District Court of Samarinda, Decision No. 55/Pdt.G/2013/PN.Smda., Komari et al. vs. Mayor of Samarinda et al., 2014 (Indonesia)

Residents in Samarinda, Indonesia sued the central and local governments for failing to appropriately evaluate or monitor coal mines. The residents argued that the law required the minister of energy and mineral resources, the minister of environment and forestry, and the governor of East Kalimantan to act to reduce greenhouse gases. The residents claimed that the defendants’ lack of commitment to climate change meant they had failed to evaluate and monitor coal mining permits, resulting in severe environmental degradation. The District Court agreed, finding that the government had failed to meet its statutory obligations to take climate change into account when granting permits. The government had also failed to monitor and inspect mining operations. The court considered that the defendants had negligently failed to ensure a healthy environment, which impacted the public interest. However, the court did not cancel permits. Instead, it directed the government to review its coal mining policy. The policy review, the court declared, should cover (i) the licensing process; (ii) evaluation of existing permits; (iii) environmental protection; and (iv) supervision, inspection and enforcement.