Saturday, July 12, 2008 Lawyers ask Global power firm: Quit ash dumps, or face lawsuit
A LAWYER who could not hide his annoyance over the issuance of an environmental compliance certificate (ECC) to a power plant without approval from the local government units (LGUs) will make good his promise to take the matter to court.
Lawyers Benjamin Cabrido Jr. and Santiago Ortiz Jr. wrote a letter to Jesus Alcordo, chief executive officer of Global Business Power Corp., of their intention to bring the alleged environmental violations to court.
The letter, dated yesterday, asked that the company cease “indiscriminate” coal ash dumping in several barangays in Toledo City.
The letter was also addressed to Gov. Gwendolyn Garcia and the Cebu Provincial Board (PB), Toledo City Mayor Arlene Zambo and Department of Environment and Natural Resources (DENR)-Environmental Management Bureau (EMB) 7 Director Alan Aranguez.
Cabrido and Ortiz said they represent the Toledanons affected by the coal ash dumping. They will be seeking half a billion pesos in damages.
“The continuing acts of Global Power or its agents and the omission or acquiescence of public officials mandated to implement the environmental laws and regulations constitute civil, criminal and administrative offenses,” read the notice of intent to sue.
“We demand that you abate, enjoin, cease and desist from further doing or tolerating these acts or omissions that are violative of the rights of our clients to breathe clean air and to a healthy environment within the period of 30 days from receipt,” it concluded.
Cabrido was one of those concerned parties who joined a forum initiated by the Cebu PB with Global Power to discuss its proposed expansion.
He could not contain his disgust over a memorandum issued by then Environment Secretary Angelo Reyes, waiving approvals from LGUs in getting an ECC.
Cabrido called the company “well-connected.”
PB Member Victor Maambong also slammed the memorandum and explained that in Cebu, an ordinance directs a “bottoms up” scheme in obtaining an ECC. This means that barangays, municipalities or cities involved should endorse the project before an ECC can be issued.
During that forum, the company also defended its ECC, saying that it got resolutions from the barangays and Toledo City affirming support for the power plant.
But Cabrido, Ortiz, some Toledanons and student advocates said they could not condone the environmental hazards.
Cabrido named at least four environmental laws violated by the company—the Ecological Solid Waste Management Act of 2000, the Clean Air Act of 2004, the National Integrated Protected Areas System Act and the Philippine Environmental Impact Assessment Law.
Over 63,000 tons of ash have been dumped in at least five barangays in Toledo City, according to the presentation made by Cabrido and Ortiz.
Over 5,600 residents were recorded to have suffered acute respiratory infections in 2004. It remained the number one illness in 2005, according to a record the Alliance of Concerned Toledanons Against Coal Ash acquired from the City Health Office.
In the PB-initiated forum last May, Ariel Arman Lapus, Global Power executive vice president, said the company can provide the “needed additional, reliable, cost-competitive power in Cebu that can also comply with the stringent environmental standards.”
The company also said it has conducted medical missions to ensure that the people’s health is not affected.
Some students have taken a stand on the issue, sharing their concerns in a press conference yesterday.
“Our lives are not limited to the classrooms. We don’t want our atmosphere to be polluted when we step out of our schools,” said 19-year-old political science student Shazeen Cruz.
“We are more likely to live longer than those in government so I would like to take this stand against the company because I don’t want to suffer the effects,” said 22-year-old law student Mary Joan Dulhao.
James Earl Kho, 20, added, “The youth should enforce our rights.” (JGA)
