The Madras High Court determined that the operator of a coal-fired power plant isn't beneficially utilizing fly ash, among other regulatory violations. Thus, the court enjoined the operator from dumping material that would affect the marsh land in Vallur Village, Tamil Nadu.
The court set aside permissions for a mining project in a protected area and remitted the application for permission for reconsideration in light of “all relevant consideration” and the following specific considerations: (1) compliance with the national administrative law statute; (2) the interests of local communities and the environmental principles of the national environmental management statute; (3) previously required authorizations must be final (i.e., after statutory appeals are resolved) before permissions may be granted; and, (4) a management plan for the protected area must be approved and the contents of said plan must be taken into consideration.
The High Court of Kenya remanded the environmental license issued for a port project for reconsideration and directed the project proponent to pay Kshs. 1.7 billion in compensation to affected fishing communities who will be impacted by the project. During the reconsideration process, decisionmakers must evaluate the external costs of the port project on the environment and local communities.
A Russian district court nullified the authorization for a coal mining project because the government failed to adequately show a governmental need to expropriate the agricultural lands at issue for the purpose of coal mining activities to be carried out by a private company ("Stroypozhservice"). The district court decision may be appealed.
The court found deficiencies in the Resource Management Plans at issue that must be remedied, including failure to consider the indirect effects of downstream combustion of resources extracted from the planning areas, failure to quantify properly the magnitude of methane pollution by arbitrarily using outdated science, and failure to consider any alternative with less coal available for leasing.
An environmental organization has constitutional right to intervene in public utility proceeding concerning a power purchase agreement. The right to a clean and healthful environment guaranteed by the Hawaiian constitution is a property right that is protected by due process and the utility commission must consider impacts to that right in determining whether to approve a power purchase agreement.
A U.S. court blocked the proposed expansion of an underground coal mine because the environmental assessment (EA) lacked sufficient analysis of the indirect and cumulative impacts of coal transportation and coal combustion. The EA also improperly emphasized the benefits of additional coal mining to the local economy while ignoring the costs of anticipated greenhouse gas emissions from burning the coal.
A utility company violated the Clean Water Act when it disposed of coal ash into unlined ponds, which leaked contaminants via groundwater to an adjacent river. The court directed the utility company to excavate the coal ash and move it to a dry lined disposal location.