PEOPLE POWER

Judge rules in favour of La Brea residents in smelter issue
Denyse Renne drenne@trinidadexpress.com
Wednesday, June 17th 2009
http://www.trinidadexpress.com/index.pl/article_news?id=161492193

Government's multi-million-dollar Alutrint aluminium smelter project at La Brea has been stopped.

At least temporarily.

The ruling to quash the decision of the Environmental Management Authority (EMA) to issue a Certificate of Environmental Clearance (CEC) was made in the Port of Spain High Court yesterday afternoon.

The news was met with thunderous, rousing applause from residents and anti-smelter activists who packed the courtroom eager to hear the outcome of the cause for which they protested.

Unable to contain their joy over the ruling, residents and supporters applauded Justice Mira Dean-Armorer as she hurriedly left the courtroom at the Hall of Justice.

In delivering a 156-page ruling against the EMA, Dean-Armorer minced no words as she became highly critical of the health factors which the residents could face.

Following a two-hour-long explanation as to how she arrived at her decision, Dean-Armorer said: "It is my view and I hold that decision of the (EMA) was procedurally irregular, irrational and made without regard to a relevant consideration.

"That is to say, the consideration of the cumulative impact of the three related projects-the power plant, the aluminium complex and the port facility. The decision (to grant the CEC) is hereby quashed and remitted for the consideration of the (EMA)."

The court action was brought by the Chatham/Cap-de-Ville Environmental Protection Group, the Trinidad and Tobago Civil Rights Association (TTCRA), Smelter Caravan, People United Respecting Environment, Maxine Harris and Janet Alexander. Tabaquite MP Ramesh Lawrence Maharaj led the (TTCRA), while Fyard Hosein SC led the case for Smelter Caravan.

Permission to challenge the EMA's granting of the CEC was granted on September 13, 2007, by Justice Peter Jamadar.

It was during the course of hearings that Maharaj argued the EMA did not take all environmental factors into consideration when granting the CEC.

Dean-Armorer further explained that though public consultations were held with the residents, the threat of their safety and that of the national community still existed.

"In my view, the instant case falls into a category of its own, where errors on the part of the defendant can have far reaching consequences for the health and national safety of the national population," Dean-Armorer said.

Adding once the certificate was granted that "the door is shut to the public's input," Dean-Armorer said the testimonies of several scientific professionals, as well as residents, revealed proper consultations did not take place.

"The court does not have to be the Academy of Science to notice such observations,"she said.

Following the ruling Maharaj told the court he was seeking costs, but Justice Dean-Armorer adjourned the hearing to July 24 to deal with that issue.

As they left the Hall of Justice doors, residents congregated on the steps screaming: "No smelter! no smelter!"

Their voices echoing all the way across to the Parliament chamber where the Upper House was in session.

Those passing on the roadways glanced at the joyous scene and when told of the ruling honked their car horns in support.

Overcome with emotion activist Gary Aboud was brought to tears, while several other supporters hugged each other and shook Maharaj's hands. Congress of the People member Anil Roberts also shook Maharaj's hand and congratulated him on a job well done.

Speaking with the media, Maharaj said the fight had only started and the public demanded that Prime Minister Patrick Manning stop the construction of the smelter altogether.

Attorneys seeking the interest of the EMA expressed their desire to appeal the decision in open court.

In a statement last night, the EMA said its legal team is reviewing the judgment. It added that "we believe that there are elements that may provide grounds for us to exercise the right of an appeal".

"Most aspects of the ruling went in our favour confirming that the EMA applied the process, and the 156-page judgment itself concedes the EMA has performed well in its attempts to achieve 'balance between the economic and environmental factors in achieving the goal of sustainable development."