Cases

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd (2011) NSWLEC 195 (10 November 2011)

 

This was an appeal brought by a third party objector (ICAG) against the Minister of Planning’s decision to approve the extension of an existing coal mine. The objections raised in this appeal focused on the impacts of the coal mine extension on biodiversity (especially the threatened Giant Barred Frog), water quality impacts, health impacts from particulate matter, noise pollution, and dust emissions.

 

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Raub Australian Gold Mining Sdn. BHD v. Hue Shieh Lee

Raub Australian Gold Mining Sdn. BHD v. Hue Shieh Lee  (21 October 2016)
Malaysia Court of Appeal
[Decision upheld on appeal - summary below]

Hue Shieh Lee is a resident of Bukit Koman and Vice President of a community organization formed to look after the health and welfare of residents impacted by a gold-processing facility operated by Raub Australian Gold Mining (Raub).

Raub filed a defamation claim against Hue Shieh Lee for statements she made about the company in two published news articles.

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Juliana v. United States

On 17 January 2020, the Ninth Circuit Court of Appeals reversed orders of the Oregon District Court and remanded the case with instructions for the District Court to dismiss the case for lack of Article III standing. Two judges on a three-judge panel found the plaintiffs did not establish their claims were redressable by the courts.

Lawyers for the plaintiffs have announced that they will request a full Ninth Circuit review of this decision.

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Lungowe v. Vendanta Resources PLC

Lungowe v. Vendanta Resources PLC [2016] EWHC 975 (TCC) (May 7, 2016)
England and Wales High Court (Technology and Construction Court)

More than 1,800 residents of four Zambian communities near the Nchanga copper mine brought an action in the UK against Vendanta Resources (Vendanta) and Konkola Copper Mines (KCM) for harm arising out of pollution and environmental damage caused by mining operations. 

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Gauri Maulekhi v. Union of India

Gauri Maulekhi v. Union of India, Original Application No. 486 of 2014 (May 4, 2016)
National Green Tribunal

A community member filed a case with the National Green Tribunal to force regulators to control toxic effluent and fly ash being discharged by a paper manufacturer, Century Pulp and Paper (“Century”) .

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Montana Environmental Information Center v. Montana Department of Environmental Quality

In Montana Environmental, Bull Mountain Development Company proposed to build a coal-fired power plant near a Class I area, which included parks, wilderness areas, and an Indian reservation. Id. at 512. The Montana Department of Environmental Quality (MDEQ) and the federal land manager (FLM), which is directly responsible for managing a Class I area, determined that the proposed coal-fired plant would adversely impact the visibility of a Class I area.

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Australian Conservation Foundation v. Minister for Planning [2004] VCAT 2029

Environmental groups challenged an amendment to the provisions of a local planning scheme that was necessary for the expansion of the Hazelwood coal mine in southeastern Australia. The petitioners claimed that the environment effects statement (EES) should have included analysis of the impacts of carbon emissions when the coal is later burned.

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In the Matter of Application of Duke Energy Carolinas, LLC (Cliffside)

In the Matter of Application of Duke Energy Carolinas, LLC (Cliffside), Order Granting Certificate of Public Convenience and Necessity with Conditions, NC PUC, Docket No. E-7, Sub 790 

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