Mining and Environmental Justice Community Network of South Africa and others v Minister of Environmental Affairs and others, High Court of the Republic of South Africa, Gauteng Division, Pretoria, Case No. 50779/2017 (8 November 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 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.
Invoking the continuing jurisdiction of the federal district court that determined the portion of annually harvestable fish guaranteed to several indigenous peoples (“Tribes”) by essentially identical treaty clauses guaranteeing off-reservation fishing rights, several Tribes and the U.S.
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.
Sierra Club v. U.S. Dept. of the Interior, ___ F.3d ___ (4th Cir., August 6, 2018)(No. 18-1082, consolidated with No. 18-1083)
U.S. Court of Appeals for the Fourth Circuit