Subic Bay Freeport, Philippines – The Court of Appeals’ 15th Division has dismissed the writ of kalikasan case against the 600-megawatt, coal-fired power plant project of Redondo Peninsula Energy (RP Energy) in this freeport.
In a 101-page decision penned by Associate Justice Celia Librea-Leagogo, the appellate court said the petitioners failed to prove that their right to a balanced and healthy ecology was violated or threatened by the proposed power plant and that any damage would affect the lives of residents of two or more cities or provinces.
The case was filed before the Supreme Court on July 20 last year by party-list lawmakers led by Kabataan party-list Rep. Raymond Palatino and the Olongapo City-based environmental group No-To-Coal. The case though was later remanded to the CA.
The CA also junked the petitioners’ application for an environmental protection order for failing to show that the matter was of extreme urgency and that they would suffer grave injustice and irreparable injury.
In its decision, the CA said the burden of proof lies with the petitioners, but that they were unable to do this.
It added that RP Energy’s power plant has not yet been built and there is no proof that its circulating fluidized bed technology would damage the environment.