English
In this case, the plaintiff is a non- profit company which challenged the decision to grant an environmental clearance permit to a tourism real estate project situated on the Placencia Peninsula.
The plaintiff alleged that the planned project is not respecting the environmental law legislation and more specifically, the environmental impact assessment regulations. Indeed, the plaintiff stressed that the planned project does not take into account the cumulative impact of the project with other similar projects in the area, does not provide enough information with on the impact on the environment and did not take into account public comments.
The Judge of the Supreme Court reviewed the evidence provided by both parties and held that the decision granting the environmental clearance to a new hotel resort was in line with the law. Indeed, the court considered that the environmental impact assessment procedure had been respected and that the public consultation had been taken into account, especially because the public surveys showed that the local communities were supporting the project. As a result, the appeal was dismissed.