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Notable Cases




A compilation of important
environmental law decisions




Notable Cases

 

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Collins v. Environmental Protection Agency, No. 2022-HC-DEM-CIV-FDA-1314
Region and Country:
Guyana
Year:
2023
Topic:
Access to Information, Offshore oil & gas
Daniel Billy & Ors. v. Australia, CCPR/C/135/D/3624/2019
Region and Country:
Australia
Year:
2022
Topic:
Climate Change, Human Rights, Indigenous Peoples
PSB, P-SOL, PT, REDE v. União [2022] ADPF 708 (1 July 2022) (published 11 July 2022)
Region and Country:
South America, Brazil
Year:
2022
Topic:
Climate Change, United Nations Framework Convention on Climate Change, Human Rights
Sanjay Chandrakant Keluskar v. State of Maharashtra & Ors., Orig. Application No. 23/2022 (WZ) (National Green Tribunal, Western Zone Bench, Pune) (30 May 2022)
Region and Country:
South Asia, India
Year:
2022
Topic:
Mining, Sand, gravel and aggregate mining
H.P. Ranjanna v. Union of India & Ors., Appeal No. 54/2018 (National Green Tribunal, Principle Bench New Delhi) (30 July 2021)
Region and Country:
South Asia, India
Year:
2021
Topic:
Wetlands
Centre for Environmental Justice v. Anura Satharasinghe et. al, W.P. 291 of 2015, Sri Lanka Court of Appeal (16 November 16, 2020) (Wilpattu forest case)
Region and Country:
South Asia, Sri Lanka
Year:
2020
Topic:
Polluter Pays Principle, Protected Areas
Greenwatch v. Attorney General, Misc. Cause No. 232 of 2009 (13 August 2020)
Region and Country:
Uganda
Year:
2020
Topic:
Access to Information
Summary
The High Court of Uganda declared that petroleum production sharing agreements executed between the government of Uganda and numerous oil companies are public documents that are subject to disclosure under Article 41(1) of the Constitution of Uganda and the Access to Information Act.
Vikrant Tongad v. Union of India, W.P. (C) 3747/2020 & CM APPL. 1342/2020 (30 June 2020)
Region and Country:
India
Year:
2020
Topic:
Environmental Impact Assessment, Public participation, Public Participation
Summary
The High Court of Delhi ordered the Ministry of Environment, Forest and Climate Change to provide an additional 60-day period for the public to comment on proposed changes to the environmental impact assessment law. The High Court also directed that the proposal must be translated into all official languages recognized in the Indian constitution to facilitate effective public participation.
Shivpal Bhagat v. Union of India, O.A. No. 104/2018 (27 February 2020)
Region and Country:
South Asia, India
Year:
2020
Topic:
Coal and gas power plants, Coal mining
Summary
The National Green Tribunal ordered coal mining and energy companies to implement a series of measures to reduce environmental pollution and health impacts associated with their facilities operating in the Tamnar and Charghoda coal blocks in the state of Chhattisgarh. The Tribunal declared that no expansion of mining or industrial activities in the area could be approved until a thorough environmental carrying capacity study is completed.
BELA v. Ministry of Agriculture and others, Writ Petition No. 14614 of 2019 (High Court Division of the Supreme Court) (5 January 2020)
Region and Country:
South Asia, Bangladesh
Year:
2020
Topic:
Toxic Substances
Summary
The High Court Division of the Supreme Court of Bangladesh issued a Rule Nisi directing agriculture, health, and environmental ministries in Bangladesh to show cause as to why they should not phase out glyphosate-based pesticides in favor of using safer alternatives. Among other things, the ministries are required to fully study the use and impacts of pesticides, investigate pesticide-related deaths, and immediately implement public awareness campaigns about the risks of using glyphosate-based pesticides.
