Mining

Rol No. 55.203-2016 (Mina Invierno case), Supreme Court of Chile (2017)

A mining company (Mina Invierno) proposed a project to incorporate blasting methods at an existing permitted open pit coal mine in southern Chile.  Citizens and civil society organizations properly presented petitions for the provision of citizen participation procedures during the environmental impact assessment (EIA) process required for this proposed complementary project, but those petitions were denied.  The denial of those petitions was unsuccessfully appealed at the administrative level and the proposed project to incorporate blasting was approved, so a constitutional lawsuit (re

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd (2011) NSWLEC 195 (10 November 2011)

 

This was an appeal brought by a third party objector (ICAG) against the Minister of Planning’s decision to approve the extension of an existing coal mine. The objections raised in this appeal focused on the impacts of the coal mine extension on biodiversity (especially the threatened Giant Barred Frog), water quality impacts, health impacts from particulate matter, noise pollution, and dust emissions.

 

Lungowe v. Vendanta Resources PLC

Lungowe v. Vendanta Resources PLC [2016] EWHC 975 (TCC) (May 7, 2016)
England and Wales High Court (Technology and Construction Court)

More than 1,800 residents of four Zambian communities near the Nchanga copper mine brought an action in the UK against Vendanta Resources (Vendanta) and Konkola Copper Mines (KCM) for harm arising out of pollution and environmental damage caused by mining operations. 

Australian Conservation Foundation v. Minister for Planning [2004] VCAT 2029

Environmental groups challenged an amendment to the provisions of a local planning scheme that was necessary for the expansion of the Hazelwood coal mine in southeastern Australia. The petitioners claimed that the environment effects statement (EES) should have included analysis of the impacts of carbon emissions when the coal is later burned.

Pro Public v. Godavari Marble Industries Pvt. Ltd.

Pro Public v. Godavari Marble Industries, 068–WO–0082 (April 15, 2016)
Supreme Court of Nepal

Over a 20 year period, advocate Prakash Mani Sharma and the NGO Pro Public pursued public interest litigation to close a marble mine in the Godavari hills outside Kathmandu, Nepal.  The Godavari area is described as a “living museum” of cultural and biological significance and has been negatively impacted by the mining operations.

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