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The Belize Alliance of Conservation NGOs filed two legal challenges to the government's approvals of the Chalillo dam project, backed by the Canadian-owned Fortis-Belize Electricity Company Limited (BECOL). The challenge to the government's approval of the Environmental Impact Assessment for the project went before the Privy Council--the highest court in the Commonwealth and lost a final 3-2 decision in January, 2004. Below are BACONGO's grounds, arguments and some of the key evidence in the cases: Challenge to environmental approval
Challenge to Public Utilities Commission approval (not posted) Privy Council Final Decision--January 29, 2004Privy Council final decision 245kb text (.rtf)Privy Council Hearing--December 3 and 4, 2003BACONGO Skeleton Arguments 580kb pdf (notes on Geology 261kb pdf, Environmental Assessment 242kb pdf) BECOL Skeleton Arguments 475kb pdf (Annex I 84kb pdf, Annex II 184kb pdf) DOE Skeleton Arguments 517kb pdf Injunction Application before Privy CouncilThe case was heard on July 30, 2003 Court Decision (Court denies injunction, but warns Belize on Hydro Act) (300kb pdf) BACONGO Skeleton Arguments (Richard Clayton, QC--39 Essex; David Wolfe, Matrix Chambers; Christopher Forsyth, Robinson College, Cambridge; Lois Young, SC; ) (650kb pdf) BACONGO Petition (Richard Clayton, QC--39 Essex; David Wolfe, Matrix Chambers; Lois Young, SC; Richard Buxton, solicitor) (20kb pdf) Appeal 1 of 2003Appeal of Action 61, which challenges the rubber-stamp environmental approval by the National Environmental Appraisal Committee and the Department of the Environment. The Belize Appeals Court dismissed the appeal, but found that the issues raised were of significance and merit review by the Privy Council. Decision and Reasons, Belize Appeals Court, June 17, 2003
Injunction Application before Belize Appeals CourtBelize Court dismissed the application, ruling that it does not have the jurisdiction to grant an injunction. BACONGO will bring an application for an injunction before the Privy Council BACONGO Skeleton Arguments (MS Word 147kb) BECOL Arguments (560kb) DOE (Belize Govt.) Arguments (pdf 1MB) Action 61Challenges the rubber-stamp environmental approval by the National Environmental Appraisal Committee and the Department of the Environment. See also August 2002 update with photos. Belize's Chief Justice ordered the Department of Environment to hold a public hearing, but refused to overturn the approval of the dam. BACONGO appealed the case to the Belize Appeals Court. Laws: Environmental Protection Act (110kb pdf ) Leave Granted: Chief Justice Abdullah Conteh grants leave to seek judicial review, February 28, 2002 (pdf 22kb) Decision: Chief Justice Abdullah Conteh decision, December 19, 2002 (pdf 450kb) BACONGO Arguments:
NEAC/DOE (Government of Belize)
BECOL (Fortis) Arguments Minutes of the NEAC meetings on Chalillo BACONGO affidavits (<60kb pdf each): Richard Goodman, engineering geologist
BACONGO affidavits - Supreme Court: Ambrose Tillet, energy engineer (third affidavit only) Brian Holland, geologist (second affidavit only) Candy Gonzalez, BACONGO's NEAC representative Grainne Ryder, Policy Director, Probe International (on AMEC deal) Jamillah Vasquez (second), Executive Director of BACONGO Mick Fleming (second), Owner, Chaa Creek
BECOL affidavits - Supreme Court: Jeremy Gilbert Green, civil engineer Joseph Sukhnandan, Vice President of Planning and Engineering of BECOL Lynn Young, Director, BECOL James Code, engineering geologist Dawn Sampson, PR officer, BECOL
Belize Department of the Environment affidavits: Beverly Wade, Fisheries Administrator George Thompson, Archeological Commissioner, Department of Archeology Ismaeil Elejio Fabro, Chief Environmental Officer, DOE Ramon Frutos, meteorologist Valdemar Andrade, Executive Director, Belize Audubon Society Icilda Humes, Head of EIA and Project Evaluation, DOE
Macal River Hydroelectricity Development Act: passed and repealed Government repeals unconstitutional Act following Privy Council warning (update November 2003) Belize government passes unconstitutional bill to protect Fortis: Belizeans vow challenge in Privy Council (June 2003 update ; tv news report; editorial --Godsman Ellis; editorial --Meb Cutlack 1; editorial --Meb Cutlack 2; Belizean petition to recall new law--photo) "Fortis-is-above-the-law" Bill (600kb pdf) Action 138Challenges the approval by the Public Utilities Commission, despite the fact that BECOL is not operating with a license and did not obtain a consent to build the Chalillo dam and generation facility. (Not posted) Return to the StopFortis.org home page... |