Cases

Writ Petition No. 30237 of 2018 and Writ Miscellaneous Petition No. 35289 of 2018, Madras High Court, 19.11.2018

The Madras High Court determined that the operator of a coal-fired power plant isn't beneficially utilizing fly ash, as required by the fly ash utilization notification of 03/11/2009, among other regulatory violations, which are causing environmental degradation and health hazards that may result in irreparable loss.  Accordingly, the court ordered an ad-interim injunction restraining the operator from dumping material that would affect the marsh land in Vallur Village, Tamil Nadu. 

Greenpeace Nordic Ass’n and Nature and Youth v. Ministry of Petroleum and Energy, Case no. 16-166674TVI-OTIR/06 (Oslo District Court) (4 January 2018)

Greenpeace Nordic Ass’n and Nature and Youth v. Ministry of Petroleum and Energy, Case no. 16-166674TVI-OTIR/06 (Oslo District Court) (4 January 2018)

Greenpeace Nordic Association and Natur og Ungdom (Nature & Youth) filed a case challenging licenses for offshore oil production granted by the Ministry of Petroleum and Energy.

In January, 2018, the Oslo District Court found Article 112 of the Norwegian Constitution creates an enforceable right to a healthy environment. The court acknowledged that this right includes the right to a healthy climate. 

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

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