Association Wins Victory Against Landfill 不滿開發案.自救會提告 法院判自救會勝訴

Longsheng Village residents have not only formed a self-help association to protest the landfill project, but filed a lawsuit against the Miaoli County Environmental Protection Bureau asking that trial runs be suspended. The Taichung High Administrative Court ruled in favor of the association.


A melee broke out outside a landfill operated by Pacific Ecology Co. just a few hours before the court ruling was handed down. Residents heard that trucks were transporting refuse into the site for a trial run, and gathered there in protest. They got into a scuffle with security guards deployed by the company, and several people were injured. Legislators denounced the violence.

Hung Sun-han, Legislator (DPP): “Why does the Miaoli County Police Bureau have their shields facing the people?”

Chen Jiau-hua, Legislator (NPP): “The villagers believed the police were on the side of Pacific Ecology Co..”

A self-help association previously filed a lawsuit against the Miaoli County Environmental Protection Bureau for allowing the company to continue with this project. On July 21, the Taichung High Administrative Court ruled in favor of the association. A lawyer who helped the association said the developer decreased the scope of the project, didn't include an access road, and relocated a weigh station to dodge an environmental impact assessment.  

Chan Shun-kuei, Lawyer, Save Zaoqiao Association: “They of course make a judgment using objective standards based on the content of the overall development plan. The developer can't just cut whatever it wants, and the EIA authorities can't help whomever they want. The court has the authority to make the final review and judgment. ”

The Environmental Protection Bureau said it respects the ruling. It will wait to receive the written sentence before making a decision on appealing or asking for more documents for the EIA.

Chen Hua-sheng, Dir.-General, Env. Protection Bureau, Miaoli County: “We will temporarily suspend the trial run because of the court ruling.”

The company's business plan was previously approved, and it got a permit in mid-June to conduct a trial run that expires on Sept. 11. If it fails to conduct the trial run within the specified time period, then the entire project may be reset to zero. If the company wants to continue with it, it will have to reapply and pass another EIA.
 

 

 

 

在法院宣判前夕,坤輿事業廢棄物掩埋場外,在凌晨2點多,開始出現人群,傳出坤輿將運送事業廢棄物進行試運轉,在地反掩埋場的自救會鄉親集結,與開發方也派出人員,兩方發生衝突有人掛彩、流血,立委同聲譴責暴力。

民進黨立委洪申翰質疑:「為什麼中央的盾牌,苗栗縣警察局都只對著鄉親?」

時代力量立委陳椒華也說:「村民也甚至認為就是說,警方在袒護坤輿。」

自救會不滿苗栗縣環保局讓坤輿持續開發、決定提告,上午台中高等行政法院宣判自救會勝訴,協助訴訟的律師詹順貴指出,開發單位為規避環評,縮小開發面積,將聯外道路、地磅站切割,但不為法院所認同。

坤輿案自救會委任律師詹順貴表示:「客觀的標準,當然主要是依照它整體開發計畫的內容來做判斷,不是開發單位想切割就可以切割,也不是環評主管機關想要護航,就可以護航,法院有最後審查判斷的權利。」

苗栗縣環保局表示尊重判決結果,是否要上訴或是補辦環評,說要等到收到判決書再決定。

苗栗縣環保局長陳華盛回應:「目前依法院判決結果來做,我們會暫時先停止它的試運轉計畫。」

已經通過興辦事業計畫許可的坤輿案,6月中重新獲得試運轉許可,期限在9月11日,律師詹順貴指出若未在期限內完成試運轉,整起開發案恐將歸零,若要續推,則要重提計畫並進行環評審查。

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