Victories & Steps Along the Way: Chile, South Africa, Malaysia and Brazil

Chilean Company Must Clean Up Toxic Environment

A home in Arica, Chile, near the original dump site.

Arica, Chile – E-LAW U.S. has worked for many years
with partners in Chile to remedy environmental
contamination in Arica, a town near Chile`s northern
border with Peru. In the mid-1980s, a Chilean company
imported 20,000 tons of lead- and arsenic-laced mining
wastes to Arica for reprocessing. The company later
abandoned the wastes. Later, children living in lowincome
housing near the wastes were found to have
dangerously high levels of lead and arsenic in their
bodies. E-LAW U.S. worked with advocates at Fiscalia
del Medio Ambiente (FIMA) as they filed a case in local
court to force authorities to remediate the contaminated
area and compensate the affected citizens. Although
the government moved the waste piles to a ravine just
outside of Arica, a substantial amount of contaminated
soil was left behind. In August 2004, the court in
Arica ordered the Chilean company, including two of
its officers, to bear the costs of remediating the
environmental damage caused by its import of wastes.

South Africa to Pass Strict Air Quality Standards

Cape Town, South Africa – South Africa`s parliament
is overhauling the country`s principle air quality
legislation. The first draft bill represented a significant
step backwards. The bill would have delayed enactment
of strict ambient air quality standards by delegating
this task to an administrative agency; and the bill would
have weakened air quality permits required of industrial
polluters by allowing emission limits in these permits
to be based solely on technology that is "practical."
E-LAW advocate Angela Andrews, at the Legal
Resource Centre in Cape Town, is representing the public
in parliamentary deliberations on the draft legislation.
She sought assistance from E-LAW U.S. to improve the
bill. E-LAW U.S. provided Angela with examples of how
legislation from the U.S. and other countries provides
for strict ambient air quality standards and requires
industrial polluters to achieve emission standards based
on the "best available technology."
In August, Angela reported that the parliament had
re-written the draft bill to correct the defects. As it
heads to passage, South Africa`s air quality legislation
will include strict ambient air quality standards and
require polluters to install the best available air pollution
control technology for controlling air pollutant emissions.

Malaysian Factory Ordered to Reduce Toxic Emissions

CAP attorneys, front left, join families from Chemor.

Chemor, Malaysia – More than 60 families live near a
rubber factory in the village of Chemor. For many years,
the factory has been a constant source of noxious
fumes, including hydrogen sulfide, which causes
breathing difficulties, sleep disorders, headaches,
nausea, eye irritation, fatigue, and more. E-LAW U.S.
supported efforts by local advocates with the Consumers
Association of Penang (CAP) to bring relief to the
villagers. E-LAW U.S. helped CAP obtain and interpret
ambient air quality data showing that families in
Chemor were breathing levels of hydrogen sulfide
hundreds of times higher than the standard permitted
by the World Health Organization! CAP filed a lawsuit
in the High Court of Ipoh seeking an injunction to stop
harmful emissions from the factory. In May, the factory
agreed to a court-supervised settlement to implement
specific measures within 21 days that will substanitally
reduce toxic emissions of hydrogen sulfide.

Advocates in Brazil Conserve Arvoredo Biological Marine Reserve

Florianopolis, Brazil – Grassroots attorneys at
APRENDER (Action to Preserve Natural Resources and
Promote Sustainable Development) have been working
with fishing communities, diving companies, and other
stakeholders since 2002 to draft a management plan to
protect the Arvoredo Marine Reserve — an archipelago
off the coast of Florianopolis in southern Brazil.
In July, APRENDER presented its plan to more than
100 government and local community representatives.
The Plan was approved by the Ministry of the
Environment (IBAMA) and will soon be signed into law.
E-LAW U.S. has worked with advocates at APRENDER
since 2001 to educate communities in Brazil about
protecting the environment through law.