Thursday, June 21, 2007 Groups ask for TRO v. oil hunt
GROUPS opposed to the oil and natural gas exploration between southern Cebu and Bohol are seeking an injunction from the Regional Trial Court (RTC) in Tagbilaran City.
The 13 complainants, through lawyer Raul Barbarona, are asking the court to declare null and void the certificate of non-coverage that Environmental Management Bureau (EMB) 7 issued to NorAsian Energy Ltd.
They are also seeking the same declaration against the memorandum of agreement (MOA) between EMB and NorAsian streamlining the environmental impact system process, aside from the immediate issuance of a temporary restraining order.
But Department of Energy (DOE) 7 Director Antonio Labios downplayed the petition. DOE is also named as respondent in the complaint.
Labios doubts if this could block the seismic survey, citing several instances where the court denied petitions for temporary injunctions against government projects.
He admitted that the seismic survey will have adverse effects on marine life but stressed that these would be only “at a very minimal and insignificant level.”
Low impact
“It is just a low impact and is not long-term,” he said.
The survey in the southern Cebu side started last Monday and will be finished in 10 days.
Some of the affected fishermen in the towns of Argao and Sibonga were compensated for their damaged “payaw” or fish pen and loss of income in the 10-day period.
The final list of fishermen was to be submitted by the municipal mayors to NorAsian yesterday.
Kristoffer Fellows, the Australian firm’s chief executive officer, refused to comment on the complaint.
But he said they won’t stop the survey unless told by the DOE because they have an agreement stipulated in the certificate of non-coverage, and a contract with the Philippine Government to comply.
“We have surveys and exploration in other countries. We have one in Alaska and we always follow stringent measures and we (did not) get negative feedbacks,” he said in a mobile phone interview with Sun.Star Cebu.
The survey may have an impact on the environment, he said, but it is incorrect to say that it could kill marine mammals and other underwater life.
Respondents
Named respondents in the petition were DOE Secretary Rafael Lotilla, NorAsian chairman Rufino Bomasang and EMB 7 Director Alan Arranguez.
The petition sought to prohibit the respondents from conducting the seismic surveys in the identified areas.
It also asks the court to direct Arranguez to enforce the environmental impact system law by requiring NorAsian to secure an environmental compliance certificate (ECC) after conducting an environment impact assessment.
Barbarona, executive director of Environmental Legal Assistance Center (Elac) and counsel for the petitioners, said it is true that the courts are not allowed to rule on matters that could disturb the smooth function of the administrative machinery.
“But on issues definitely outside of this dimension, and involving questions of law, courts are not prevented by PD (Presidential Decree) 605 from exercising their power to restrain or prohibit administrative acts,” the petition read, citing a court ruling on Heherson Alvarez vs. Picop Resources Inc.
Standards
Barbarona said international standards of the level of sound created underwater should not exceed 180 decibel, otherwise it can be adverse to marine life.
He said a seismic survey could produce 200 to 260 decibels, which could kill marine mammals and other life forms.
But Labios said passenger fast crafts passing the Cebu-Bohol Strait daily produce 220 decibels. “I don’t think these fast crafts have been killing our marine sources as according to Barbarona’s theory.” (AIV)
