Stop Global Warming Association and Others vs. Department of Highways (First Defendant) and Ministry of Transport (Second Defendant), Thailand

One hundred thirty (130) plaintiffs sought a court order against the highway development project that damaged numerous varieties of prohibited or rare woods along a length of a national highway that is the gateway to Khaoyai National Park, one of the country’s natural UNESCO World Heritage sites. Also, the plaintiffs sought a court order to direct the defendants to proceed with the environmental impact assessment, health impact assessment and public consultation, and to restore the removed trees close to their original sizes and varieties as much as possible within the given time frame. The Central Administrative Court ruled that the Stop Global Warming Association has juridical person status under the Civil and Commercial Code and is a registered non-governmental organization under the 1992 Enhancement and Conservation of the National Environmental Quality Act, whereas the other 129 plaintiffs are either the residents or tourists, who were affected by the damaged woods. As a result, all plaintiffs have locus standi in this case. However, the Court ruled that the defendants had no duty to proceed with the environmental impact assessment and the health impact assessment and a public consultation was moot because the project has been completed and opened to the public. Nevertheless, the court also ruled that the defendants failed to protect and conserve the prohibited or rare woods. As a result, the defendants were prescribed to restore the removed trees close to their original sizes and varieties as much as possible within the given time frame.