BNMI files case against DENR on suspension order

Seeing that it was left with no other viable administrative remedy, Benguetcorp Nickel Mines Inc. (BNMI) has filed a petition for certiorari with injunction to assail the suspension order issued by the Department of Environment and Natural Resources (DENR) on its nickel mining operations in Sta. Cruz, Zambales.

BNMI said it was constrained to take the judicial recourse in order to protect itself, its workers and the affected communities, which depend on the corporation for their livelihood and support.

The company said it was availing itself of legal remedy to prove that despite its full compliance with remediation conditions under the previous Lifting Order dated Aug. 24, 2015, the involved regional government agencies unjustifiably refused to reverse the suspension order. BNMI was referring to the DENR Regional Office, the Mines and Geosciences Bureau and the Environmental Management Bureau.

The company said it earlier exerted efforts to assure the DENR and other 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 protection the environment.

To this end, it said it 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.

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 continued to appear bent on endorsing an unjust arrangement that would deprive the mining companies of any recourse against the results of the audit and, worse, would require them to summarily acknowledge alleged liabilities for compensation and rehabilitation, without immediate prospect of resuming operations, BNMI said.

“The unjustifiable suspension of BNMI’s operations is taking its toll not only on the corporation but to its workers, contractions and suppliers, and its scholars and surrounding communities. BNMI had already been forced to temporarily lay off more than 1,000 workers since its unwarranted suspension,” the firm added.

To avoid irreversible financial damage to its business and ease the hardship on other stakeholders, it said it had no choice but to resort to legal action to obtain an equitable resolution to the controversy.

“It comes to court with the knowledge that its operations have been, and will continue to be, compliant with national regulatory and international certification standards. It is confident that its operations, once allowed to resume, will not pose any threat to the environment,” BNMI said.

BNMI said it wanted to assure the public that it was committed to the rule of law and that it would continue to practice responsible and sustainable mining.