Wednesday, November 21, 2007 Osmeña: Environmental law By Antonio V. Osmeña Estatements
ENVIRONMENTAL law is a vital and growing field for lawyers and scientists interested in public service. The pay is low and the hours are long, but satisfaction is high.
In ecopolitics, environmental law plays an important role, particularly as a tool for delaying or preventing abuse of the ecosphere.
In the Anglo-American system, one party –the plaintiff (an individual or group of individuals)—makes a civil complaint alleging that he or she has been harmed by another party, the defendant. If the court decides that harm has been done, it orders the defendant to pay the plaintiff money to offset the damage.
The plaintiff can also request the court to enjoin the defendant from committing a specific wrongful act; that is, the court can be asked to issue an injunction.
To use the courts for a civil action, the plaintiff must allege that an act forbidden by a specific law has been committed. The plaintiff must file the complaint in the court that has jurisdiction on the case, and have the standing to pursue it. Then, of course, the plaintiff must prove that the actions of the accused—for example, the oil exploration at Tañon Strait—caused the alleged damage.
Unfortunately, a plaintiff may not have the standing to file a suit against a defendant. Standing for damage suits is granted only if it is clear that the harm to an individual plaintiff is distinguishable from that to the general public.
For example, you could not sue the Department of Environment and Natural Resources (DENR) for actions leading to the commercialization of a nearby wilderness area, on the grounds that you do not want your taxes used to bring about environmental harm. The harm to you could not be distinguished from that of the general public.
However, if the government caused damage on a property you own, you would have standing to sue.
The marginal fishermen who claim to be affected by the oil exploration undertaking will find it difficult to prove that such undertaking has caused the reduction of their catch.
Perhaps, the commercial fishing vessels plying the area is the culprit that caused the dwindling supply of fish, or pollution that destroyed the breeding area of fish within the coastal zone.
The depletion of fish stocks all over the country will need an extensive, costly scientific testing and research. Although individuals and groups have apparently won the right to sue (on a case-to-case basis) and have won a number of cases, there are still many problems to overcome.
Public interest groups have utilized laws that allow class action suits, or legal actions brought by one group on behalf of a larger number of citizens. For example, many people living near an airport, open-ended music bar or karaoke and barangay disco activities may be subjected to harmful, disruptive noise. The same can be used for a number of people who may become sick or suffer economic loss because of some form of pollution.
Noise pollution has become now a health problem to the people in Metro Cebu. Excessive noise is a form of stress and can cause physical and psychological damage.
According to the Environmental Protection Agency (EPA), nearly half of all Americans are regularly exposed to levels of noise in their neighborhoods and jobs that interfere with communication and sleeping and cause annoyance and dissatisfaction. About 35 million Americans are exposed to noises of sufficient duration and intensity to cause some permanent loss of hearing.
Our country has landmark legislation that declares that the National Government has a responsibility to restore and maintain environmental quality. What is now needed is for President Arroyo to establish a three-member Council on Environmental Quality (CEO).
The CEO should: determine the condition of the national environment; prepare an annual Environment Quality Report; develop and recommends to the President new environmental policies and programs; appraise and coordinate national environmental programs and activities; advise the President on environmental problems and solutions; and establish guidelines for the preparation of environmental impact statements.
