The Supreme Administrative Court ruled yesterday that the National Environmental Board (NEB) was not negligent in performing its duty to prevent pollution in the Map Tha Phut Industrial Estate in Rayong.
A local community action group had asked the court declare the area a pollution control zone yesterday but the presiding judges rejected this, arguing the NEB had already made a similar announcement in 2009.
The court said tambon Noen Phra, tambon Map Kha, tambon Thab Ma in Muang district and tambon Banchang in Bangchang district, all in the same municipality, had already been zoned in this way and this status remained active.
Despite the unfavourable verdict, those behind the request hailed it as a victory because the court acknowledged the area remains heavily polluted.
The decision highlighted how the NEB is duty-bound to prevent any harmful impact to the environment and people's health, and it must not delay taking action to resolve such problems, said Surachai Trong-ngam, a legal representative for the Environmental Litigation and Advocacy for the Wants (EnLAW) Foundation.
"Many points in the verdict will help the People's Eastern Network work harder to tackle pollution in Rayong," said Mr Surachai, who also represents this civic group that was responsible for filing the request with the court.
"Clearly the problem has not yet improved, even though the government's planned law for the special economic development zone in the eastern region will exacerbate the pollution there and make the situation worse," he added.
Residents in Rayong have been battling pollution for years. A group of 27 people filed a petition with the Rayong Administrative Court in 2007 accusing the NEB of negligence. That court's verdict favoured the plaintiffs, saying the NEB should declare the area a pollution control zone as requested. It said local villagers were within their rights to make such a request as they had been adversely affected by heavy pollution there. The NEB appealed the verdict in a bid to clear its name and wipe the negligence charge.
