Electronic Green Journal

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.