PT Kalista Alam v. Minister of Environment, 2015 (Indonesia)

The case originated from a tort-based lawsuit filed by the Ministry of Environment against PT Kalista Alam damage caused by its land clearing activities. The suit invokes Article 88 of the Environmental Protection and Management Act (2009) and Article 1365 of the Civil Code of Indonesia. The Ministry of Environment alleged that PT Kalista Alam drained and burned peatland, causing fires in the concession area, as well as failed to provide fire prevention tools. Under the applicable forestry regulations, license holders must provide fire control measures. The fires, caused by the violation of this obligation, caused significant environmental damage including ecological damage, damage to biodiversity and carbon release, and economic losses due to land degradation, as well as climate damage. The Ministry specifically sought restorative damages for the carbon released into the atmosphere due to the fires and the reduced carbon absorption capacity of the peatlands. The district court ruled in favor of the Ministry of Environment, and the Supreme Court subsequently upheld this ruling.