The supersession clause in the statewide Oil, Gas and Solution Mining Law does not preempt the authority vested in municipalities to regulate oil and gas production activities, including hydrofracking, within municipal boundaries.
A U.S. energy regulatory agency violated the National Environmental Policy Act when it issued a certificate authorizing a natural gas company to upgrade part of a pipeline. The agency improperly segmented its environmental review of the project by failing to consider the cumulative and connected impacts of other related pipeline projects in the vicinity.
Court of Appeal quashed certificate issued by the Attorney General attempting to override a decision by the Upper Tribunal directing release of information under the Freedom of Information Act and Environmental Information rules.
National Green Tribunal overturned an environmental clearance issued for a coal-fired power plant proposed by India’s largest thermal power producer. The Tribunal found that environmental information had been concealed and misrepresented, and the EIA and public participation processes were faulty.
Environment minister improperly rejected advice from an expert committee recommending that large-scale coal mining proposal in a forest area not proceed. Although the committee’s advice is not binding on the Minister, it nevertheless cannot be ignored without credible scientific basis.
The Supreme Court of Canada declared that the Tsilhqot’in Nation established title to 1,750 square kilometres of land including areas that are used for hunting, fishing, trapping, foraging and other cultural purposes or practices. The Court declared Aboriginal title holders have the “right to the benefits associated with the land – to use it, enjoy it and profit from its economic development” such that “the Crown does not retain a beneficial interest in Aboriginal title land.”
Upholding Land and Environment Court decision declaring that an open-cut coal mine should not be allowed to expand because the economic benefits of continued mining do not outweigh the impacts to nearby residents and loss of biodiversity.
Court nullified 99-year agricultural lease awarded to oil palm developer. The Minister for Lands failed to obtain proper consent from customary landowners and neglected to conduct adequate consultation prior to issuing the lease.
Decision by Secretary of the Interior to withdraw large parcels of land near Grand Canyon National Park to entry for uranium exploration and mining projects was not arbitrary or an abuse of discretion. Court approved the agency’s “cautious and careful approach” because of the risk of severe groundwater contamination from mining activities and threats to sacred and traditional places of tribal people.
The State of Panama violated the land rights of indigenous communities impacted by the construction of the Bayano dam and failed to provide adequate judicial protection for the communities to protect their ancestral lands. The Inter-American Court of Human Rights directed the State of Panama to, among other things, demarcate community lands and pay compensation.
The government of Uganda violated constitutional rights when it failed to pay prompt and prior compensation to landowner before expropriating land for road construction. The Land Acquisition Act must be read in conformity with the constitution, which protects the right to be compensated before land may be acquired in the public interest. The Court also established rules on the award of costs in public interest litigation.
A private, commercial entity is considered a “public authority” for the purposes of environmental information regulations if the entity does not determine in a genuinely autonomous manner the way in which it provides services.