Smelter appeal to be heard in September (T&T Guardian Newspaper, 14/07/09)

by Francis Joseph

The appeal against the construction of the aluminium smelter plant at La Brea has been deemed urgent and will be heard sometime in September. Madame Justice Alice Yorke-Soo Hon, presiding in the Court of Appeal, also ordered that the Attorney General be made a party to the appeal. On June 16, Madame Justice Mira Dean-Armorer, presiding in the Port-of-Spain High Court, granted an order of certiorari, quashing the decision of the Environmental Management Agency (EMA) to issue a certificate of environmental clearance on April 2, 2007, to Alutrint, the developer.

Dean-Armorer said, “It is my view that the decision of the defendant, EMA, was procedurally irregular, irrational, and made without regard to the relevant consideration, that is to say, the consideration of the cumulative impact of the three related projects—the power plant, the aluminium complex, and the port facility.” Dean-Armorer remitted the matter to the EMA for consideration, meaning that the EMA must go over the entire process for the construction of the smelter plant. The case was filed by three public interest groups, People United Respecting the Environment (Pure), Rights Action Group (RAG) and the Smelter Karavan.

But the EMA did not appeal against the three groups. The EMA appealed against PURE, although lawyers for the three groups appeared at the Court of Appeal yesterday. PURE was represented by Marina Narinesingh. The first application was for the Attorney General to become a party to the appeal, although the AG asked that he would not be liable for costs at the end of the matter. Representing the AG were Russell Martineau SC and Stuart Young. Alutrint, which was represented by Deborah Peake SC and Kerwyn Garcia, sought and was granted a stay of the payment of costs. Ian Benjamin represented EMA.

There was no application to stay the judgment of Dean-Armorer. The EMA asked that the appeal be deemed urgent. Soo Hon agreed that the appeal be deemed urgent, and that the appeal be expedited and be fixed on a date in September. The 2008-2009 law terms ends on July 31 and the new law term will open on September 21 with the ceremonial parade.