Earthlife wins first round of climate-change lawsuit against government

Earthlife Africa has won the first round of its climate-change lawsuit against the government.

It asked the Pretoria High court last week to revoke the environmental licence for the planned Thabametsi power station on the grounds that the Department of Environmental Affairs had not considered the impact of climate change and greenhouse emissions when it granted clearance for the coal station.

The Thabametsi station is part of a government plan to use private producers for power in Limpopo.

Judge John Murphy did not revoke the environmental clearance, but yesterday ordered minister Edna Molewa to hear Earthlife Africa's appeal against the granting of the licence, which she had previously dismissed.

When she hears the appeal against the environmental clearance, Molewa has to consider the fact that the coal station will send large amounts of carbon dioxide into the atmosphere for 40 years.

She also has to take into account the fact that the station is being built in an area of Limpopo that has water shortages and that the new station will use a lot of water.

In its argument, the Department of Environmental Affairs conceded that coal-fired stations were heavy greenhouse gas producers but said South Africa faced an energy crisis, which was impeding economic growth. Earthlife should take into account the need for economic development.

Representatives of the Thabametsi station argued that there was nothing in South African law specifying that climate change had to be taken into account in an environmental impact assessment. But Murphy said South Africa's policy and legislative framework would "support the conclusion that an assessment of climate change impacts would be relevant to the environmental authorisation".