NSWMC told to issue NEAP list
THE COURT of Appeals (CA) has ordered the National Solid Waste Management Commission (NSWMC) and its attached agencies to issue a list of nonenvironmentally acceptable products (NEAP) within six months.
The court also ordered the government body to review and update the list year and inform the court about its enforcement progress, as it issued a so-called writ of kalikasan in favor of several environmental groups including Oceana Philippines International.
The writ compels the government to address the harmful effects of plastics and plastic pollution.
The appellate court said the commission failed to issue the list, which is required under the Ecological Solid Waste Management Act of 2000.
“It baffles the court how, for more than 20 years, respondents refused to come up with a NEAP list when they admit that they have already identified several plastic items as nonenvironmentally acceptable products,” according to the 44-page decision written by Associate Justice Ruben Reynaldo G. Roxas.
It noted that the Environment department, whose chief was among those sued, had declared plastic softdrink straw and plastic coffee stirrers as nonenvironmentally acceptable as early as 2021.
The DENR did not immediately reply to a Viber message seeking comment.
“The violation caused by respondent NSWMC’s failure to formulate the nonenvironmentally acceptable product list involves or will lead to an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces,” the court said.
Items on the list will be prohibited unless there are no alternatives available to consumers at no more than 10% greater cost.
The appellate court’s Former 10th Division Special Division of Five in the July 9 ruling said the NSWMC should not be allowed to continue to drag their feet in complying with their legal duties. — Chloe Mari A. Hufana