State joins EMA smelter appeal

By Andre Bagoo Saturday, July 4 2009
http://www.newsday.co.tt/news/0,103169.html

ATTORNEY General John Jeremie has instructed State attorneys to join in an appeal of a High Court judgment which quashed the granting of a Certificate of Environmental Clearance (CEC) by the Environmental Management Authority (EMA) for the aluminium smelter plant in La Brea.

Jeremie has instructed attorneys Russell Martineau SC and Michael Quamina to join in an appeal to be lodged by the EMA against the decision of High Court Judge Justice Mira Dean-Armorer.

In an interview with Newsday on Thursday, Jeremie said the State was seeking the national interest in joining the matter. “The State is looking after the interest of the people of Trinidad and Tobago,” Jeremie said. He said the matter was really an issue of how foreign investment is regulated in this country. Noting that the quashing of the CEC would act as a precedent that may affect other companies looking for clearance to go ahead with projects in the country, Jeremie said, “I do not think that the decision of the honourable judge should stand as the final word on foreign direct investment. We should carry the case as far as we can.” “It seems to me that there must be something wrong with a process which holds-up a CEC,” Jeremie noted. Asked if the EMA should instead approach the process by studying the judgment and learning where it went wrong, Jeremie said, “I think that both things are necessary. One ought to look at the judgment and sort out what is required. But also you must make sure you have certainty of application.” On June 16, Justice Dean-Armorer ruled the EMA acted in an “outrageous”, “irrational”, “procedurally irregular” and illegal manner when it granted a CEC for work to start on the construction of the smelter plant at La Brea. The judge found the EMA failed to consider a crucial report on the cumulative impact of the smelter plant and a now under-construction power plant, as well as a planned port facility, and this tainted the process to approve plans for the project. EMA lawyers indicated on that occasion they were going to the Court of Appeal. The judge was invited to stay her ruling to allow lawyers for Alutrint and the State to file an appeal, but she declined. Her decision ought to have stopped all work on the project, but activity still continues at the site, according to environmentalists.