Constitutional Court nullified law allowing mining in páramos (high-elevation wetlands), despite a general moratorium on mining activities in these ecologically important areas. Because páramos provide environmental services in regulating the hydrological cycle and sequestering carbon, the Court decided the government must protect páramos as part of its duty to fulfill the fundamental constitutional rights to water and a healthy environment.
Reviewing question of whether an EIA for a coal mine, should have considered the impact to the climate of burning the coal, the judge declared, “I consider there is a sufficiently proximate link between the mining of a very substantial reserve of thermal coal in NSW . . . and the emission of GHG which contribute to climate change/global warming . . . to require assessment of that GHG contribution of the coal when burnt in an environmental assessment….”
This project has been made possible by the generous
support of the Philip Stoddard Brown and Adele Smith Brown Foundation