Environmentalists in Trinidad and Tobago are jubilant over a decision by Justice Mira Dean-Armorer that effectively halts work on the multi-million dollar aluminium smelter plant at La Brea. Dean Armorer granted an order quashing the decision of the Environmental Management Agency (EMA) to issue a certificate of environmental clearance on April 2, 2007, to Alutrint, the developer.
“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,” the judge wrote.
The decision means that the EMA must go over the entire process for the construction of the smelter plant. If the agency wishes, it can appeal to the Court of Appeal.
Three public-interest groups had asked the court to rule on the matter. The People United Respecting the Environment (PURE), Rights Action Group (RAG) and the Smelter were ecstatic when the judge announced her decision in court.
Former Attorney General Ramesh Lawrence Maharaj was the lead counsel for the claimants.
Dean-Armorer reminded everyone the court decision does not determine whether there should be a 
smelter in Trinidad and Tobago.
"The court is concerned only with examining the decision of the EMA to grant Environmental Clearance and considering whether the decision is flawed, according to any grounds specified in the Judicial Review Act,” she pointed out.
The judge said she had no doubt that there was considerable scientific evidence before the court of threats of both serious and irreversible damage to both the environment and human health.
The judge has set July 24 to hear submissions for costs but that might be stayed if the EMA decisdes to appeal.
Last week Prime Minister Patrick Manning launched the contruction of a new power station in La Brea that would produce the power for the smelter. He scoffed at protesters who tried to draw attention to their environmental concerns.
He dismissed those concerns saying the people who have been protesting the construction of the Alutrint Aluminium Smelter Plant will object no matter what adjustments are made.
“Let me make it clear if there is one project in which there have been very widespread consultation before the project started it is the aluminium smelter and power plant that goes with it,” Manning told reporters.
Read the story: Manning launches mega-project
The government said Tuesday it won't abandon the smelter project but it will respect the High Court judgment. Energy Minister Conrad Enill said he would look at the application for the Certificate of Environmental Clearance to see if there is any room of improvement.
He said the Government has already invested between $30 and $40 million in phase one which deals with site preparation. The project is estimated to cost $400 million.
Altruint has not commented on the court's decision.
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