The Opposition People’s National Party (PNP) has joined environmental groups in raising concern over the decision of the National Environment and Planning Agency (NEPA) to drop criminal charges in the Rio Cobre oil spill case.
The decision to withdraw criminal charges against Trade Winds Citrus Limited was reportedly announced in court yesterday.
It was also reported that on December 15 last year NEPA confirmed that a malfunctioning boiler at the Old Jamaica Beverage Plant, now owned and operated by Trade Winds Citrus Limited, was the source of an oil spill first observed in the river on December 11.
NEPA responded with an enforcement notice and promised further legal action.
In court yesterday, several weeks after the case began the presiding judge was reportedly informed that both parties had reached a settlement and NEPA wanted to discontinue the case.
The terms of the settlement have not been disclosed to the public nor were they reviewed by the judge or the clerk of the court because they have been deemed confidential by NEPA and Trade Winds.
The confidential nature of the settlement has raised concerns, particularly regarding transparency and accountability among environmental groups such as the Jamaica Environment Trust (JET) and Friends of Rio Cobre.
The Opposition has also raised questions.
Spokesperson on the Environment, Sophia Frazer Binns says the reasons behind the decision to discontinue the case must be publicly disclosed.
She noted that the situation also raises questions about the message of impunity being sent to those whose practices contribute to the destruction of the environment.
She said the residents of Bog Walk and the wider society deserve assurances that NEPA remains committed to safeguarding the environment and upholding their constitutional right to a clean and healthy environment.
Meanwhile, JET and Friends of Rio Cobre are insisting that the Government release the terms of the purported settlement.
They argue that the decision sets a dangerous precedent that trivializes environmental violations and prioritizes corporate interests over the health of natural resources and justice for impacted Jamaicans.
Chief Executive Officer of JET, Theresa Rodriguez-Moodie says the decision to withdraw the charges entirely without explanation or transparency is incomprehensible.
In the meantime, Friends of the Rio Cobre says it is shocked and disappointed, adding that NEPA owes the public answers.
The groups are also calling for the strengthening of environmental laws, ensuring stricter penalties for polluters and mandating full transparency in environmental cases.
They want reform of NEPA’s oversight role and a thorough review of NEPA’s decision-making and enforcement processes to restore public trust.
The groups are also calling for guarantees of accountability, ensuring that environmental violations are prosecuted with the seriousness they deserve and that any settlements are publicly disclosed.