EDITORIAL

By: Omar Silva, NP EDITOR

Belize City, Friday 28th April 2023

The ongoing legal battle over the Waterloo port proposal in Belize has taken another turn, with the Ashcroft Alliance requesting the recusal of High Court Justice Patricia Farnese as chairperson of the National Environmental Appraisal Committee (NEAC) Appeal Tribunal. The Alliance's lawyers argue that Farnese's past involvement with environmental activism and her close ties to the Green Party may create an appearance of bias in her decisions regarding the port proposal.

This latest development highlights the complexity of balancing economic development and environmental conservation in Belize. While the Alliance may argue that the Waterloo port proposal will bring economic benefits to the country, environmental activists and concerned citizens may argue that the potential negative impact on the environment and natural resources outweighs any economic benefits.

The NEAC Appeals Tribunal is the last legal step for a developer to attain environmental clearance within Belize's laws after being rejected by the Department of the Environment. The ongoing legal challenges and requests for recusal of members of the Tribunal have seemingly contorted the appeals process to the liking of the Alliance. This situation raises broader questions concerning whether a judge's previous political, academic, and advocacy work ought to preclude them from adjudicating matters on the grounds of an appearance of bias, as opposed to actual bias.

The decision of whether or not to recuse Justice Farnese from the NEAC Appeals Tribunal will have significant implications for the future of the Waterloo port proposal and the balance between development and environmental conservation in Belize. It is essential that the decision is made carefully, taking into account all factors and considering the long-term impact on the country's environment and economy.

Ultimately, Belize must strike a delicate balance between its economic development and its commitment to protecting its natural resources and unique ecosystems. It is imperative that all stakeholders work together to find a solution that benefits both the economy and the environment, and that is in the best interests of the people of Belize.