Supreme Administrative Court Halts Coal Mine

Pictures courtesy of Naewna

The Supreme Administrative Court on 14 February 2026 upheld an earlier order by the Chiang Mai Administrative Court suspending approvals linked to a proposed coal mining project in Ban Kabeurdin, Moo 12, Omkoi subdistrict, Omkoi district, Chiang Mai. The ruling temporarily halts resolutions of the Expert Committee on Environmental Impact Assessment (EIA) for mining projects, pending a final judgment or further order. The decision prevents the issuance of a mining concession to 99 Thuwanont Co Ltd and bars the company from proceeding with the project.

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The case concerns resolutions made at the committee’s meetings No. 24/2554 on 16 August 2011 and No. 36/2563 on 29 December 2020, which approved the EIA for the coal mining project under concession application No. 1/2543. The approvals were granted by the Chiang Mai Provincial Industry Office. Fifty residents from Ban Kabeurdin (Moo 12), Ban Tung Loy, Ban Nong Krathing (Moo 4), Ban Yong Kue (Moo 8), Ban Khun (Moo 20) and other parts of Omkoi district filed suit, alleging the project would harm public health and the environment.

The Supreme Administrative Court found that the EIA did not assess impacts on agricultural areas and communities using water from the entire Huai Derm stream. It also failed to address toxic and semi-toxic metals in coal or evaluate potential soil and water contamination from acid mine drainage and leakage of metals into soil, groundwater and surface water using spatial and temporal risk mapping. The study area was limited to a three-kilometre radius without supporting data or comprehensive stakeholder coverage.

The court further noted complaints lodged with Omkoi Police Station, the Omkoi District Damrongtham Centre and the National Human Rights Commission of Thailand alleging forged signatures in village meeting records. In its report No. 141/2563 dated 24 June 2020, the commission determined that the public participation process for the EIA constituted a violation of human rights. The court observed that the expert committee continued to rely on the same information without requiring corrections or additional data.

Naewna reported that the court ruled that allowing the resolutions to remain in force could cause ongoing and potentially severe environmental and health damage that might not be remedied even if later revoked. It stated that suspending enforcement would not obstruct state administration or public services, but would prevent authorities from issuing the mining concession and stop 99 Thuwanont Co Ltd from commencing operations. The suspension remains in effect until the court issues a final judgment or other order in the case.

Key Takeaways

• The Supreme Administrative Court has upheld the suspension of EIA approvals for a coal mine in Omkoi district.

• The court cited deficiencies in environmental risk assessment and concerns over forged signatures and human rights violations.

• The mining concession cannot be issued and the project cannot proceed pending a final ruling.

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  Adapted by ASEAN Now Naewna 15 Feb 2026