WILLEMSTAD — This morning the court granted the request of the Isla refinery to suspend the verdict on compliance of the emission standard. Nevertheless, the appeal to a higher court must be heard as soon as possible, which is scheduled for October 30th. Until that time, the Board of Governors does not have to issue a new order.
In June of this year, the petition of the Board of Governors (the refusal of the requested application of administrative enforcement to uphold the emission standard (falls-out)) was quashed, and the Board of Governors was ordered to submit a new petition within four months after the date of the verdict, in compliance with the content of the verdict.
The Isla appealed to a higher court against this verdict. The request to suspend/temporary provision implied that the verdict of the first judge did not have to be complied with before the outcome of the appeal to the higher court. The institute Schoon Milieu (Clean Environment) (Smoc) on Curaçao (Smoc) objected the suspension. The judges determined this morning, amongst others, that there ‘was no further reason to assume in advance that none of the recommended grounds for appeals would be successful and that the verdict of June 18th in higher court would endure unabridged’.
"In particular, it is not excluded in the interim verdict that exceeding the limiting values as stated in the permit issued to the Isla, does not naturally result in a violation by Isla, against which the Board of Governors could act upon. Execution of the verdict would imply that enforcement should be applied. If the Isla will not close down her establishment and comply with the disposition, it is likely that such would require substantial investments prior to the higher court deciding how the permit should be interpreted and what the content of the upholding regulations against the Isla are."
Courtesy of www.amigoe.com