Tag Archives: falcondo

ENVIRONMENTAL DISASTER IN VALLE ENCANTADO, QUITA SUEÑO

Today marks the 15th day of the oil spill from the viaduct that carries this fuel to the FALCONBRIDGE mine at its facilities in Bonao from the deposit they have in Quita Sueño Haina, San Cristobal. The spill has been detected in Quita Sueño de Haina’s neighborhood Valle Encantado, two tanker trucks are sucking oil from the sewers, pulling several trucks out since Sunday, August 20, without having found the leakage that has caused the environmental disaster to date. as the backhoe loaders keep trying to find the leak.

 

The impact on water, soil, subsoil, air, biodiversity and people is not yet estimated, but it is certainly considerable. Neighbors have told the national press that they have suffered in their health, feel dizzy, with headaches, vomiting, eye irritation, among other symptoms.

 

The damage caused by the spill to the nearest neighbors has been evident from not being able to light a stove in their homes, to having to move away from their home, since the fuel is flammable and if they light a stove to cook their food could blow up the whole neighborhood and there is something worse that you can’t cook in your home, or you can’t live in your home with your family, without having anywhere to go and the danger for those who stay, exposed to any greater disaster that that already has occurred.

 

This type of environmental disaster only occurs when there has been negligence on the part of the company in the maintenance of the oil pipeline, leaving it to its own fate and although they are repeat offenders, the authorities do not do the monitoring work that the law requires and inevitably this type of environmental disaster occurs.

 

DESASTRE AMBIENTAL EN VALLE ENCANTADO QUITA SUEÑO-02FALCONDO again commits environmental crime in the impoverished town of Quita Sueño, and as provided in article 76 of Law 64-00, which states that ” The consequences of environmental disasters caused by negligence shall be the exclusive responsibility of the persons or entities responsible for them, who shall replace or restore the areas or resources destroyed or affected, if possible, and shall be held criminally and civilly liable for the damages caused”.

 

Article 174 of Law 64-00 also classifies this type of act as an environmental crime as it reads “Everyone who, by act or omission, guilt or intentionally, transgresses or violates the present law and other provisions that complement it, commits a crime against the environment and natural resources and, therefore, will respond accordingly. Thus, any aggression or crime against the environment and natural resources gives rise to an action against the guilty or responsible party.”

 

Euren Medina Cuevas
Director of INSAPROMA
Expert in Environmental Law

INSAPROMA: Protecting the Loma Miranda is a matter of life or death

Original article: Nacional, Friday, September 21, 2012

The Lawyers Institute for Environmental Protection (INSAPROMA) through its Executive Director, Euren Cuevas Medina, have expressed their opposition to the exploitation of Loma Miranda and say they are preparing a brief to submit to the appropriate courts, those responsible in any attempt to jeopardize access to water that is a fundamental right as provided in the Constitution of the Nation. This institution has a history of cases brought to court, as the case rockash, Dunas de Bani, its opposition to the installation of a cement plant near the Los Haitises National Park, the granceras of San Cristobal among others, joins the demands of the generality of institutions and sensible people in the country who claim the “declaration” as a protected area of Loma Miranda for its importance for the conservation of water.

Lic. Cuevas Medina, said that there are important precedents in cases similar to this, as is the judgment of the Administrative Court of Costa Rica that by claim of its community, were canceled all permits that had been granted to the mining company of Canadian capital,  Infinito Gold SA to extract 800 thousand ounces of gold in the town of Cutris of San Carlos, based on the danger of such exploitation to the access to water for the community and because of irregularities in the process of permits, in the famous “Crucitas” case.

The legal basis of the writing that are developed by INSAPROMA is declared in the Constitution of the Republic in its articles 14 to 17, 66 and 67, international conventions such as Biodiversity, Climate Change, Desertification and Drought, General Law of the Environment and Natural Resources No. 64-00, specifically Article 178 which states “Any person or association of citizens has an active legal right to denounce and sue for any fact, action, factor, process,or omission or obstruction, which has caused, is causing or may cause damage, degradation, damage, contamination and / or deterioration of the environment and natural resources.”

Paragraph.- Also may require before the Ministry of Environment and Natural Resources and any other authority established by this law and legislation, or to the Office of Environment and Natural Resources, compliance with the obligations established by the this Act and other environmental laws, environmental quality standards, regulations, demanding cessation, correction, or repair of the anomalous situation that drives or cause, and stipulated penalties for offenders.

Obviously, this article gives active legal right to every person not only for a “fait accompli” that has damaged the environment, if not for any action, factor or process or omission or impeding them that in the future may harm or endanger the natural resources and in this case that danger where Falconbridge Xstrata Nickel mining threatens to pollute and do away with a green lung that is Loma Miranda where 22 rivers are generated that feed water to the provinces of Monsignor Nouel, La Vega, Maria Trinidad Sanchez, Duarte and Sanchez Ramirez, as stated by the ecologist and member of the Academy of Sciences and the Environmental Commission of the Autonomous University of Santo Domingo, Luis Carvajal Núñez. This would affect more than one million people and agricultural properties.

INSAPROMA warns the mining company Falconbridge Xstrata Nickel that continuing with the permitting process for the exploitation of Loma Miranda will be met in the courts and authorities of Environment and Natural Resources calling them not to grant an environmental license whereby a serious Environmental Impact Study would certainly prove this mining project as non feasible.

SECOND PENAL COURT SETS HEARING AGAINST FALCONDO AND ITS PRESIDENT

Judges will hear the case against Minera Falconbridge Dominicana SA, its President David Soares, together with the accused Geraldo Trinidad and Giovanny Bloise. The hearing will be held on Wednesday, June 15, 2016. The provision is contained in Order No. 301-2016 TFIJ-058 of the Second Criminal Chamber of the Court of First Instance of the Judicial District of San Cristobal, chaired by Judge REGINA BISCAYNE CARVAJAL.

Environmental Jurist Lic. Euren Cuevas Medina said he was confident that the mining company Falconbridge Dominicana SA, its President David Soares, the accused Geraldo Trinidad and Giovanny Bloise will receive an exemplary sentence for causing health damage and death to people from toxic gases emission for more than 15 years. The jurist Cuevas Medina Continues saying with this criminal action, Falconbridge Dominicana (Falconbridge), David Soares, Geraldo Trinidad have violated Law 64-00 on the Environment and Natural Resources and the Law 42-01 on Public Health to the detriment of inhabitants of Quita Sueño, Haina, Province of San Cristobal especially the families Castro Delgado and the Dominican State.