2024-01-19 10:41:00
Chiang Mai Provincial Court Judgment orders the Prime Minister-Environmental Committee Accelerate the completion of a plan to solve the PM2.5 dust problem in the northern region within 90 days after the amount still exceeds the standard.
Today (January 19), the Chiang Mai Administrative Court handed down a verdict in favor of the Prime Minister. and the National Environmental Commission Let’s jointly use powers under the National Environmental Quality Promotion and Preservation Act 1992 to set measures or create effective, integrated and sustainable emergency plans to prevent, control, solve, mitigate, or stop dangers caused by PM2.5 dust. which exceeds the standard value and is at a level that has an impact on the health of people in the northern region in a timely manner. In this regard, measures must be taken. or complete the said emergency plan within 90 days from the date the judgment is final.
The case follows on April 10, 2023, Mr. Somchai Preechasilpakul, professor and head of the Legal Research and Development Center. Faculty of Law Chiang Mai University and a group of 10 people filed a lawsuit against the Prime Minister and the National Environment Board. Securities and Exchange Commission Capital Market Supervisory Board Being the defendant in cases 1-4, requesting the court to issue a judgment or order to the Prime Minister. Order according to law to government agencies, state enterprises, or any person to act or participate in any action that will have the effect of controlling, stopping, or alleviating the adverse effects of the PM2.5 dust problem, and to the National Environment Board. Proceed with the law to consider ways to solve the problem or alleviate the harmful effects of the PM2.5 dust problem. Recommend to those involved as a matter of urgency. Including creating emergency plans to solve situations that occur in advance.
As for the Chiang Mai Administrative Court’s decision, it said that considering information from the Geo-Informatics and Space Technology Development Agency (GISTDA) and the Pollution Control Department, It appears that since 2019 onwards, many provinces in the northern region have PM2.5 dust levels that exceed the standard. It is at a level that has a continuous impact on people’s health. Especially during February-April ’23. together with the Dean of the Faculty of Medicine Chiang Mai University Director of Maharaj Nakorn Chiang Mai Hospital and the Director of the National Health Security Office, Region 1 (Chiang Mai) gave consistent information that PM2.5 dust is an important risk factor that causes respiratory diseases such as chronic obstructive pulmonary disease, lung cancer, and asthma. Suffocation, with the number of patients and the death rate of patients increasing greatly from 2018 until 2023, it is seen that in such cases it is considered that the northern area is in a state of pollution. which is dangerous to public health and causing damage to the quality of the environment Especially in Chiang Mai Province, which is the residence of the ten plaintiffs. Although the Prime Minister Actions will be taken to order prevention and solution to the problem of dust particles no larger than 2.5 microns (PM2.5), but due to weather conditions in the northern region. Including Chiang Mai Province Still in a state of being affected by health effects caused by PM2.5 dust exceeding the standard for a long and continuous period. In this case, it is considered that the Prime Minister performed his duties as required by law with an unreasonable delay.
In addition, although government agencies have always taken steps to solve problems according to the action plan to drive the national agenda, But the PM2.5 dust problem situation in the northern region still has levels exceeding the standard during December – April every year continuously, especially in 2023 in the areas of Chiang Rai, Chiang Mai, Lampang, Lamphun, Mae Hong Son, Phrae, and Nan. Tak, Sukhothai, and Phitsanulok had PM2.5 dust levels exceeding 50 micrograms/cubic meter for several consecutive days. and in some periods the amount was significantly higher than 100 micrograms/cubic meter (Level 4). It is considered a pollution problem that is likely to be serious to the point of endangering public health or may cause adverse effects. Affecting and damaging the quality of the environment It does not appear that the National Environment Board An urgent meeting has been scheduled to resolve the problem of PM2.5 dust that is in a crisis situation at level 4 and to consider and screen solutions to solve the problem or alleviate the harmful effects of PM2.5 dust to present to the Prime Minister. It was urgent at that time. Make all ten plaintiffs Being at risk of having health impacts both in the short and long term Therefore, it is considered that the Environmental Committee Neglecting duties or performing legal duties unreasonably late. But due to the problem of PM2.5 dust exceeding the standard in the northern region, it has been resolved since May. 66 The court cannot impose an order on the Prime Minister. and the National Environmental Commission able to perform such duties However, the problem of PM2.5 dust exceeding the standard in northern areas mostly occurs regularly during December – April of every year. and is likely to intensify Therefore, in order to prevent such events in advance both in the short term and in the long term in the future period according to the principle of precautionary measures. Therefore, there are sufficient reasons for the court to sentence the Prime Minister. and the National Environmental Commission Use powers and perform duties in accordance with the National Environmental Quality Promotion and Preservation Act. 1992 in order to prevent, control, correct, halt or alleviate the adverse effects of dangers and damages caused by pollution in an efficient and timely manner.
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