The National Environment Board Must Act Responsibly

The NEB is duty-bound to protect the environment and, as such, it should not appeal the Rayong Administrative Court's ruling on the Map Ta Phut pollution problem. But it can seek a reprieve by asking for an extension of the sixty-day period set by the court to declare a pollution control area in and around the infamous industrial estate.

The National Environment Board (NEB) is under heavy pressure from two opposing forces which share contradictory viewpoints regarding the recent Rayong  Administrative Court’s ruling that it must  designate areas adjacent to the Map Ta Phut industrial estate as a pollution control area.

The board is to meet Monday afternoon to decide whether it should appeal the court's decision.

On the one hand, there is the powerful private sector under the umbrella organisation known as the Joint Committee on Commerce, Industry and Banking (JCCIB) which is exerting pressure on the Board to appeal.  The JCCIB, which includes the Federation of Thai Industries, has claimed  the court’s ruling would affect both new and existing projects and could drive away potential investors.  JCCIB wants a national committee set up to collect up to date data about pollution in the areas surrounding the industrial estate, which could be used to support their case in court for a review of the ruling.

On the other side there are the Map Ta Phut residents affected by the pollution from the industries in the estate, civic groups, the Lawyers Council and academics who have all urged the NEB not to appeal for the sake of the affected people.

Squeezed in the middle, the NEB  chaired by Prime Minister Abhisit Vejjajiva will be hard pressed indeed to satisfy all parties. Whichever way it jumps, someone will be very unhappy.

But the board should be able to judge which of the two options is most beneficial to the country and the people.  It is, afterall, the National Environment Board and its  priority should be to the environment.  And designating areas surrounding Map Ta Phut industrial estate a pollution control zone, as ordered by the Rayong court should be its prime responsibility.

The private sector or the JCCIB may not be happy if the board decides not to appeal, but they can take the case to the Supreme Administrative Court  if they have “new” evidence to dispute all that damning evidence upon which the provincial administrative court based its judgement.  The private sector itself is not entitled to appeal the Rayong verdict because it are not a defendant in the case brought against the NEB and the Pollution Control Department by the Map Ta Phut residents.

It's clear the Rayong court’s ruling is viewed by the JCCIB in a narrow-mindedly negative light.  Instead, it should be a blessing in disguise for the industries in Map Ta Phut which have been discharging pollutants endangering the health of people living in the vicinity. An incentive to take steps to rectify the situation so that they can coexist and prosper harmoniously with the local communities.

Hurting the people with their toxic emissions and yet refusing to do anything to correct the situation with such ridiculous excuses as investment will be affected or potential new investors will be driven away put a big question mark over the private sector’s corporate social responsibility.  

It would be morally wrong for the NEB to appeal the court’s ruling.  A pause which may be acceptable and reasonable to all the parties concerned, is for the NEB to request an extension of the sixty day period for the designation of a pollution control area, as the timeframe may be too short for implementation.

Source - The Bangkok Post