Appeals court: No to coal plant ECC

The Court of Appeals (CA) has upheld anew its earlier decision to stop a coal-fired power plant project in the Subic Bay Freeport.

In a May 22 ruling, the CA 15th division denied three motions for reconsideration filed by the Subic Bay Metropolitan Authority (SBMA), Environment Secretary Ramon Paje and that of Redondo Peninsula Energy filed last February on its Jan. 30 ruling.

Last Jan. 30, the CA division had among others, declared invalid the Dec. 22, 2008, environment compliance certificate (ECC) issued to Redondo by then Environment Secretary Jose Atienza Jr.

The court also declared invalid the two ECC amendments issued on July 8, 2010, and May 26, 2011, and the lease and development agreement dated June 8, 2010, entered into by SBMA and Redondo involving more than 380,000 square meters of land.

In its eight-page ruling, the appellate court denied the motions for reconsideration of the respondents and even the comments and opposition of petitioners that included Bayan Muna Rep. Teodoro Casiño on the motions for reconsideration.

It said the arguments raised by the parties were “mere reiteration of the matters already considered and passed upon in our (Jan. 30) decision, and that the arguments raised therein are too unsubstantial to warrant a consideration thereof.”

“We, therefore, find no compelling reason to modify or reverse our decision,” said the court ruling penned by CA Associate Justice Celia Librea-Leagogo.

The appellate court also reminded the parties to the case that the ECC and its amendments, as well as the lease agreement, were all declared invalid  “due to various defects and noncompliance with legal procedures and requirements.”

“In light of the foregoing, the ball is in the court of the respondents concerned, so to speak, to immediately take the appropriate measures directed toward their faithful compliance with all the legal procedures and requirements, as well as the rectification of the said various defects,” said the court.

In an earlier Inquirer report, Coal-Free Central Luzon Movement (CFCLM) was quoted as warning of an “impending air pollution catastrophe” in the region because private companies plan to build four coal-fired power plants in Zambales and Bataan to add to the two coal-fired facilities that already operate in Central Luzon.

Msgr. Antonio Dumaual, CFCLM chair, sent out the warning ahead of protest caravans against the proliferation of coal power plants, which Dumaual said are the “dirtiest sources of electricity.”

Citing the impact of coal plants on public health and environmental protection, CFCLM said the government should stop the construction of the 600-megawatt plant by Redondo and another 200-MW coal plant by Korea Electric Power Corp., both in Subic.

It said the government should also stop the 600-MW plant representing Phase 2 of the Masinloc coal power plant by American Energy Systems in Masinloc, Zambales, and a 600-MW plant by San Miguel Corp. in Limay, Bataan.