Muhammad Ahmad Pansota v. Federation of Pakistan, HCJ DA 38, Writ Petition No. 840 of 2019 (24 December 2019)
Region and Country:
Pakistan
Year:
2019
Topic:
Life
Summary
The Lahore High Court affirmed that the right to food is a fundamental right protected by the Constitution of Pakistan, Islamic edicts, and international law. The High Court granted a writ of mandamus directing government authorities to do all in their power to preserve, conserve, and manage food resources to prevent waste and to distribute excess food to people in need.
Jitendra Singh v. Ministry of Environment
Region and Country:
India
Year:
2019
Topic:
Water
Summary
The government of India has a constitutional duty to protect communal water bodies, and the people of India have a right to a healthy environment which encompasses access to water; therefore, the government may not allocate these vital resources to private third-parties for development. Construction of artificial, replacement water bodies will not suffice because the environment cannot be resuscitated by “merely filling a hole with water elsewhere.”
Raub Australian Gold Mining Sdn. BHD v. Hue Shieh Lee
Region and Country:
East Asia, Malaysia
Year:
2019
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.
Gloucester Resources Limited v. Minister for Planning [2019] NSWLEC 7 (8 February 2019)
Region and Country:
Pacific, Australia
Year:
2019
Topic:
Climate Change, Greenhouse gases, Mining, Coal mining
Sierra Club v. U.S. Dept. of the Interior, No. 18-1082 (4th Cir. 2018)
Region and Country:
North America, United States of America
Year:
2018
Topic:
Protected Areas
Summary
A U.S. court vacated a decision granting a right-of-way for a proposed natural gas pipeline that would have crossed a portion of a U.S. national park. The National Park Service failed to provide any explanation justifying its determination that pipeline construction and use would be consistent with the conservation and preservation purposes of the national park.
Mohamed Ali Baadi and Others v. Attorney General, High Court of Kenya at Nairobi (No. 22 of 2012) (April 2018)
Region and Country:
Sub-Saharan Africa, Kenya
Year:
2018
Topic:
Marine and Coastal, Economics, Environmental Impact Assessment, Enforcement, Cumulative Impacts, Public participation, Protected Areas, World Heritage Sites, Public Participation, Healthy Environment
Summary
The High Court of Kenya remanded the environmental license issued for a port project for reconsideration and directed the project proponent to pay Kshs. 1.7 billion in compensation to affected fishing communities who will be impacted by the project. During the reconsideration process, decisionmakers must evaluate the external costs of the port project on the environment and local communities.
Sentencia 4360-2018 de la Corte Suprema de Justicia, Sala de Casacion Civil, M.P. Luis Armando Tolosa Villabona (2018)
Region and Country:
South America, Colombia
Year:
2018
Topic:
Climate Change, Greenhouse gases, United Nations Framework Convention on Climate Change, Forests
Summary
The Supreme Court determined several Colombian authorities responsible for the deforestation in the Amazon and ordered those authorities to develop plans and implement measures to stop the emissions of GHGs and other harmful impacts caused by deforestation in order to protect fundamental rights of Colombians, especially those of children and future generations.
Advisory Opinion (OC-23/17) - Inter-American Court of Human Rights
Region and Country:
Caribbean, Central America, North America, South America
Year:
2018
Topic:
Climate Change, Litigation, Human Rights, Inter-American human rights system
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, 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.
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.
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.
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.”
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.
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, Pollution, Water, 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.
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.
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.
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
United States v. Washington, 853 F.3d 946 (9th Cir. 2017)
Region and Country:
North America, United States of America
Year:
2017
Topic:
Fisheries, Indigenous Peoples
Summary
The State of Washington has violated Tribes' off-reservation fishing rights by building and maintaining culverts under State roads that harm fish habitat and reduce the production of fish. Because (1) currently there is not enough harvestable salmon available to ensure the Tribes a moderate living, (2) the State’s culverts block roughly a thousand miles of streams suitable for salmon habitat, and (3) replacing or modifying those culverts (structures built to allow streams to flow under roads) to allow fish passage would produce several hundred thousand additional mature salmon each year, the State was ordered to identify all state-owned barrier culverts and ensure those culverts allow fish passage (by differentiated deadlines depending on several ecological and economic considerations).
