Environmentalists lauds court ruling on coal waste

ENVIRONMENTAL advocates on Saturday lauded a court directive halting the disposal of coal combustion waste, or coal ash, by power plants in Naga and Toledo cities as a triumph for environmental health and justice.

Participants of a workshop on the “precautionary principle” in Cebu City applauded the issuance yesterday by the Regional Trial Court of Mandaue City of a temporary environmental protection order (TEPO) to remedy “indiscriminate coal ash disposal” in the cities. Organized by the Quezon City-based EcoWaste Coalition and the Cebu City-based Philippine Earth Justice Center (PEJC), the workshop emphasized adherence to the precautionary principle as fundamental to promoting chemical safety and a toxic-free society for all.

“We commend and congratulate the PEJC and other concerned groups and residents who acted as petitioners for invoking the precautionary principle to uphold the constitutional rights of affected communities from improperly disposed coal ash, which constitutes a public health hazard,” said Rei Panaligan, coordinator, EcoWaste Coalition.

“Precaution, a universally-accepted principle, tells us to err on the side of caution if only to ensure the health and safety of our people and the environment from toxic risks,” he explained.

Law professor Gloria Estenzo-Ramos, PEJC coordinator, said that the TEPO, a milestone in environmental defense, was made possible by the adoption of the Supreme Court under then Chief Justice Reynato Puno of the “Rules of Procedure for Environmental Cases.”

In a citizen’s suit filed last week, PEJC and other petitioners said, “even in the absence of full scientific certainty as to the how much harm coal ash affects the health of petitioners and the ecosystem, this Court is still required under the rules to exercise and adopt a precautionary attitude.”

As stated in the “Supreme Court Rules of Procedure for Environmental Cases,” the following factors may, among others, be considered in applying the precautionary principle: 1) threats to human life or health, 2) inequity to present or future generations, or 3) prejudice to the environment without legal consideration of the environmental rights of those affected.

The workshop featured internationally-recognized public health advocate Dr. Romy Quijano, a toxicologist, who spoke about the elements of the precautionary principle and the need for vigilance to “protect human health and the environment and to prevent any potential adverse effects.” –Francis Earl A. Cueto, Manila Times