CEBU, Philippines – A citizen's suit for environmental protection order was filed yesterday by a group of environmentalist and individuals before the Regional Trial Court in Mandaue City against the Department of Environment and Natural Resources, Department of Energy and the local government officials of Cebu Province and the cities of Naga and Toledo including coal-fired power plants operators for alleged indiscriminate dumping of coal ash.
The Philippine Earth Justice Center represented by its executive director Gloria Ramos, Farmers Development Center, Fisherfolk's Development Center and the concerned residents of the cities of Toledo and Naga have asked for the issuance of a temporary environmental protection order from the court.
The complainants named the secretaries of the DENR and DOE and its regional directors Leonardo Sibbaluca and Antonio Labios, respectively, as well as Environmental Management Bureau chief Allan Aranguez as respondents.
The other respondents include Governor Gwendolyn Garcia and Vice Governor Gregorio Sanchez, Jr. representing the Cebu Province, Toledo City Mayor Aurelio Espino, Naga City Mayor Valdemar Chiong, Toledo Power Corporation, Cebu Energy Development Corporation, Salcon Power Corporation and Korean Power Corporation.
The public respondents are accused of tolerating the alleged "illegal, improper and indiscriminate" disposal of coal ash by the private respondents.
The complainants claimed that the continued indiscriminate disposal of coal ash in Toledo and Naga will cause "grave and irreparable damage to their health as well as their environment."
They claimed that the coal ash contains hazardous chemicals which affect the health and the environment.
"Continued acts of illegal and improper disposal of coal ash by private respondents pose clear and present danger to the life and health of petitioners. They also render inequity to the present and future generation of Filipinos since coal combustion residuals pollute waterways and bodies, the aquifer, the biosphere and the atmosphere," the petition reads.
The complainants prayed for a 72-hour ex-parte temporary environmental protection order enjoining the coal-fired power plants from transporting outside from their plants any quantity of coal combustion residuals.
They are likewise praying that the temporary protection order be extended after summary hearing of the petition until the case is resolved.
The petitioners are asking that the court, after trial, will order the public respondents, through a writ of continuing mandamus, to formulate and thereby implement rules in the proper and sound disposal of coal ash consistent with environmental justice.
They are also seeking that the private respondents be ordered to clean up, restore and rehabilitate all terrestrial and fluvial areas affected by their alleged improper and illegal disposal of coal ash.
The Memorandum of Agreement that the province has entered into with KEPCO for the disposal of coal ash at the Balili property is also sought to be declared invalid. - Ellenie Irine Apuya and Apple Pernes, PIT ABCOMM Interns/FPL (THE FREEMAN)