Victory for the Rule of Law in Jamaica

Pear Tree Bottom in 2005, before development (PHOTO: Wendy Lee)

In May, a high court ruled that a Cancun-style resort under construction at Pear Tree Bottom near Runaway Bay on Jamaica`s north coast violates Jamaican law. Undeveloped beaches in this area offer one of the few remaining spots where Jamaican families can enjoy the beach and local fishermen can launch their boats. The resort threatens to block access to these beaches and destroy unique coastal ecosystems.

A Spanish hotel chain is building the 1,900-room Bahia Principe resort in a relatively undisturbed coastal site that includes a dry limestone forest, freshwater marshes, a river, coastal wetlands, wildlife habitat, and one of the best remaining coral reefs on Jamaica`s rapidly developing north coast.

E-LAW U.S. is working closely with the Jamaica Environment Trust (JET) to ensure that this enormous project does not violate local law and respects principals of sustainable development.

E-LAW U.S. scientists reviewed the Environmental Impact Assessment (EIA) for the proposed development and pointed out its flaws, such as the failure to explain how sewage would be treated and the failure to conduct an assessment of rare and endangered species on the site.

E-LAW U.S. is also collaborating on legal strategies, reviewing draft pleadings, and helping respond to government arguments. E-LAW U.S. Staff Attorney Jennifer Gleason has traveled to Jamaica to work with JET, and Jamaican lawyers have traveled to Eugene to work with E-LAW U.S.

Following the recent victory, JET Executive Director Diana McCaulay wrote: "As you can imagine, this has caused the most incredible excitement... We are being deluged with messages of congratulations and support. Thank you thank you for all the magnificent help from E-LAW U.S. and the network."

Following the decision, the hotel developers and their EIA consultants filed an application to the court to be heard as affected third parties. On June 23, Justice Bryan Stykes ruled that phase one of the hotel could continue on the current permit, but made six strong declarations that the environmental regulatory bodies breached their own procedures and laws in the approval process.

This ruling is a huge win for Jamaica`s environment and the rule of law. For the first time, citizens have successfully modified shortsighted development in Jamaica through the court. With the help of E-LAW, JET will continue to monitor subsequent phases of the hotel development at Pear Tree Bottom.

Congratulations to JET for this inspiring win and for motivating E-LAW partners around the world.