Benguet Corp. Nickel Mines Inc. said Thursday it will file a case against the Environment Department for “unlawful” suspension of its nickel operations in Sta. Cruz, Zambales.
BNMI said in a statement it was left with no other viable administrative remedy and was “constrained to elevate to the courts the matter of the unlawful suspension of its nickel mining operations in Sta. Cruz, Zambales, pursuant to the suspension order issued last July 8, 2016.”
BNMI is among the first batch of 10 companies whose operations were suspended by DENR for various reasons. The department said 20 more mining operations failed to pass an environmental audit, which could lead to suspension.
BNMI had to temporarily lay off more than 1,000 workers since the suspension order was issued.
“To avoid irreversible financial damage to its business and ease the hardship on other affected stakeholders, the company has no choice but to resort to legal action to obtain an equitable resolution to this controversy,” BNMI said.
The mining company said it was confident that its operations, once allowed to resume, would not pose any threat to the environment.
BNMI said it planned to file a petition for certiorari with injunction to assail the suspension order jointly issued by Mines and Geosciences Bureau, Environment Management Bureau and DENR Regional Offices “with grave abuse of discretion, in an arbitrary manner, without due process and ahead of the conduct of a nationwide mining audit.”
“BNMI will avail of said legal remedy to prove that despite its full compliance with remediation conditions under the previous lifting order dated Aug. 24, 2015, the said regional government agencies unjustifiably refused to reverse the suspension order,” BNMI said.
The company said the filing of the case aimed to protect itself, its workers and the affected communities which were depending on the corporation for livelihood and support.
BNMI said it had already exerted earnest efforts to assure the DENR and the anti-mining groups of its continued undertaking to conduct responsible and sustainable mining activities and its willingness to be an active partner of the government in protecting the environment.
“To this end, BNMI reached out to the DENR and the anti-mining groups to present a proposed arrangement that would have ensured that the environment in Sta. Cruz would not only be protected, but would even be improved, through a partnership between the mining corporations, the people and the government,” said BNMI.
“These efforts, however, proved to be unsuccessful, as the anti-mining groups, and even the DENR representatives, rejected BNMI’s fair and reasonable proposal and continue to appear bent on endorsing an unjust arrangement which will deprive the mining companies of any recourse against the results of the audit and, worse, will require them to summarily acknowledge alleged liabilities for compensation and rehabilitation, without immediate prospect of resuming operations,” BNMI said.
The company said the “ unjustifiable suspension” of its operations was taking its toll not only on the corporation but also on its workers, contractors and suppliers, its scholars and surrounding communities.
