Category: 2019

Categories
2019 Indigenous peoples rights Indigenous peoples' rights Kenya Participation rights

Amu Power Company Ltd v Save Lamu & Others

Summary:
This case concerns a coal-fired power plant project conceived as part of the Kenyan development blueprint: Kenya Vision 2030. The Kenyan government determined that the 1050 MW power plant would be set up in Kwasasi (near Lamu Port). Amu Power Company Ltd. (Amu Power) won the bid for the project. Subsequently on 7 September 2016, the National Environment Management Authority (NEMA) granted Amu Power the requisite license based on the Environmental & Social Impact Assessment study (ESIA) commissioned by the latter. Immediately thereafter, environmental groups and local community representatives challenged the license before the National Environment Tribunal (NET), naming both NEMA and Amu Power as the respondent parties.

On 26 June 2019, the NET delivered a decision wherein found fundamental deficiencies in public participation and noted the witness for Amu Power’s admission of the failure to consider climate impacts of the project in the ESIA study. It thus found the NEMA to have violated its statutory duty to ensure project’s compliance with the Environmental Management and Coordination Act 2009 read together with the Environmental Impact Assessment & Audit Regulations (EIA Regulations) and therefore cancelled the license.

Further, it recommended that Amu Power conduct a fresh ESIA study, including consideration of the Climate Change Act 2016 and compliance with all statutory requirements, should it wish to pursue the construction and operation of the project.

Amu Power challenged this decision by way of an appeal before the High Court of Malindi. On 25 October 2025, the High Court dismissed the appeal and upheld the NET’s 2019 decision ordering a cancellation of the license.

Claims:
The objectors contended that the operation of the plant would negatively impact the area’s air quality, contribute to climate change to such an extent that its operation would be contrary to Kenya’s National Climate Change Action Plan and Climate Change Act No. 11 of 2016, as well as Nationally Determined Contribution submitted to the UNFCCC which focuses on renewable energy rather than fossil fuels. Further, they argued the effluent discharge from the plant would impact marine biodiversity, potentially increasing seawater temperature by 9°C, which could infringe upon the rights of Lamu residents dependent on fishing, thus interfering with their their cultural rights and traditional way of life a set out in Article 44 and 43 of the Constitution. These contentions were meant to contextualize the crux of the case brought by the objectors, which concerned administrative failure. The objectors invoked the lack of effective public participation, inadequacies in the ESIA study, especially as it related to the plant’s impacts on human health, mitigation of environmental impacts and the failure to consider impacts on climate change, as grounds for cancellation of the license. 

Amu Power argued that the project would displace a much higher amount of carbon dioxide than what could be generated by it, as electricity would be available to users at the lowest rates, also alluded to the added benefits revolving around climate change adaptation measures. It noted that the ESIA study sufficiently addresses the impacts of thermal effluents on the marine environment and local air pollution by also considering the appropriate the mitigation measures. Regarding climate change, Amu Power submitted that the Paris Agreement came into force on 4th November 2016 after the ESIA study had been concluded and the licence was issued. Lastly, Amu Power argued that the NET placed undue emphasis on procedural rather than the substance, i.e. the spirit behind public participation; and that in any case the flaws in the process were not significant enough to deprive the public participation process of its efficacy.

Judgment of the High Court of Malindi:
In its 2019 judgment, the High Court of Malindi re-affirmed the NET’s findings that the license was issued based on a fundamentally flawed public participation process. The Court emphasized the significance of these findings on the basis of the constitutional significance accorded to public participation. Article 10(1) of the Constitution provides those national values and principles of governance, which includes ‘participation of the people’ bind all State organs, State officers, public officers and all persons when applying or interpreting the Constitution, enacting or interpreting any law, or making or implementing public policy decisions. Article 69(1)(d) requires the State to encourage public participation in the management, protection and conservation of the environment.

It further added that the findings regarding inadequate public participation are of over-arching significance, in that even if the NET had erred in assessing the ESIA’s consideration of mitigation measures concerning the treatment of effluents and climate change, as unsatisfactory, “the project and the study remain condemned due to insufficient public participation” (para. 179).

Links:

  • For the full judgment National Environmental Tribunal, see here.
  • For full judgment of the High Court of Malindi on the appeal by Amu Power against the judgment of the National Environmental Tribunal, see here.

Suggested case citation:
Environment and Land Court at Malindi, Amu Power Company Ltd v Save Lamu & Others, ELCA No. 6 of 2019, 16 October 2019, Hon. Justice Mwangi Njoroge.

Last updated:
30 October 2025.

