Alcoa Law Suits

What you can do to fight Alcoa?

The law is clear. Any individual in Trinidad and Tobago can institute civil action against any individual, agency, institution or person conspiring to pollute our environment. You do not have to wait until it is too late and the plant is built. Here is the exact wording of the Law:
(Environmental Management Act of 2000)

69. (1) Any private party may institute a civil action in the
Commission against any other person for a claimed violation of any of
the specified environmental requirements identified in section 62,
other than paragraphs (c) (d) and (l), save where-
(a) the complainant has given written notice of such claimed violation
to the Managing Director of the Authority at least sixty days prior to
the commencement of the civil action:
(b) the complainant has served a copy of the complaint on the Managing
Director within twenty-eight days of the date on which the complainant
was first authorised to bring such an action.
(c) the Authority has not commenced an enforcement action under
sections 63 to 67 inclusive or through other appropriate means
available to it under section 68 regarding such claimed violation; and
(d) the Authority has not elected to assume responsibility for taking
enforcement action under sections 63 to 68 inclusive within sixty days
after the filing of a direct private party action by the complainant.

   (2) For purposes of this section, any individual or group of
individuals expressing a general interest in the environment or a
specific concern with respect to the claimed violation shall be deemed
to have standing to bring a direct private party action.


    (3) In any such action under this section, the Authority or the
Attorney General may intervene at any time as a matter of right.

   (4) This section shall come into force and effect on a date to be
fixed by the President.

70. (1) Any person who through the release or handling of any pollutant
or hazardous substance, or the arrangement for another person through
any contract or other agreement to release or handle any pollutant or
hazardous substance, knowingly or recklessly endangers human life or
health, commits an offence, and is liable on conviction on indictment,
to a fine of one hundred thousand dollars and imprisonment for two
years.

     (2) Any person who knowingly or recklessly undertakes or conspires
to allow any activity in an "environmentally sensitive area" or with
respect to an "environmentally sensitive species" designated under
section 41, which may have an adverse impact on the environment within
such area or on such species, commits an offence and is liable, on
conviction on indictment, to a fine of one hundred thousand dollars and
imprisonment for two years.

71. Where a violation of any environmental requirement has been
committed by a person (other than an individual), any individual who at
the time of the violation was a director, manager, supervisor, partner
or other similar officer or responsible individual, or who was
purporting to act in such capacity, may be found individually liable
for that violation if,
having regard to the nature of his functions in
that capacity, the resources within his control or discretion, and his
reasonable ability to prevent the violation -
(a) the violation was committed with his direct consent or connivance;
or
(b) he, with knowledge, did not exercise reasonable diligence to
prevent the commission of the violation.

Trinidad and Tobago - Know Your Rights!

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