Court nullified 99-year agricultural lease awarded to oil palm developer. The Minister for Lands failed to obtain proper consent from customary landowners and neglected to conduct adequate consultation prior to issuing the lease.
National Green Tribunal overturned an environmental clearance issued for a coal-fired power plant proposed by India’s largest thermal power producer. The Tribunal found that environmental information had been concealed and misrepresented, and the EIA and public participation processes were faulty.
Court of Appeal quashed certificate issued by the Attorney General attempting to override a decision by the Upper Tribunal directing release of information under the Freedom of Information Act and Environmental Information rules.
Environment minister improperly rejected advice from an expert committee recommending that large-scale coal mining proposal in a forest area not proceed. Although the committee’s advice is not binding on the Minister, it nevertheless cannot be ignored without credible scientific basis.
Tribunal quashed the environmental clearance issued for a coal-fired power plant for failure to prepare an adequate cumulative impact assessment. “Rapid” assessment submitted by power company did not provide a comprehensive view of the impacts.
The Supreme Court of Canada declared that the Tsilhqot’in Nation established title to 1,750 square kilometres of land including areas that are used for hunting, fishing, trapping, foraging and other cultural purposes or practices. The Court declared Aboriginal title holders have the “right to the benefits associated with the land – to use it, enjoy it and profit from its economic development” such that “the Crown does not retain a beneficial interest in Aboriginal title land.”
The supersession clause in the statewide Oil, Gas and Solution Mining Law does not preempt the authority vested in municipalities to regulate oil and gas production activities, including hydrofracking, within municipal boundaries.
Upholding Land and Environment Court decision declaring that an open-cut coal mine should not be allowed to expand because the economic benefits of continued mining do not outweigh the impacts to nearby residents and loss of biodiversity.
Decision by Secretary of the Interior to withdraw large parcels of land near Grand Canyon National Park to entry for uranium exploration and mining projects was not arbitrary or an abuse of discretion. Court approved the agency’s “cautious and careful approach” because of the risk of severe groundwater contamination from mining activities and threats to sacred and traditional places of tribal people.