The court case had been initiated after the Rio Cobre was polluted in December 2023.
Dr. Theresa Rodriguez-Moodie, Chief Executive Officer of JET
Attorney-at-law Dr. Marcus Goffe
NEPA says it is looking into whether it can disclose any aspect of the confidential agreement with Trade Winds Citrus.
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Two environmental groups are expressing outrage at the decision of the National Environment and Planning Agency (NEPA) to withdraw criminal charges against Trade Winds Citrus Limited for an oil spill in the Rio Cobre in St. Catherine.
The decision was announced in the St. Catherine Parish Court on Wednesday when an attorney from NEPA informed the presiding judge that the regulator, the Natural Resources Conservation Authority (NRSC), had reached a settlement with the company.
But when Judge Yvette Wentworth-Miller requested the agreement for the court's scrutiny, the lawyer told her that it was confidential.
Environmental groups, Jamaica Environment Trust and Friends of the Rio Cobre, have responded to the development saying the decision sets a dangerous precedent that trivialises environmental violations and prioritises corporate interests over the health of natural resources and justice for impacted Jamaicans.
Dr. Theresa Rodriguez-Moodie, Chief Executive Officer of JET, said the decision to withdraw the charges entirely, without explanation or transparency, is incomprehensible.
"We feel really betrayed from by NEPA who is really supposed to be protecting the people and protecting the environment. We're really try to understand why NEPA would abandon criminal charges when the evidence is crystal clear in our estimation," she argued.
JET believes the lack of transparency erodes public trust and signals that polluters can "negotiate their way out of accountability".
Dr. Rodriguez-Moodie also argued that NEPA has damaged its reputation with the decision.
"If the public cannot trust NEPA to prosecute environmental offenders rigorously and transparency, it raises the question of whether NEPA should retain the authority to handle such prosecution at all. Now, this is really not just about Rio Cobre. While it is important, it is not just about Rio Cobre. It is about the future of environmental justice in Jamaica. We can't afford to remain silent while communities are left to shoulder the burden of corporate negligence and weak governance," she stressed.
The environmental group has called for the government to release the terms of the settlement and NEPA's reason for discontinuing the case.
In addition: "We're calling for stricter penalties for polluters and mandate full transparency in environmental cases. We're calling for a thorough view of NEPA's decision making and enforcement processes to restore public trust, and to ensure that environmental violations are prosecuted with seriousness that they deserve, and any settlement should be publicly disclosed," said Dr. Rodriguez-Moodie.
The agreement, which was reached through mediation, was done without the court's knowledge.
Chief Executive Officer of NEPA, Lenard Francis, told Radio Jamaica News that officials are still discussing how to publicly address the matter.
He said they are also looking into whether NEPA can disclose any aspect of the confidential agreement between the two parties.
Meanwhile, attorney-at-law Dr. Marcus Goffe, who was watching the case on behalf of fisherfolk and residents of the Rio Cobre community, said he is baffled by NEPA's decision.
Speaking on Radio Jamaica's Hotline, on Thursday, with host Emily Shields, Dr. Goffe said he had sought a postponement of the case for the agreement to be disclosed, but this was rejected by the court.
Described the unfolding of events as unfortunate, Dr. Goffe insisted that the Director of Public Prosecutions must reveal details of the agreement.
Opposition concerned
Meanwhile, the parliamentary opposition has urged the National Environment and Planning Agency to quickly provide clarity on its decision to drop criminal charges against Trade Winds Citrus.
Shadow Minister on Environment and Ecological Heritage, Senator Sophia Frazer Binns, said given the lack of transparency in the matter, she is questioning the reasons behind the decision to discontinue the case, and demands that these be publicly disclosed.
"As the body that is charged protecting our natural resources, it is important that [NEPA's] powers are exercised in a transparent way. We understand that a confidential agreement was entered into the party and we wish to ascertain whether the residents who were impacted by the pollution, whether they were part of the decision-making process or whether a part of the mediation or the discussion that took place. We also wish to ascertain the terms and the conditions of this confidential agreement that was entered into."
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