[Ruling] Environmental law – Environmental Impact Assessment (EIA) – an appeal against NEMA and the 2^nd Respondent challenging NEMA’s environmental impact assessment (EIA) certificate of approval to the 2^nd Respondent –appeal further requested the tribunal to set aside the approval by NEMA and to order the 2^nd Respondent not to continue any development activities at the project site- appeal on the ground that the approval did not comply with the requirements of the Environmental Impact Assessment and Audit Regulations- whether the procedure and steps followed in approving the 2^nd Respondent’s application for an EIA license was proper in terms of the provisions of Regulations –where no public hearing was conducted- whether the decision of NEMA conveying its approval of the EIA Project Report to the 2^nd Respondent could be set aside- regulations 9 and 10(2) of the EIA and Audit Regulations, 2003(Legal Notice 101), section 129(1) of EMCA

Environmental law – Environmental Impact Assessment (EIA) – an appeal against the Respondent’s refusal to issue the Appellants with an Environmental Impact Assessment (EIA) License and to set aside the said decision-appeal on the ground that the grounds cited by the Respondents for refusing to grant the licence had no basis in law or –where the respondents cited among other reasons, that they had received strong objections from members of the local community-where the proposed project was to build 2,000 homes to house 10,000 people- whether the decision by the Respondents fell short of adequately balancing both concerns-whether the respondents were justified in preferring the views of those stakeholders who objected to the project without considering whether the objectives of the project, which all the objectors said were worthwhile, could be met in the absence of this project section 60 of the Environmental Management and Coordination Act, 1999 (EMCA) and Regulation 20 of the Environmental (Impact Assessment and Audit) Regulations 2003, Section 23(1) The Physical Planning Act