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Categories
2019 Climate activists and human rights defenders Deforestation Domestic court Human dignity Pakistan Public trust doctrine Right to freedom of expression Right to life Rights at stake Rights of nature

Sheikh Asim Farooq v. Federation of Pakistan etc.

Summary:

In Pakistan, civil society members have taken legal action against multiple government departments, including the Planning and Development Department, Punjab Environmental Protection Department, and Housing & Urban Development Department. They assert that these departments have neglected their responsibilities regarding the planting, protection, management, and conservation of trees and forests in Punjab. According to the petitioners, this neglect not only violates legal obligations but also infringes upon their constitutional rights, including the rights to life, liberty, dignity, and access to public places of entertainment. This case highlights the government’s failure to address these critical environmental issues.

Claim:

The central argument in this case is that the Pakistani government must be compelled to enforce environmental laws and policies, such as the Forest Act, the Trees Act, and various forestry and climate change policies. The petitioners argue that this action is essential to protect their fundamental rights, as guaranteed by the Constitution. They specifically cite Article 9 (right to life and liberty), Article 14 (right to dignity), Article 26 (right to access public places of entertainment), and Article 38(b) (provision of available leisure places). The petitioners assert that the government’s failure to safeguard natural resources and forests, in light of their drastic depletion and the doctrine of public trust, clearly violates their constitutional rights and warrants judicial intervention.

Decision:

Following the lawsuit, the Lahore High Court granted a writ of mandamus in favour of the petitioners. In its ruling, the court emphasised that international environmental principles, such as sustainable development, the precautionary principle, the public trust doctrine, inter-and intra-generational equity, water justice, food justice, in dubio pro natura, and the polluter pays principle, are integral to Pakistani jurisprudence.

The court stressed the government’s duty to effectively manage and protect forests and urban tree planting, citing specific laws to support its stance. The government was directed to actively adhere to environmental policies, particularly those related to climate change. The court also underscored the importance of environmental rights and the government’s responsibility to combat the impacts of climate change on forests and biodiversity. The court’s order included several instructions, such as enforcing policies, amending legal requirements, and mandating regular reporting on forest growth. It also addressed penalties for non-compliance and encouraged housing societies to support tree planting in green areas, with consequences for the unjustified removal of trees.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

Judgment

Suggested citation:

Sheikh Asim Farooq v. Federation of Pakistan, Writ Petition No. 192069 of 2018, Lahore High Court, Judgment of 30 August 2019.

Last updated:

20 October 2023.

Categories
2019 Climate-induced displacement Human Rights Committee New Zealand Non-refoulement Prohibition of torture Right to life

Ioane Teitiota v. New Zealand

Summary:

The applicant submitted that New Zealand had violated his right to life under the ICCPR by removing him to Kiribati, an island state where, he submitted, the situation was becoming increasingly unstable and precarious due to sea level rise caused by global warming. The HRC accepted the claim that sea level rise and climate change-related harms can trigger non-refoulement obligations, but found that there is still time to take measures to protect the population of Kiribati.

Admissibility:

Concerning the imminence of the risk faced, the Committee noted that the author was not alleging a hypothetical future harm, but a real predicament caused by a lack of potable water and employment possibilities, and a threat of serious violence caused by land disputes. The author had sufficiently demonstrated, for the purpose of admissibility, the existence of a real risk of harm to his right to life, given the impact of climate change and associated sea level rise on the habitability of Kiribati and on the security situation on the islands.

Merits:

The HRC found that environmental degradation can compromise the effective enjoyment of the right to life, and if severe it can violate that right. The Committee accepted the author’s claim that sea level rise is likely to render Kiribati uninhabitable. Without robust national and international efforts, the effects of climate change in receiving States may expose individuals to a violation of articles 6 or 7 ICCPR, thereby triggering the non-refoulement obligations of sending States. However, it noted that the time frame of 10 to 15 years, as suggested by the author, could allow for intervening acts by Kiribati, with the assistance of the international community, to take affirmative measures to protect and, where necessary, relocate its population.

Remedies ordered:

None

Separate opinions:

Yes

Implementation measures taken:

N/A

Date:

24 October 2019

Status of case:

final

Suggested case citation:

Human Rights Committee, Ioane Teitiota v. New Zealand, No. 2728/2016, Communication of 24 October 2019.

Full text:

For the full-text of the decision in the case, click here.

Further reading:

Adaena Sinclair-Blakemore, ‘Teitiota v New Zealand: A Step Forward in the Protection of Climate Refugees under International Human Rights Law?’ Oxford Human Rights Hub, 28th January 2020, available here.

