Mining

Jet Sri-Ngeon v. Minister of Industry, Decided Case No. 2/2563 (Chiang Mai Administrative Court decision) (22 April 2020)

On October 22, 2015, 386 members of Ban Haeng Conservation Group (“Rak Ban Haeng Group”) in Ban Haeng subdistrict, Ngao district, Lampang province filed an administrative suit against eight defendants: (1) Thailand’s Minister of Industry, (2) Department of Primary Industries and Mines, (3) Lampang Provincial Office of Industry, (4) Ban Haeng Subdistrict Headman, (5) the National Environmental Board’s Expert Committee on Mines, Smelting and Mineral Processing, (6) Office of

Sentence SU698/17 (Arroyo Bruno case), Constitutional Court of Colombia

Representatives of Wayuu indigenous communities presented constitutional claims against government authorities and a mining company (Cerrejón) for threatening their fundamental rights to water, food, and health by diverting a 3-kilometer section of a stream (Arroyo Bruno) in order to expand coal-mining operations in an arid region of the Department of La Guajira in Colombia.  The Court suspended activities related to the stream-diversion project until the several orders are complied with by a judicially created Inter-Institutional Workgroup, explaining that, although the initial coal-mining

Castle Mountain Coalition v. Office of Surface Mining Reclamation and Enforcement, Case No. 3:15-cv-00043-SLG (D. Alaska 2016)

In Castle Mountain Coalition v. Office of Surface Mining Reclamation and Enforcement, several non-profit organizations and the governing body of a federally-recognized Native Village challenged a federal agency’s determination that a state may interpret the Surface Mining Control and Reclamation Act (SMCRA) to require an administrative proceeding be initiated in order to terminate a coal mining permit (rather than automatic termination) when the permit holder fails to commence mining operations within three years of the permit issuance.

April 13, 2018, Belovo district court decision annulling coal mine authorization

On April 13, 2018, a court in the Belovo district of Russia’s Kuzbass region nullified the authorization of a new open-pit coal mine that allowed for the expropriation of private agricultural lands in order to conduct the coal mining activities.  Ecodefense brought the case with four landowners and the legal support of Team 29, a group of Russian human rights lawyers.  The district court of Belovo rejected the defendants’ arguments about the importance of coal mining in comparison with agriculture and decided the government failed to adequately show a governmental need to expropriate the ag

Sentence C-035/16 of the Constitutional Court of Colombia (Alberto Castilla et al v. Colombia) (8 February 2016)

*SPANISH BELOW*

Sentence C-035/16 of the Constitutional Court of Colombia (Alberto Castilla et al v. Colombia):

Citizens presented constitutional claims against several provisions of the laws that approved the 2010-2014 National Development Plan (Law 1450 of 2011) and the 2014-2018 National Development Plan (Law 1753 of 2015).  

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