Communities living near the Tamnar-Gharghoda coal fields in the state of Chhattisgarh are plagued by significant environmental pollution and land disturbance from coal mining. The coal is transported to two nearby coal-fired power plants, which emit hazardous air pollutants and generate tons of toxic coal ash.
On October 22, 2015, 386 members of Ban Haeng Conservation Group (“Rak Ban Haeng Group”) in Ban Haeng subdistrict, Ngao district, Lampang province filed an administrative suit against eight defendants: (1) Thailand’s Minister of Industry, (2) Department of Primary Industries and Mines, (3) Lampang Provincial Office of Industry, (4) Ban Haeng Subdistrict Headman, (5) the National Environmental Board’s Expert Committee on Mines, Smelting and Mineral Processing, (6) Office of
Sentencia SU698-17, Sala Plena de la Corte Constitucional, 28 de noviembre de 2017, Expediente T-5.443.609, Magistrado Sustanciador: Luis Guillermo Guerrero Pérez: http://www.corteconstitucional.gov.co/relatoria/2017/SU698-17.htm
Representatives of Wayuu indigenous communities presented constitutional claims against government authorities and a mining company (Cerrejón) for threatening their fundamental rights to water, food, and health by diverting a 3-kilometer section of a stream (Arroyo Bruno) in order to expand coal-mining operations in an arid region of the Department of La Guajira in Colombia. The Court suspended activities related to the stream-diversion project until the several orders are complied with by a judicially created Inter-Institutional Workgroup, explaining that, although the initial coal-mining
Director: Mineral Development, Gauteng Region v Save the Vaal Environment (Case No. 133/98) SCA 9, Supreme Court of Appeal of South Africa (12 March 1999), available at https://cer.org.za/wp-content/uploads/2010/08/Save-the-Vaal-Environment-v-DME.pdf or http://www.saflii.org/za/cases/ZASCA/1999/9.pdf
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):
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.
On April 13, 2018, a court in the Belovo district of Russia’s Kuzbass region nullified the authorization of a new open-pit coal mine that allowed for the expropriation of private agricultural lands in order to conduct the coal mining activities. Ecodefense brought the case with four landowners and the legal support of Team 29, a group of Russian human rights lawyers. The district court of Belovo rejected the defendants’ arguments about the importance of coal mining in comparison with agriculture and decided the government failed to adequately show a governmental need to expropriate the ag