In a landmark environmental ruling, High Court Justice Nadia Kangaloo has delivered a decisive verdict against Trinidad’s Environmental Management Authority (EMA) for permitting unlawful operations at a concrete batching facility in Chase Village. The December 15 judgment found the regulatory body acted illegally, irrationally, and in breach of procedural fairness by allowing Central Concrete and Pumps Ltd to operate without proper environmental clearance.
The court nullified all EMA decisions pertaining to the Derrick Road facility, including the certificate of environmental clearance issued April 15, 2024. Justice Kangaloo mandated immediate enforcement action to cease all plant operations until the company properly applies for and obtains valid authorization under Section 35 of the Environmental Management Act.
The case was initiated by Everton Phillip, a local pensioner whose two-decade struggle against the plant’s environmental impacts culminated in this legal victory. Phillip documented years of unresolved complaints regarding excessive noise and dust pollution from the facility operating in a residential-commercial zoned area.
Justice Kangaloo’s ruling highlighted systemic regulatory failure, noting that despite a 2014 EMA investigation recommending legal action and issuing violation notices, the authority subsequently entered into a consent agreement that improperly exempted the company from standard environmental compliance requirements.
The court awarded Phillip damages for losses sustained due to the unlawful operations, with quantum to be assessed by a master in chambers. The EMA was additionally ordered to cover the claimant’s legal costs. While the judgment takes immediate effect, operations may continue until January 26, 2026, under a temporary stay provision.
Legal representatives for both parties included Kingsley Walesby and Stephanie Rajkumar (claimant), Ian Benjamin SC with Tekiyah Jorsling and Rachel Ramoodith (EMA), and Shiv Sharma representing the interested party, Central Concrete and Pumps Ltd.