Environment and Progress Through Law and Science Pryce Hotel, Cagayan de Oro City 15 Sept 2010 FEDERATION OF PHILIPPINE INDUSTRIES The Voice of Industry

PREMISES ENVIRONMENT - A CORE VALUE OF FPI FPI 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

POLICIES RULES OF COURT RIGHT TO BALANCED AND HEALTHFUL ECOLOGY R.A CLEAN AIR ACT BALANCING DEVELOPMENT AND ENVIRONMENTAL PROTECTION R.A 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 CASES SMALL VOLUMES OF WASTE WATERS Legal basis for court cases? Scientific basis? Carrying capacities?

GAPS IN ENVIRONMENTAL LAWS LAW MAY BE HARSH BUT THAT IS THE LAW - Dura lex, sed lexDura 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 QUALITY IMPLEMENTING RULE IS TO UPGRADE SPIRIT VS. LETTER OF THE LAW?

MANDAMUS- MANILA BAY ISSUES 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 JURISDICTION ILLUSTRATION 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 COURTS THE 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 JURISDICTION HOW ABOUT LGUS AND LOCAL ENVIRONMENT CODE? PHILIPPINES- TOO MANY LAWS? TOO MANY JUDICIAL INSTITUTIONS? HEALTHY TO INDUSTRIES AND ENVIRONMENT?

THE PRECAUTIONARY PRINCIPLE EXISTING 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 PRINCIPLE ILLUSTRATIVE 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 PRINCIPLE CASE 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 KALIKASAN HYPOTHETICAL BUT REALISTIC CASE A FACILITY SPILLS WASTES IN MARINE WATER IN 2 CITIES

SAVING THE MARINE RESOURCES EX PARTE CDO POWER OF DENR IF 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 GUILT EXPERTISES REQUIRED MARINE BIOLOGIST WATER BIOLOGIST TERRESTRIAL BIOLOGIST FAUNAL BIOLOGIST ALSO HYDRODYNAMICS EXPERT

SAMPLING AND TESTING SAMPLING 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 RECOMMENDATIONS FURTHER 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!