Juliana v. United States
Region and Country:
North America, United States of America
Year:
2016
Topic:
Climate Change, Constitutions
Pac Rim Cayman LLC. v. The Republic of El Salvador
Region and Country:
Central America, El Salvador
Year:
2016
Topic:
Mining
Summary
An international arbitration panel denied a mining company’s claim that the government of El Salvador unlawfully withheld a mining concession permit.
Alberto Castilla c/ Estado de Colombia
Region and Country:
South America, Colombia
Year:
2016
Topic:
Land Rights, Mining, Oil & Gas, Protected Areas, Healthy Environment, Water
Summary
The government of Colombia has a constitutional duty to protect high elevation wetlands that are an important source of fresh water to communities and provide other valuable environmental services.
Save Mon Region Federation v. Union of India
Region and Country:
South Asia, India
Year:
2016
Topic:
Environmental Impact Assessment, Indigenous Peoples, Sustainable Development
Summary
The National Green Tribunal suspended the environmental clearance for a proposed hydroelectric dam until a study is completed to determine the impact of the project on endangered Black-necked cranes and its habitat.
Lungowe v. Vendanta Resources PLC
Region and Country:
South Asia, India
Year:
2016
Topic:
Access to Justice, Corporate Accountability, Mining
Summary
Zambian community members are permitted to pursue claims in English court against a UK mining company and its Zambian subsidiary for environmental harm arising out of copper mining operations in Zambia.
Gauri Maulekhi v. Union of India
Region and Country:
South Asia, India
Year:
2016
Topic:
Access to Justice, Pollution, Water, Industrial water pollution
Summary
The National Green Tribunal fined a pulp and paper mill for discharging pollution into a tributary of the Gola River. Although there are other facilities that contribute to the pollution problem, the pulp and paper mill was still held liable.
Pro Public v. Godavari Marble Industries Pvt. Ltd.
Region and Country:
South Asia, Nepal
Year:
2016
Topic:
Mining, World Heritage Sites, Sustainable Development
Summary
The Nepal Supreme Court directed a marble mine to close operations in order to protect the cultural and biological resources of the Godavari Hills.
Giustiniani, Rubén Héctor v. Y.P.F. S.A
Region and Country:
South America, Argentina
Year:
2015
Topic:
Access to Information, Oil & Gas
Summary
The Argentine Supreme Court ordered a state-controlled oil company to disclose an investment agreement it signed with the Chevron Corporation related to extraction of shale oil and gas.
Ashgar Leghari v. Federation of Pakistan
Region and Country:
South Asia, Pakistan
Year:
2015
Topic:
Climate Change, Constitutions
Summary
Declaring "we need to move to climate change justice," the Lahore High Court Green Bench ordered the government of Pakistan to implement the National Climate Change Policy and convened a Climate Change Commission to oversee and report to the Court on progress.
Ashgar Leghari v. Federation of Pakistan
Region and Country:
South Asia, Pakistan
Year:
2015
Topic:
Climate Change, Constitutions
Summary
Declaring "we need to move to climate change justice," the Lahore High Court Green Bench ordered the government of Pakistan to implement the National Climate Change Policy and convened a Climate Change Commission to oversee and report to the Court on progress.
Chevron Corp. v. Yaiguaje
Region and Country:
North America, Canada
Year:
2015
Topic:
Access to Justice, Corporate Accountability, Financial Liability, Oil & Gas
Summary
A Canadian court has jurisdiction to recognize and enforce a foreign judgment holding an oil company financially responsible for environmental pollution caused by oil development activities in Ecuador.
Greenpeace India Society v. Union of India
Region and Country:
South Asia, India
Year:
2015
Topic:
Access to Justice, NGO - legal issues, Procedural Issues
Summary
The Indian Ministry of Home Affairs acted arbitrarily when it froze an environmental organization’s bank account and blocked access to funds received from foreign sources without any proof that the organization had violated the Foreign Contributions Regulation Act.
