of written distinction, these corporations’ actions at times have contributed to the weakening
environmental values of Trinidad and Tobago.The issues raised in the Courts of Trinidad and
Tobago and in the public domain involving the unethical activity of such corporations and large
businesses have place d enormous pressure on the EMA.67
In the ALNG case, the applicant for judicial review raised the issue of unfair political action. It
referred to a letter from the Chief Executive Officer of ALNG to the foremost Government
energy expert in Trinidad and Tobago, who at that time was the Chairman of the Cabinetappointed Standing Committee on Energy.
It was argued on behalf of FFOS that this letter was an attempt by ALNG to have the EMA’s
approval without thorough consideration on its environmental implications. However, Justice
Stollmeyer stated that it lacked evidence to suggest that the EMA did anything on behalf of
ALNG with respect to this letter.
The Governing Structure of the Environmental Management Authority
The governing body of the EMA is tarnished by suspicion of being undermined by corruption
and political manipulation. It is managed by a Board of Directors appointed by the President
pursuant to Section 6(1) of the EM Act 2000. The vote for the appointment of a President has
always gone in favour of the nominee of the political party with the majority of members in
Parliament. Conventionally the President’s statutory power, such as on appointing a Board of
Directors, is favourable towards the advice of the Cabinet.
A next aspect of the EM Act 2000 that challenges the independence of the EMA is the power of
the Minister under Section 5, over the actions of the EMA. The conclusive power of the
Minister over its actions creates the presumption that the EMA is at the mercy of other bodies
and cannot impartially address, and may even contend, public interest.
The State as a Key Economic Participant
In Trinidad and Tobago, the State acts as both a major facilitator and regulator of economic
67
Loutoo, Jada “ EMA cries pressure from big business,” Trinidad Guardian, May 31st, 2003. Daily Newspaper.
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