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Notable Cases




A compilation of important
environmental law decisions




Notable Cases

 

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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.
Coventry v. Lawrence
Region and Country:
Western Europe, United Kingdom
Year:
2014
Topic:
Financial Liability, Land Use
Summary
Owner of motor speedway held liable to nearby landowner for committing a nuisance. Although speedway owner obtained planning consent and the landowners moved into their house after the speedway had been operating for more than 20 years, neither of these factors constituted a defense. Court reinstated injunction limiting the amount of noise emitted from the speedway.
Kansol S.A. y Roswell Company S.A. c/ La Ley No. 5194
Region and Country:
South America, Paraguay
Year:
2014
Topic:
Indigenous Peoples, Land Rights
Summary
The Supreme Court upheld a law which expropriated more than 14,000 hectares of land for return to the Enxet indigenous community.
Friends of Lake Turkana Trust v. Attorney General
Region and Country:
Sub-Saharan Africa, Kenya
Year:
2014
Topic:
Access to Information, Dams, Energy, Precautionary Principle, Life, Sustainable Development
Summary
The government of Kenya has an affirmative duty to publicly disclose a power purchase agreement with Ethiopia and information describing the possible social and environmental impacts of hydropower facilities in Ethiopia that would divert water flowing into Lake Turkana. The State must also ensure Lake Turkana is sustainably managed utilized and conserved, and exercise the necessary precautions in preventing environmental harm that may arise from any power purchase agreements with Ethiopia.
Controversia Constitucional 65/2013 (Actor: Municipo de Chapala, Estado de Jalisco)
Region and Country:
North America, Mexico
Year:
2014
Topic:
Land Use
Summary
A Mexican municipality violated the National Water Act when it built a breakwater on Lake Chapala without obtaining a concession from the National Water Commission. The Commission initiated action against the Municipality and ordered the breakwater’s demolition. The Constitutional Court upheld the demolition order.
United States v. Town of Dryden (In re Wallach)
Region and Country:
North America, United States of America
Year:
2014
Topic:
Land Use, Oil & Gas
Summary
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.
Del. Riverkeeper Network v. Fed. Energy Regulatory Comm'n
Region and Country:
North America, United States of America
Year:
2014
Topic:
Energy, Environmental Impact Assessment, Land Use, Oil & Gas
Summary
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.
R (on the application of Evans) v. Attorney General
Region and Country:
Western Europe, United Kingdom
Year:
2014
Topic:
Access to Justice, Access to Information
Summary
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.
M.P. Patil v. Union of India
Region and Country:
South Asia, India
Year:
2014
Topic:
Energy, Environmental Impact Assessment, Public Participation
Summary
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.
Sudiep Shrivastava v. Union of India
Region and Country:
South Asia, India
Year:
2014
Topic:
Climate Change, Economics, Forests, Mining
Summary
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.
Tsilhqot’in Nation v. British Columbia
Region and Country:
North America, Canada
Year:
2014
Topic:
Indigenous Peoples, Land Rights
Summary
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.”
Warkworth Mining Ltd. v. Bulga Milbrodale Progress Ass’n Inc.
Region and Country:
Pacific, Australia
Year:
2014
Topic:
Biodiversity, Economics, Land Use, Mining, Coal mining
Summary
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.
Whaling in the Antarctic (Australia v. Japan)
Region and Country:
Pacific
Year:
2014
Topic:
Biodiversity, Marine and Coastal, International Treaties
Summary
The International Court of Justice held that design and implementation of Japan’s scientific research programme on whaling violated the International Convention for the Regulation of Whaling.
Maniwa v. Malijiwi, OS JR No. 983 of 2011 (National Court of Justice) (4 July 2014)
Region and Country:
Pacific, Papua New Guinea
Year:
2014
Topic:
Forests, Human Rights, Indigenous Peoples, Land Rights
Summary
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.
Yount v. Salazar
Region and Country:
North America, United States of America
Year:
2014
Topic:
Environmental Impact Assessment, Mining, Precautionary Principle
Summary
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.
Commission v. United Kingdom
Region and Country:
Western Europe, United Kingdom
Year:
2014
Topic:
Access to Justice, NGO - legal issues
Summary
UK regime for costs and interim relief in environmental cases does not fulfill obligation under Aarhus Convention to provide procedures that are not “prohibitively expensive.”
Caso de los Pueblos Indígenas Kuna de Madungandí y Emberá de Bayano v. Panamá
Region and Country:
Central America, Panama
Year:
2014
Topic:
Dams, Human Rights, Indigenous Peoples, Land Rights
Summary
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.
Advocates for Natural Resource Governance & Development v. Attorney General
Region and Country:
Sub-Saharan Africa, Uganda
Year:
2013
Topic:
Access to Justice, Constitutions, Land Rights
Summary
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.
Fish Legal v. Information Commissioner
Region and Country:
Western Europe, United Kingdom
Year:
2013
Topic:
Access to Information, Pollution, Water
Summary
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.
Greenpeace Southeast Asia (Philippines) v. Environmental Management Bureau of the Department of Environment and Natural Resources
Region and Country:
East Asia, Philippines
Year:
2013
Topic:
Genetically-modified Organisms (GMOs), Precautionary Principle, Healthy Environment
Summary
Court issued writ of kalikasan halting field testing of genetically-modified talong (eggplant) throughout the Philippines.

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  • About Us
    • Mission & History
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  • What We Do
    • Strategies & Programs
    • Latest News
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    • Annual Meetings
    • 30 Years of Environmental Victories
  • Resources
    • Climate Litigation Strategies
    • Coal Litigation Strategies
    • EIA Law Matrix
    • Notable Cases
    • ELAW Publications
    • Legal & Scientific Resources
    • Mangrove Science Database
    • Plastic Law Resource
  • Get Involved
    • Ways to Support ELAW
    • ELAW Events & RSVP
    • Work With Us
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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