ClientEarth v. European Food Safety Authority
Region and Country:
Western Europe
Year:
2015
Topic:
Access to Information
Summary
European Food Safety Authority (EFSA) unlawfully denied access to information including names of experts who commented on an EFSA guidance document regarding authorization applications for pesticides. The court found the disclosure of personal data was necessary to dispel a climate of secrecy to ensure democratic participation in public decision-making.
Resident Marine Mammals of the Protected Seascape Tañon Strait v. Secretary Angelo Reyes
Region and Country:
East Asia, Philippines
Year:
2015
Topic:
Access to Justice, Marine and Coastal, Oil & Gas, Procedural Issues
Summary
The Supreme Court of the Republic of the Philippines ruled that a service contract for oil exploration, development, and production issued by the government of the Philippines in the protected area of the Tañon Strait was unconstitutional.
S.P. Muthuraman v. Union of India
Region and Country:
South Asia, India
Year:
2015
Topic:
Environmental Impact Assessment, Sustainable Development
Summary
Ministry of Environment and Forests acted illegally when it provided an opportunity for project developers to obtain post facto environmental clearance for activities conducted without prior environmental review and authorization.
Urgenda Foundation v. The State of the Netherlands
Region and Country:
Western Europe, Netherlands
Year:
2015
Topic:
Climate Change
Summary
The Dutch government must reduce CO2 emissions by a minimum of 25% (compared to 1990) by 2020 to fulfil its obligation to protect and improve the living environment against the immiment danger caused by climate change.
International Service for the Acquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines)
Region and Country:
East Asia, Philippines
Year:
2015
Topic:
Biodiversity, Genetically-modified Organisms (GMOs), Precautionary Principle, Healthy Environment
Summary
Applying the precautionary principle, the Supreme Court of the Philippines permanently banned field trials of genetically-modified crops, including Bt talong (eggplant), until a new administrative order on biosafety is adopted.
The Maya Leaders Alliance v. The Attorney General of Belize
Region and Country:
Central America, Belize
Year:
2015
Topic:
Constitutions, Environmental justice, Indigenous Peoples, Land Rights
Summary
The Government of Belize violated Maya community members’ constitutional right to protection of the law by failing to ensure that the existing land law system recognized and protected Maya land rights.
A.F. Akpan v. Royal Dutch Shell, plc
Region and Country:
Western Europe, Netherlands
Year:
2015
Topic:
Access to Justice, Environmental justice, Oil & Gas
Summary
Dutch courts have jurisdiction to consider claims for compensation against Royal Dutch Shell and its foreign subsidiaries for alleged harm caused by oil spills in Nigeria.
Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd.
Region and Country:
Pacific, Australia
Year:
2015
Topic:
Biodiversity, Marine and Coastal, Financial Liability
Summary
The Federal Court of Australia fined a Japanese whaling company AUS$1 million for continuing whaling activities in the Australian Whale Sanctuary in violation of court orders.
Harken Costa Rican Holdings c/ El Estado de Costa Rica
Region and Country:
Central America, Costa Rica
Year:
2014
Topic:
Indigenous Peoples, Oil & Gas
Summary
Costa Rican environment and energy ministry was justified in terminating a petroleum exploration contract when the oil company proposed exploration activities that would cause unacceptable environmental impact. Oil company violated contract obligations when it failed to obtain approval of its environmental impact assessment for exploratory drilling.
T. Muruganandam v. Ministry of Environment & Forests
Region and Country:
South Asia, India
Year:
2014
Topic:
Energy, Environmental Impact Assessment
Summary
Tribunal quashed the environmental clearance issued for a coal-fired power plant for failure to prepare an adequate cumulative impact assessment. “Rapid” assessment submitted by power company did not provide a comprehensive view of the impacts.

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  • About Us
    • Mission & History
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  • What We Do
    • Strategies & Programs
    • Latest News
    • Fellows Program
    • Annual Meetings
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  • Resources
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    • EIA Law Matrix
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    • ELAW Events & RSVP
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© 2015 Environmental Law Alliance Worldwide (ELAW)
Address: 1412 Pearl St, Eugene, OR 97401
Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org
DONATE |
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Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
Address: 1412 Pearl St, Eugene, OR 97401
Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org