Data source
Date of text
16 Jun 2009
Original language


Type of text
National - higher court
Reference number
CV 2007 - 02263
Court name
High Court of Justice
Armorer D.

The claimants applied for judicial review of the decision of the Environmental Management Authority to grant a certificate of environmental clearance for the construction of an Aluminium Smelter plant.

Two other claims were filed at the same time, and all three applications were heard together. The main grounds of the applications are a breach of the precautionary principle embodied in the National Environmental Policy, flawed public consultation, omissions in the EIA rendering the decision illegal and a failure to consider the cumulative impacts associated with the project were a breach of precautionary principle.

The judge found that the EIA that was granted was in fact not legal and it was revoked. The other matters were left to be decided in a later case.