sovereignty, and health by diverting a 3-kilometer section of a stream (Arroyo Bruno) in order to expand coal-mining operations in an arid region of the Department of La Guajira in Colombia.

Him Jagriti Uttaranchal Welfare Society v. India, No. 15/2014, National Green Tribunal (Principal Bench) (31 May 2019)

Him Jagriti Uttaranchal Welfare Society v. India, No. 15/2014, National Green Tribunal (Principal Bench)  (31 May 2019)

The National Green Tribunal Order issued on 31 May 2019 creates an expert committee to investigate whether restriction of plastic packaging is needed. 

 

Cosmo Trust v. City of Harare, Administrative Court of Zimbabwe (Harare) (22 March 2019)

“[O]ur Constitution gives every Zimbabwean the right to have the environment protected for the benefit of present and future generations.  That is done through legislative and other measures that prevent ecological degradation, promote conservation and secure ecological sustainable development.  Ecologically sustainable development ensures that all living creatures, including birds, are enableed to meet their needs from the environment we rely on.

Ashgar Leghari v. Federation of Pakistan

Ashgar Leghari v. Federation of Pakistan (W.P. No. 25501/2015)
Lahore High Court Green Bench

A farmer filed a public interest litigation alleging the government of Pakistan’s inaction and delay in implementing the National Climate Change Policy and addressing vulnerabilities associated with climate change violates the fundamental constitutional rights to life and dignity. 

In its first order, issued 4 September 2015, the Green Bench declared:

Greenwatch v AG & NEMA (MISC. CAUSE NO.140 OF 2002) [2002] UGHC 205 (5 October 2002)

The High Court of Uganda (Kampala) declared that “the manufacture, distribution, use, sale, sell disposal of plastic bags, plastic containers, plastic food wrappers, and all other forms of plastic commonly referred to as ‘kaveera’ violates the rights of citizens of Uganda to a clean and healthy environment.”

European Commission v. Federal Republic of Germany (C-142/16) (European Court of Justice, Second Chamber) (26 April 2017)

European Commission v. Federal Republic of Germany, Case C 142/16 (April 26, 2017)
European Court of Justice
 

German officials authorized construction of the Moorburg coal-fired power plant in the port of Hamburg along the Elbe River.  The river serves as the migratory route for fish listed in Annex II of the European Union (EU) Habitats Directive. 

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