Resources for Advocates

Decision from the High Court of South Africa (Western Cape Division, Cape Town) asserting that "[c]orporations should not be allowed to weaponise our legal system against the ordinary citizen and activists in order to intimidate and silence them" and recognizing "the SLAPP suit defense."

The Supreme Court of Jamaica issued a preliminary injunction prohibiting “commencing or continuing any exploring, mining or other activity” under Special Mining Lease 173 until the underlying claims are decided. The Court used its discretion to waive the requirement that the claimants give an undertaking as to damages with regard to the injunction.

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.”

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.

Complex litigation seeking remediation of environmental damages from large-scale coal mining in which Brazil's Superior Court of Justice held the mining companies strictly liable and the federal government jointly liable with a duty to make the companies pay for remediation while concluding that the owners and managers of the companies have supplemental liability if the companies can't fulfill duty to remedy environmental damages and concluding that collective actions for environmental remediation are not subject to statutes of limitations.

A Malaysian court declared that statements made by a community activist concerning the results of a community health survey are not defamatory.

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.

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.