Senih Özay v. Ministry of the Environment and Eurogold Madencilik

Ref. No. 1996/5477, Ruling No. 1997/2312, 4 Int’l Envtl. L. Rep. 452

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Senih Özay v. Ministry of the Environment and Eurogold Madencilik

Turkey Supreme Administrative Court

Ref. No. 1996/5477, Ruling No. 1997/2312, 4 Int’l Envtl. L. Rep. 452

Facts

The Ministry of the Environment (the ministry) (defendant) granted a mining license to the Eurogold Mining Corporation (Eurogold) (defendant) to mine gold in Izmir. Eurogold was permitted to use the “heap leaching” mining method, which involved the use of cyanide, provided the corporation complied with environmental regulations. The Environmental Impact Assessment Report and other expert reports found that heap leaching presented a number of risks to the environment and humans, including the potential for cyanide to leak into the atmosphere or groundwater. Senih Özay (plaintiff) brought suit, asking for the mining license to be canceled. The administrative court of Izmir dismissed the action because granting the license did not violate existing regulations. Özay appealed.

Rule of Law

Issue

Holding and Reasoning ()

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