Keywords:

climate refugees, affectedness, non-refoulement

    Categories
    2019 Domestic court Emissions reductions/mitigation Gender / women-led Non-discrimination Pakistan Paris Agreement Private and family life Public trust doctrine Right to a healthy environment Right to life Uncategorized Vulnerability

    Maria Khan et al. v. Federation of Pakistan et al.

    Summary
    Five people identifying themselves as women filed a writ petition, under Article 199 of the Constitution of Pakistan, against the Federation of Pakistan, the Ministry of Climate Change, the Ministry of Energy, the Alternative Energy Development Board, and the Central Power Purchasing Agency. The petitioners alleged a violation of their fundamental rights, recognized by Articles 4 (inalienable rights), 9 (right to life), 14 (right to privacy) and 25 (equality of citizens, notably regardless of sex) of the Constitution of Pakistan, as the respondents infringed their right to a clean and healthy environment and a climate capable of sustaining human life (as recognized in the Leghari v. Pakistan case) by failing to take climate change mitigation measures, and specifically measures to develop renewable energy resources and transition to a low-carbon economy.

    The petitioners highlighted that Pakistan had ratified the Paris Agreement and submitted its INDC, committing to a reduction of 20% of its 2030 projected GHG emissions, but then failed to engage in any renewable energy power project. This was seen to represent an abdication of the respondents’ responsibilities under the Public Trust Doctrine (namely their duty to act as trustees of the natural resources of the country), and a violation of the jurisprudence of the seized Court on environmental and climate justice.

    Notably, the petitioners claimed that being women and mothers, they are particularly endangered by global warming and disadvantaged in the context of the climate crisis, as documented in scientific research and international reports. Therefore, the respondents have allegedly violated Article 25 of the Constitution of Pakistan in that climate change disproportionately affects the rights of the petitioners and more broadly of all Pakistani women.

    The remedies demanded by the petitioners are: the declaration of the violation of the above-mentioned fundamental rights and of the breach of Pakistan’s commitments under the Paris Agreement; the declaration of a positive duty on the respondents to encourage and support the development of renewable energy projects to reduce GHG emissions and mitigate climate change impacts; the order to implement and enforce the Paris Agreement to the fullest extent possible and to create and implement an integrated policy towards climate resilient development.

    Date of filing:
    14 February 2019, Misc. Writ 8960/19

    Date of last hearing:
    21 January 2021

    Jurisdiction:
    High Court of Lahore, Pakistan

    Documents:

    • Petition (in English, via Sabin Center for Climate Change Law’s Global Climate Litigation Database)
    • Order (in English, via Sabin Center for Climate Change Law’s Global Climate Litigation Database)

    More information:
    Independently of the above-summarized judicial proceeding, on 21 July 2022, the Government of Pakistan adopted the “Climate Change Gender Action Plan of the Government and People of Pakistan” (you can read it here).

    Last Updated:
    18 May 2023

    Categories
    2019 Deforestation Domestic court Emissions reductions/mitigation India Paris Agreement Public trust doctrine Right to life

    Riddhima Pandey v. Union of India and Others

    Summary:

    The petitioner, Riddhima Pandey, a 9-year old girl residing in the Indian State of Uttarakhand, approached the National Green Tribunal (a special tribunal exercising jurisdiction over environmental cases) in order to review the State and concerned authorities’ inaction on mitigation measures in the face of climate science, and the systemic failure to implement environmental laws (in a manner that addresses climate change). The petitioner based her claim on the ground that the States duty to take the concerned climate action arose out of the public trust doctrine, which the Supreme Court of India has previously held to be based in fundamental rights, directive principles and the preamble of the Indian Constitution. The application in this case was explicitly inspired by the petition in Juliana v. US where also, the child petitioners invoked the public trust doctrine to contest the US government’s inaction.

    The petitioner prayed for the court to, among other things, direct the concerned governmental authorities to properly account for the climate related impacts of industrial and infrastructure projects while granting environmental clearances, account for climate impacts of every individual case of forest diversion and ensuring sufficient compensatory afforestation, direct the government to prepare a national greenhouse gas emissions inventory as well as a national carbon budget against which particular projects’ emissions impacts could be assessed.

    Date of decision:

    15 January 2019

    Tribunal’s decision:

    The National Green Tribunal dismissed the case, reasoning that there is no reason to presume that the existing environmental legislations and regulations already address climate change and require that climate related impacts be sufficiently accounted for during environmental impact assessments.

    Status of the case:

    Decided.

    Suggested case citation:

    National Green Tribunal (New Delhi, India), Ridhima Pandey v. Union of India and Others, Application No. 187/2017, judgment of 15 January 2019)

    Case documents:

    For the petition filed before the National Green Tribunal on 25 March 2017, click here.

    For the order of the National Green Tribunal on 15 January 2019, click here.