Letter of Day | NEPA’s betrayal of public trust: A call for accountability

THE EDITOR, Madam:

The November 27 decision by the Natural Resources Conservation Authority (NRCA) to withdraw criminal charges against Trade Winds Citrus Limited (TWCL) for causing an oil spill in the Rio Cobre in December 2023 is a disgraceful betrayal of the public trust.

On December 15, 2023, the National Environmental and Planning Agency (NEPA), the NRCA’s administrative agency, confirmed that a malfunctioning boiler at the former Jamaica Beverage Plant, now operated by Trade Winds Citrus Ltd, was responsible for the oil spill observed in the Rio Cobre on December 11. NEPA quickly issued an enforcement notice and promised further legal action. There must have been sufficient evidence for prosecution – something NEPA has previously cited as a challenge in bringing environmental violations to court. The case was subsequently brought as a criminal matter under the Wildlife Protection Act, where TWCL, if found liable, would have faced a minimal fine – J$100,000. NEPA, however, withdrew the case, citing the millions that TWCL spent on clean-up and the promise that TWCL would maintain and expand its use of best environmental practices, collaborate with NEPA and the community in environmental monitoring, and developing sustainable solutions for the Rio Cobre.

NEPA’s decision to abandon the case sends a dangerous message: polluters can negotiate their way out of accountability offering nothing more than vague and unenforceable promises.

Laws are in place not only to penalise, but to deter undesirable actions. Prosecuting violations sends a clear message that illegal actions have consequences, holds polluters accountable, encourages regulatory compliance, and builds public trust in the legal system. Furthermore, successful prosecutions set important precedents, strengthening laws over time.

These events go beyond the Rio Cobre; they call into question the integrity of our entire environmental justice system.

Jamaicans deserve an environmental agency that upholds the law and champions the protection of our natural resources. The state response to the Rio Cobre spill underscores the urgent need for transparency, integrity, and accountability in environmental enforcement.

JAMAICA ENVIRONMENT

TRUST