Swiss Court To Hear US$2.5 Million Pollution Case Against CICO

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Flashback: EPA’s Compliance & Enforcement Department shutting down CICO operation site

A Swiss-based and an American-registered human rights organizations say they have gathered evidence from hundreds of residents and people within the Cassava Hill Community and will proceed to file a lawsuit in a Swiss court seeking a US$2.5 million compensation from CICO for multiple environmental abuses.

   In a press statement from the group’s office in Geneva, Switzerland, ‘“Environmental NGOs Friends” and “Advocates for Community Rights” said they believe that the livelihood and existence of Cassava Hill Community and nearby areas have been seriously threatened by CICO operation in the area.

   “Uncontrolled blasting of rocks has damaged several homes near CICO operation site, which is a clear violation of the condition provided in the previous permit issued the company,” the statement said.

    According to the document, the US$2.5 million lawsuit is seeking compensation from the company for environmental and public health threats to communities, air, water, plants, animal and children, and is believed to be the first international litigation for environmental damage in Liberia.

   Ma Yong, head of the legal defense team, explained that such cases are indeed rare, due to difficulties in gathering evidence and assessing damages. “Companies such as this, which refuse to change despite repeated warnings, can only be dealt with through the courts,” Ma said.

   Zhang Boju, Secretary General of Environmental NGOs Friends, said the law provides guidance on cases where damages are hard to assess. According to that interpretation, if the environmental damages cannot be calculated damages can be assessed in line with the company’s operating cost.

   On Friday, March 29, 2019, the Environmental Protection Agency of Liberia (EPA) shut down CICO’s facility in Caldwell for breaching environmental law and refusing to adhere to a notice of violation issued by EPA on March 4, 2019. The shutdown was executed by a team from EPA’s Compliance and Enforcement Department, headed by John K. Jallah.

   Reading a “Notice of Shut Down for Non-compliance” prior to shutting down the company, Jallah told management that their operation is in complete violation of the Environmental Protection and Management Law of Liberia. Jallah further noted that CICO is operating under an expired environmental permit, in violation to the law of Liberia and said the Chinese firm is liable to punitive actions consistent with the Environmental Protection and Management Law of Liberia.

   When contacted, the management of CICO refused to comment.

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