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This case study by Natural Justice reflects on the legal victory where the National Environment Tribunal (NET) in Kenya blocked the construction of the Lamu Coal Fired Power Plant by setting aside its environmental license due to inadequate public participation and the omission of climate change assessments.

This document is a legal response submitted by NN Attorneys on behalf of Newshelf (the Second Respondent) on 10 June 2015, addressing an appeal against the Environmental Authorisation (EA) granted for the Thabametsi coal-fired power station project in South Africa. The response defends the project's compliance with the National Environmental Management Act (NEMA) and other regulations, arguing that the project is essential for national base-load energy security and that its environmental and health impacts have been sufficiently assessed and mitigated.

The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have appealed a decision by the Department of Mineral Resources and Energy (DMRE) to grant environmental authorisation (EA) to Tetra4 (Pty) Ltd for the Cluster 2 Virginia Gas Production Project. The appellants argue that the decision is unlawful and unreasonable due to flawed groundwater and climate change assessments, inadequate public participation, a failure to consider renewable energy alternatives, and the state's lack of capacity to monitor gas operations.

The Limpopo Department of Economic Development, Environment and Tourism (LEDET) has granted environmental authorisation for the establishment of the Musina-Makhado Special Economic Zone (MMSEZ) South Site. The authorisation specifically covers the clearance of indigenous vegetation, installation of bulk services infrastructure, and fencing for a metallurgical cluster, reducing the project footprint to 3,862 hectares.