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ELAW Digest




An annual compilation of important
environmental law decisions




ELAW Digest

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Recently Added Cases

Friends of the Irish Environment CLG v. Fingal County Council [2017] IEHC 695 (Nov. 21, 2017)
Region and Country:
Western Europe, Ireland
Year:
2017
Topic:
Constitutions
Summary
In the context of reviewing a planning decision allowing expansion of Dublin’s airport, the High Court of Ireland declared that Ireland’s constitution protects the personal right to an environment that is consistent with the human dignity and well-being of citizens at large.
Inter-American Court of Human Rights -- Advisory Opinion (OC-23/17)
Year:
2018
Topic:
Climate Change, Litigation, Human Rights, Inter-American human rights system
United Soils Management Ltd. v. Mohammed, 2017 ONSC 4450 (25 July 2017) (Ontario, Canada)
Region and Country:
North America, Canada
Year:
2017
Topic:
SLAPP Suits, Slander/libel/defamation
Summary
A court summarily dismissed a defamation action brought against a community member who posted concerns on Facebook about potential contamination from a nearby gravel pit. The community member’s statements were valid expressions related to a matter of public interest.
European Commission v. Federal Republic of Germany, Case C 142/16 (April 26, 2017)
Region and Country:
Western Europe, Germany
Year:
2017
Topic:
Energy, Coal and gas power plants, Environmental Impact Assessment
Summary
Germany violated the European Union Habitats Directive by approving construction of a coal-fired power plant without conducting a comprehensive environmental impact assessment.
Tennessee Clean Water Network v. Tennessee Valley Authority, No. 3:15-cv-00424 (M.D. Tenn. August 4, 2017)
Region and Country:
North America, United States of America
Year:
2017
Topic:
Coal and gas power plants, Water Pollution, Industrial water pollution
Summary
A utility company violated the Clean Water Act when it disposed of coal ash into unlined ponds, which leaked contaminants via groundwater to an adjacent river. The court directed the utility company to excavate the coal ash and move it to a dry lined disposal location.
Fishermen and Friends of the Sea v. The Minister of Planning, Housing and the Environment [2017] UKPC 37 (Nov. 27, 2017)
Region and Country:
Caribbean, Trinidad And Tobago
Year:
2017
Topic:
Administrative Law, Polluter Pays Principle
Summary
Trinidad and Tobago’s flat fee system for obtaining water pollution permits, which does not provide adequate funds to correct environmental damage, violates the polluter pays principle.
Salim v. State of Uttarakhand, Writ Petition (PIL) No.126 of 2014 (December 5, 2016 and March 20, 2017)
Region and Country:
South Asia, India
Year:
2017
Topic:
Constitutions
Summary
The rivers Ganga and Yamuna are accorded the status of a legal person with all corresponding rights, duties and liabilities of a living person in order to preserve and conserve the waterways.
Yaiguaje v. Chevron Corporation [2017] ONCA 827
Region and Country:
North America, Canada
Year:
2017
Topic:
Access to Justice, Attorney fees and costs
Summary
The Court of Appeal for Ontario set aside an order directing Ecuadorian plaintiffs to provide substantial security for costs on appeal, recognizing “the unique factual circumstances of this case compel the conclusion that the interests of justice require that no order for security for costs be made.”
In re Application of Maui Electric Company, Case No. SCWC-15-0000640 (Dec. 14, 2017)
Region and Country:
North America, United States of America
Year:
2017
Topic:
Access to Justice, Coal and gas power plants, Right to Healthy Environment
Summary
An environmental organization has constitutional right to intervene in public utility proceeding concerning a power purchase agreement. The right to a clean and healthful environment guaranteed by the Hawaiian constitution is a property right that is protected by due process and the utility commission must consider impacts to that right in determining whether to approve a power purchase agreement.
Montana Environmental Information Center v. U.S. Office of Surface Mining
Region and Country:
North America, United States of America
Year:
2017
Topic:
Climate Change, Environmental Impact Assessment, Mining, Coal mining
Summary
A U.S. court blocked the proposed expansion of an underground coal mine because the environmental assessment (EA) lacked sufficient analysis of the indirect and cumulative impacts of coal transportation and coal combustion. The EA also improperly emphasized the benefits of additional coal mining to the local economy while ignoring the costs of anticipated greenhouse gas emissions from burning the coal.
Earthlife Africa Johannesburg v. Minister of Environmental Affairs and others, Case no. 65662/16 (2017)
Region and Country:
Sub-Saharan Africa, South Africa
Year:
2017
Topic:
Climate Change, Energy, Coal and gas power plants, Environmental Impact Assessment
Raub Australian Gold Mining Sdn. BHD v. Hue Shieh Lee
Region and Country:
East Asia, Malaysia
Year:
2016
Topic:
Access to Justice, SLAPP Suits
Summary
A Malaysian court declared that statements made by a community activist concerning the results of a community health survey are not defamatory.
  • About Us
    • Mission & History
    • ELAW Network Group
    • ELAW U.S. Team
    • ELAW U.S. Board of Directors
    • ELAW U.S. Financial Information
    • Goldman Prize Winners
  • What We Do
    • Strategies & Programs
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    • Explore Our Work
    • Fellows Program
    • Annual Meetings
    • 25 Years, 25 Victories
  • Resources
    • ELAW U.S. Publications
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    • Climate Litigation Strategies
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    • ELAW Digest
    • Mangrove Science Database
    • EIA Law Matrix
  • Get Involved
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    • Get Involved!
    • ELAW Legal Internships
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Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
U.S. Office: 1412 Pearl St, Eugene, OR 97401
U.S. Phone: +1 541 687 8454 | Fax: +1 541 687 0535
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Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
U.S. Office: 1412 Pearl St, Eugene, OR 97401
U.S. Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org
DONATE |
SUBSCRIBE |
LOGIN
Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
U.S. Office: 1412 Pearl St, Eugene, OR 97401
U.S. Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org