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Environmental Issues in Asia Spark Legal Actions

May 31st, 2007

In the Thai province of Ang Thong, pollution of a river by waste from a nearby factory caused a mass die-off of fish, affecting hundreds of fishermen. Rather than put immediate pressure on the offending factory, the government diverted other budget money to repay the grim-faced farmers who raise fish in floating baskets on the river. But the farmers don’t have the economic means to bring suit against the factory if this happens again, so the National Health Foundation funded a study to find a solution to these kinds of environmental problems, which occur frequently as Asian economies industrialize.

The Ang Thong study recommended the creation of an Environmental Court, in which polluters could be held responsible for their actions. Local judges hope that the establishment of the court will help raise awareness about the need for environmental protection. In Thailand, according to the Bangkok Post, it is acknowledged that both government agencies and the private sector are slow to obey environmental regulations.

However, like everywhere else I traveled on my recent trip to Asia and Australia, this could be about to change. For example, Australian citizens already have the right to file lawsuits against polluters. And in Hong Kong, a lawsuit has been filed to protest perceived failure by the government to live up to its environmental commitments.

The part of the recommendation that’s most interesting to those of us who help companies concentrate on environmental health and safety is the new right of a citizen to file suit against a project he merely suspects will harm the environment. To protect against these lawsuits, companies will have to be vigilant in their data monitoring to make sure they are able to defend themselves.

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Entry Filed under: Sustainability, Corporate Responsibility

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