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ELAW Digest




An annual compilation of important
environmental law decisions




ELAW Digest

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Recently Added Cases

Centre for Environmental Justice v. Anura Satharasinghe et. al, W.P. 291 of 2015, Sri Lanka Court of Appeal (16 November 16, 2020) (Wilpattu forest case)
Region and Country:
South Asia, Sri Lanka
Year:
2020
Topic:
Polluter Pays Principle, Protected Areas
Greenwatch v. Attorney General, Misc. Cause No. 232 of 2009 (13 August 2020)
Region and Country:
Uganda
Year:
2020
Topic:
Access to Information
Summary
The High Court of Uganda declared that petroleum production sharing agreements executed between the government of Uganda and numerous oil companies are public documents that are subject to disclosure under Article 41(1) of the Constitution of Uganda and the Access to Information Act.
Vikrant Tongad v. Union of India, W.P. (C) 3747/2020 & CM APPL. 1342/2020 (30 June 2020)
Region and Country:
India
Year:
2020
Topic:
Environmental Impact Assessment, Public participation, Public Participation
Summary
The High Court of Delhi ordered the Ministry of Environment, Forest and Climate Change to provide an additional 60-day period for the public to comment on proposed changes to the environmental impact assessment law. The High Court also directed that the proposal must be translated into all official languages recognized in the Indian constitution to facilitate effective public participation.
Shivpal Bhagat v. Union of India, O.A. No. 104/2018 (27 February 2020)
Region and Country:
India
Year:
2020
Topic:
Coal and gas power plants, Coal mining
Summary
The National Green Tribunal ordered coal mining and energy companies to implement a series of measures to reduce environmental pollution and health impacts associated with their facilities operating in the Tamnar and Charghoda coal blocks in the state of Chhattisgarh. The Tribunal declared that no expansion of mining or industrial activities in the area could be approved until a thorough environmental carrying capacity study is completed.
Muhammad Ahmad Pansota v. Federation of Pakistan, HCJ DA 38, Writ Petition No. 840 of 2019 (24 December 2019)
Region and Country:
Pakistan
Year:
2019
Topic:
Right to Life
Summary
The Lahore High Court affirmed that the right to food is a fundamental right protected by the Constitution of Pakistan, Islamic edicts, and international law. The High Court granted a writ of mandamus directing government authorities to do all in their power to preserve, conserve, and manage food resources to prevent waste and to distribute excess food to people in need.
BELA v. Ministry of Agriculture and others, Writ Petition No. 14614 of 2019 (High Court Division of the Supreme Court) (5 January 2020)
Region and Country:
South Asia, Bangladesh
Year:
2020
Topic:
Toxic Substances
Summary
The High Court Division of the Supreme Court of Bangladesh issued a Rule Nisi directing agriculture, health, and environmental ministries in Bangladesh to show cause as to why they should not phase out glyphosate-based pesticides in favor of using safer alternatives. Among other things, the ministries are required to fully study the use and impacts of pesticides, investigate pesticide-related deaths, and immediately implement public awareness campaigns about the risks of using glyphosate-based pesticides.
Jitendra Singh v. Ministry of Environment
Region and Country:
India
Year:
2019
Topic:
Right to Water
Summary
The government of India has a constitutional duty to protect communal water bodies, and the people of India have a right to a healthy environment which encompasses access to water; therefore, the government may not allocate these vital resources to private third-parties for development. Construction of artificial, replacement water bodies will not suffice because the environment cannot be resuscitated by “merely filling a hole with water elsewhere.”
Ashgar Leghari v. Federation of Pakistan
Region and Country:
South Asia, Pakistan
Year:
2015
Topic:
Climate Change, Pivotal cases, Constitutions
Summary
Declaring "we need to move to climate change justice," the Lahore High Court Green Bench ordered the government of Pakistan to implement the National Climate Change Policy and convened a Climate Change Commission to oversee and report to the Court on progress.
Gloucester Resources Limited v. Minister for Planning [2019] NSWLEC 7 (8 February 2019)
Region and Country:
Australia
Year:
2019
Topic:
Climate Change, Greenhouse gases, Mining, Coal mining
United States v. Washington, 853 F.3d 946 (9th Cir. 2017)
Region and Country:
North America, United States of America
Year:
2017
Topic:
Fisheries, Indigenous Peoples
Summary
The State of Washington has violated Tribes' off-reservation fishing rights by building and maintaining culverts under State roads that harm fish habitat and reduce the production of fish. Because (1) currently there is not enough harvestable salmon available to ensure the Tribes a moderate living, (2) the State’s culverts block roughly a thousand miles of streams suitable for salmon habitat, and (3) replacing or modifying those culverts (structures built to allow streams to flow under roads) to allow fish passage would produce several hundred thousand additional mature salmon each year, the State was ordered to identify all state-owned barrier culverts and ensure those culverts allow fish passage (by differentiated deadlines depending on several ecological and economic considerations).
Sierra Club v. U.S. Dept. of the Interior, No. 18-1082 (4th Cir. 2018)
Region and Country:
North America, United States of America
Year:
2018
Topic:
Protected Areas
Summary
A U.S. court vacated a decision granting a right-of-way for a proposed natural gas pipeline that would have crossed a portion of a U.S. national park. The National Park Service failed to provide any explanation justifying its determination that pipeline construction and use would be consistent with the conservation and preservation purposes of the national park.
Sentencia 4360-2018 de la Corte Suprema de Justicia, Sala de Casacion Civil, M.P. Luis Armando Tolosa Villabona (2018)
Region and Country:
South America, Colombia
Year:
2018
Topic:
Climate Change, Pivotal cases, Greenhouse gases, United Nations Framework Convention on Climate Change, Forests
Summary
The Supreme Court determined several Colombian authorities responsible for the deforestation in the Amazon and ordered those authorities to develop plans and implement measures to stop the emissions of GHGs and other harmful impacts caused by deforestation in order to protect fundamental rights of Colombians, especially those of children and future generations.
  • About Us
    • Mission & History
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    • Explore Our Work
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  • Resources
    • Climate Litigation Strategies
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    • Mangrove Science Database
    • Plastic Law Resource
  • Get Involved
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    • ELAW Events & RSVP
    • Get Involved!
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Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
U.S. Office: 1412 Pearl St, Eugene, OR 97401
U.S. Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org
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Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
U.S. Office: 1412 Pearl St, Eugene, OR 97401
U.S. Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org
DONATE |
SUBSCRIBE |
LOGIN
Environmental Law Alliance Worldwide
© 2015 Environmental Law Alliance Worldwide (ELAW)
U.S. Office: 1412 Pearl St, Eugene, OR 97401
U.S. Phone: +1 541 687 8454 | Fax: +1 541 687 0535
elawus@elaw.org