This essay analyzes the issue of copyright laws being used to stifle public involvement in the environmental decision-making process in Trinidad and Tobago. It provides a comprehensive discussion of the problem of the Environmental Management Authority (EMA), which is the regulatory body in Trinidad and Tobago (TT), attempting to treat an Environmental Impact Assessment (EIA) as copyrighted. The essay tracks the challenges faces by Fishermen and Friends of the Sea (FFOS), a local NGO, in its efforts to promote environmentalism. This led to a legal challenge by FFOS on the issue, which is examined in this essay. The essay delves into the fundamental principles of public participation/consultation as articulated by Parliament, the EM Act, the National Environment Policy, and related case law. It highlights the critical relationship between access to information and public participation/consultation. Moreover, the essay provides an in-depth analysis of the relationship between an EIA generated in accordance with the EM Act and the Copyright Act. The essay argues for the importance of preserving the right to information as the foundation of public participation in the environmental decision-making process.

The concept of sustainable development emerged to offer a fresh perspective on the traditional developmental paradigm and to attempt to provide global consensus as to how to achieve sound environmental goals in a world characterized by economic disparities. In Trinidad and Tobago, the new environmental regime, which was introduced in 1995, had at its cornerstone a two-pronged approach to environmental protection. The first was the introduction of the requirement for special approval of a list of designated activities covering the major economic sectors of Trinidad and Tobago. This approval process contemplated resolution of major environmental impacts associated with specific economic activities prior to any approval being granted for such activities. The second prong was a permitting system that would see a gradual reduction in the output of pollutants from existing industry. The aim, therefore, was the stabilisation of the output of pollutants by controlling the actions of new economic players and the gradual reduction of the existing pollution inventory through the permitting system. This paper will focus specifically on the use of the Environmental Impact Assessment (“EIA”) process for the making of developmental decisions with a brief examination of how the permitting process works in Trinidad and Tobago.

A grim picture of the North-South divided between development issues and environmental protection.