Environment Audit
July
2010 |
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Previous Issues |
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LEGAL SCENE |
Church Sued |
Mr Baya Orisafeyijimi, whose property is situated next to the Gospel Apostolic Church, alleged in the suit before Justice Grace Onyeaboh of the Lagos High Court, lkeja, that the church’s activities constitute a nuisance which hampers his good health and caused damages to his house. Attorney General of Lagos, the state’s Environmental Protection Agency and Ministry of Environment have also been included in the suit.
A couple of years ago, plaintiff and the Environment Protection Agency (LASEPA) and the Ministry of Environment were sued by church alleging intimidation and harassment but the case was later on withdrawn citing its readiness to rectify any observed fault on its part in line with its intention to continually live in peace with its neighbour. Mr Orisafeyijimi, however, elected to prosecute his counter-claim against the church and the other defendants. He alleged that the church merely went to court to prevent him for suing it over its activities that purportedly constitute a nuisance to him and his household. He averred in a supporting affidavit that noise, harmful fumes and other emissions from the church’s installed four generating sets of various sizes constitute a threat to his health and discomfort to his family. He has claimrd a damages of N20 million against the church.
He also exhibited two reports from LASEPA and Ministry of Environment Ministry threatening to take action against church for allegedly failing to cut down on its alleged nuisance activities. LASEPA and the ministry took no further steps even when the church purportedly failed to obey the directives hence they are also reported.
The case, currently at the pre-trial stage, has been adjourned to June 25. |
| (The Nation Newspaper, Jun 02, 2010) |
Factory Farm Pollution |
The Natural Resources Defense Council (NRDC), Sierra Club and Waterkeeper Alliance, filed a lawsuit over a rule that effectively exempted thousands of factory farms from taking steps to minimize water pollution from the animal waste they generate.
Thousands of factory farm polluters threaten America’s water with animal waste, bacteria, viruses and parasites that can make people sick. Many of these massive facilities are flying completely under the radar; EPA doesn’t even know where they are.
As per the settlement reached, EPA will initiate a new national effort to track down factory farms operating without permits and determine for itself if they must be regulated. The specific information the EPA will ultimately require from individual facilities will be determined after a period of public comment. But the results of the investigation will enable the agency and the public to create stronger pollution controls in the future and make sure facilities are complying with current rules.
Ed Hopkins, Director of Sierra Club’s Environmental Quality Program commented, "Gathering more information to document factory farms’ pollution will lay the groundwork for better protection of our waters." |
| (NRDC, May 16, 2010) |
Protecting Endangered Species |
A lawsuit has been filed by the Center for Biological Diversity against US Forest Service and the US Fish and Wildlife Service to protect an endangered species, the Chiricahua leopard frog, from livestock grazing in the Fossil Creek watershed in the Mazatzal Mountains of central Arizona.
Lininger, an ecologist with the Center for Biological Diversity said, “Cattle can wipe out endangered animals at Fossil Creek and similar sensitive areas”. Public agencies must protect natural treasures from excessive grazing, not sacrifice them to private interests.
Approximately 290 cows were released into the Fossil Creek Range Allotment last September, and grazing is ongoing there now.
The complaint filed in US District Court in Tuscon states that the Forest Service violated its management standards by allowing grazing levels in excess of what agency science shows to be the land's capacity. |
| (Environmental News Network, Jun 02, 2010) |
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