European Commission v. Federal Republic of Germany, Case C 142/16 (April 26, 2017)
European Court of Justice
German officials authorized construction of the Moorburg coal-fired power plant in the port of Hamburg along the Elbe River. The river serves as the migratory route for fish listed in Annex II of the European Union (EU) Habitats Directive.
In Wildearth Guardians, environmental organizations claimed that the Bureau of Land Management (BLM) did not adequately address greenhouse gas emissions associated with coal leases. In its environmental analysis, the BLM had concluded that there was no appreciable difference between the United States’ total carbon dioxide emissions under the proposed leases and the alternative of not developing the leases (the ‘no action alternative’). The BLM concluded that opting not to issue these coal mine leases was unlikely to “result in a decrease of U.S.
Montana Environmental Information Center v. U.S. Office of Surface Mining, Civ. No. 15-106-M-DWM (D. Mont. 2017)
August 14, 2017
Alberta Wilderness Ass’n v. Cardinal River Coals Ltd.  3 FC 425
April 8, 1999
A coalition of conservation organizations challenged a ministry decision allowing a coal mine to be constructed just outside the boundary of a national park. One of the questions the court considered was whether the environmental assessment prepared prior to the decision adequately considered the potential environmental impacts of the mine -- including cumulative impacts.
European Commission v. Kingdom of Spain, ECJ C-404/09 (2011) (European Court of Justice)
November 24, 2011
In Center for Biological Diversity v. National Highway Traffic Safety Administration, governmental and nongovernmental entities challenged a rule issued by the National Highway Traffic Safety Administration (NHTSA), which set fuel economy standards, by asserting that the EA did not adequately assess the cumulative impact of the proposed standards on GHG emissions. 508 F.3d 508 (9th Cir. 2007). The U.S.
Earthlife Africa Johannesburg v. Minister of Environmental Affairs and others, Case no. 65662/16 (2017)
Earthlife Africa Johannesburg sought judicial review of a decision by the Department of Environmental Affairs (DEA) granting an environmental authorization for a coal-fired power plant and of decision by the Minister of Environmental Affairs not to withdraw the authorization as part of an appeal of the authorization.
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