⎫ A group of joint plaintiffs filed suit against the Department of Commercial Aviation to halt the expansion of the Khon Kaen airport and to invalidate the Cabinet resolution which authorized it.
⎫ The plaintiffs argued that pollution from the project was causing the local population to breathe in dust particles which led to chronic respiratory diseases and impacted the water system of the local village of Decha.
⎫ Furthermore, the plaintiffs argued that the Cabinet resolution that authorized the project was unlawful since the Defendant did not submit an EIA to the Cabinet while the project was under consideration.
⎫ During the proceedings, the Court of Appeals ruled against the plaintiffs holding that the plaintiffs failed to allege in their complaint that the area where the construction was occurring was an environmentally protected area pursuant to Section 43 and which could require an EIA according to Section 44.