Environment and Progress Through Law and Science

Pryce Hotel, Cagayan de Oro City 15 Sept 2010

FEDERATION OF PHILIPPINE INDUSTRIESThe Voice of Industry

PREMISESENVIRONMENT - A CORE VALUE OF FPIFPI NOT INVOLVED IN PUBLIC

CONSULTATIONS BUT WELCOMES THE RULES OF COURT

IN POLLUTION CASES TIME IS KEY ELEMENT FOR INDUSTRIES AND ENVIRONMENT

FPI OPEN TO SHARE IN RATIONALIZATION OF CERTAIN RULES

EFFECTIVE SCIENCE-BASED AND FAIR IMPLEMENTATION

POLICIESRULES OF COURT RIGHT TO BALANCED AND HEALTHFUL

ECOLOGYR.A. 8749 CLEAN AIR ACT BALANCING DEVELOPMENT AND ENVIRONMENTAL PROTECTIONR.A. 9275 CLEAN WATER ACT ECONOMIC GROWTH..CONSISTENT WITH PRESERVATION OF ….. WATERS

SCIENCE IN COURT CASES

CASE OF CLOSURE OF WASTE TREATMENT INVESTMENT OF FOREIGN COMPANY

BOTTOMLINE-WHAT IS “HAZARDOUS WASTE”

CASE OF CLOSURE OF SME FOR ALLEGED VIOLATION OF CLEAN AIR ACT

BOTTOMLINE-WHAT IS AIR POLLUTION

SCIENCE IN COURT CASESSMALL VOLUMES OF WASTE WATERS

Legal basis for court cases?Scientific basis? Carrying capacities?

GAPS IN ENVIRONMENTAL LAWSLAW MAY BE HARSH BUT THAT IS THE LAW - Dura lex, sed lex E.G. CLEAN AIR ACT

CASES WHEN LAW ITSELF IS VAGUED

SPIRIT OF THE LAW AND LETTER OF THE LAW

VIOLATION OF LAW BUT NO POLLUTION

CLEAN AIR ACT NON POLLUTING INDUSTRIES ARE SUBJECT TO HARSH PENALTIES AND SANCTIONS SEC 19… “CONCENTRATION VERSUS MASS RATE” STANDARDS SEC 45…”ANY EXCEEDANCE” SUBJECT TO PENALTIES

UPGRADING OF MANILA BAY EFFLUENT STANDARDS (CONTINUING MANDAMUS)INTENT IS TO RESTORE MANILA BAY

QUALITYIMPLEMENTING RULE IS TO

UPGRADE

SPIRIT VS. LETTER OF THE LAW?

MANDAMUS- MANILA BAYISSUES ARISING DOABILITY OF COMPLIANCE COMPLIANCE OF GOVERNMENT BUILDINGS? LLDA/EMB ACTION? IMPACTS ON THE POOR IMPACTS ON INVESTMENTS INTERPRETATIONS BY VARIOUS INSTITUTIONS

MANILA BAY - MANDAMUS

WE SEE LEGAL/SCIENTIFIC SOLUTION IN COURT CASE VERSUS WATER CONCESSIONAIRE(S)

INSTITUTIONAL JURISDICTIONILLUSTRATION

CASE BY LGU FILED IN COURT VERSUS MULTINATIONAL (VIOLATION OF PD 1586)

EMB IS THE COMPETENT AUTHORITY EMB IS NOT CONSULTED SUBJUDICIAE

THE PAB AND THE COURTSTHE POLLUTION ADJUDICATION BOARD MANDATED UNDER RA 8749 AND RA WHAT CASES CAN GO STRAIGHT TO COURT AND

WHAT TO DENR FIRST BEFORE COURT ONLY AFTER EXHAUSTION OF REMEDIES

PAB SUPPORTED BY COMPETENT SCIENTIFIC AUTHORITY – THE EMB

HAS HISTORICAL KNOWLEDGE OF ENVIRONMENT

GAPS WITH PAB, IF ANY, CAN BE REMEDIED

INSTITUTIONAL JURISDICTIONHOW ABOUT LGUS AND LOCAL

ENVIRONMENT CODE?

PHILIPPINES- TOO MANY LAWS? TOO MANY JUDICIAL INSTITUTIONS?

HEALTHY TO INDUSTRIES AND ENVIRONMENT?

THE PRECAUTIONARY PRINCIPLEEXISTING LAWS CAN EXERCISE PRINCIPLE

ILLUSTRATIVE CASES

CAA AND HARMFUL SUBSTANCES IN

AUTOMOTIVE FUELS CASE OF HAZWASTE FACILITY EX PARTE CLOSURES ENVIRONMENTAL RISK ASSESSMENT AS A

TOOL

PRECAUTIONARY PRINCIPLEILLUSTRATIVE EXAMPLE (CURRENT CASES) CASE OF A RECYCLING PLANT GRAVE THREAT TO HEALTH “WEAKNESSES” AS SEEN BY RESPONSIBLE

NGOs SLOW GRIND OF JUSTICE POWER OF LGU/HIDDEN AGENDA? GAPS IN ENVIRONMENTAL LAW

THE RECYCLING PLANT

PRECAUTIONARY PRINCIPLECASE OF BACKYARD BATTERY

RECYCLING

DOCUMENTED HEALTH RISKS/DEATHS

THREATS FROM A LANDFILL PROJECT

WHAT IS AN ENGINEERED SANITARY LAND FILL?

PRECAUTIONARY PRINCIPLE THUS IN CERTAIN CASES PRECAUTIONARY PRINCIPLE CAN BE EFFECTIVE IN SPEEDY JUSTICE FOR ENVIRONMENT AND PEOPLE

PRECAUTIONARY PRINCIPLE – HOW APPLIED? HEALTH RISKS AND FOSSIL FUELS

PRECAUTIONARY PRINCIPLE HOW APPLIED? - HEALTH AND BIOETHANOLS

PRECAUTIONARY PRINCIPLE MAY BE SUBJECT TO “OVERZEALOUS” BUT INAPPROPRIATE ACTIONS

WRIT OF KALIKASANHYPOTHETICAL BUT REALISTIC

CASE

A FACILITY SPILLS WASTES IN MARINE WATER IN 2 CITIES

SAVING THE MARINE RESOURCESEX PARTE CDO POWER OF DENRIF VIA COURT WILL THERE BE A NEED

FOR A CASE TO BE FILED FIRST?CAN DENR ISSUE EX PARTE CDO WHEN

THERE IS A CASE IN COURT?TIME IS OF THE ESSENCE FOR

ENVIRONMENT

ESTABLISHING GUILTEXPERTISES REQUIREDMARINE BIOLOGISTWATER BIOLOGISTTERRESTRIAL BIOLOGISTFAUNAL BIOLOGISTALSO HYDRODYNAMICS EXPERT

SAMPLING AND TESTINGSAMPLING PROCEDURE AGREEMENT ON SAMPLING POINTS-5 DAYS THIRD PARTY SAMPLING TEAM SURVEY – WEEKS TO MONTH LAB TESTS - MAY BE MORE THAN 10 DAYS WRIT- 10 UNEXTENDEBLE DAYS TO ANSWER

OTHER LAWS VIOLATED?

PD 1586?

NEEDS HISTORICAL KNOWLEDGE

FPI RECOMMENDATIONSFURTHER AND IMMEDIATE REVIEW

OF CERTAIN RULES FROM SCIENTIFIC PERSPECTIVE

DENR/PAB-FIRST BEFORE COURTS FPI CAN ASSIST COURTS THRU SCIENTIFIC EXPERTS AS FRIENDS OF

COURT

SALAMAT PO!