Green groups seek SC intervention vs. proliferation of coal plants

Environmental organizations asked the Supreme Court (SC) on Friday to stop the government from issuing new permits for the construction and operation of coal-fired power plants until a review and revision of air quality monitoring standards are ironed out.

In a petition, the organizations led by the Philippine Movement for Climate Justice (PMCJ) and the Philippine Earth Justice Center (PEJC), Inc. took the Department of Environment and Natural Resources (DENR) and the Department of Energy (DOE) to task for allegedly neglecting their duty to act as vanguards of energy security and environmental sustainability.

The petitioners called on the high court to enjoin the DENR from processing environment clearance certificate (ECC) applications for coal-fired power plants and issuing authority to construct and permit to operate coal plants.

They also asked the SC to order the DENR to "immediately review or revise" ambient air quality guideline values, emission standards for stationary sources, and effluent standards; disclose the coal plant companies operating without Continuous Emission Monitoring System (CEMS) and Constinuous Emission Opacity Systems (COMS) as required by the Clean Air Act.

Also on the petitioners' plea are for the SC to order DENR to install proper ambient air monitoring equipment and delineate and designate attainment and non-attainment areas, at least in areas with existing and proposed coal plants, and for the DOE to issue the Renewable Portfolio Standards (RPS) Rules and establish the Green Energy Options Program.

The groups are also asking for a high court directive for the DOE to reduce dependence on fossil fuels and comply with the Philippines' commitments under the Paris Climate Change Agreement.

Data from the DOE show coal share in the country's energy mix has almost doubled, from 25.9 percent in 2008 to 47.7 percent in 2016, despite the passage of the Renewable Energy Act (Republic Act 9513) in 2008.

"As a direct result of the failure of DENR and DOE to do their duties specifically enjoined by law and their respective offices, the country has had to rely on dirty energy generated by coal plants that have been operating without proper standards, without accountability, and without regard to their adverse impact on the environment and the people's health," the petition read.

"Unless this Honorable Court intervenes, the Philippines will be locked into costly and harmful coal contracts for generations to come, despite the existence of renewable energy that is cleaner, cheaper and better," it added.

Sought for comment, DENR Undersecretary for Legal, Legislative Affairs and Anti-Corruption Maria Paz "Ipat" Luna said they have yet to see the petition.

"I have to see the pleading first but personally I welcome any challenges that would push us to perform our mandates," Luna said.

DOE Undersecretary and spokesperson Wimpy Fuentebella, for his part, said: "Our bureaus and legal servicess are looking into it."

Some of the petitioners include members of the community in Limay, Bataan where environmental, health, and social impacts of coal have been recorded in the area. 

Early this year, the petition said Limay community members exposed the impacts of the coal plants situated in the area to the public which later on were downplayed by the coal plant owners to mere complaints and baseless accusations. — MDM, GMA News