A couple of years ago, I wrote an article in the Georgetown International Environmental Law Review about the Indonesian government's prosecution of Newmont Mining Corporation for pollution in Buyat Bay. In the article (which you can download here), I discussed the court's use of scientific evidence and conclude that the judges got it right in acquitting the company. The judges detailed the scientific evidence, presented evidence from both sides, and accepted the evidence that had the most credibility (and the prosecution's evidence suffered severe credibility problems). However, my background in environmental sciences is minimal, so I had to trust the scientific conclusions of others.
"We also compared fish captured within 10 kilometers of the area with those captured in other coastal areas, and their heavy metal contents were also very low," Amin Soebandrio, a scientist from the University of Indonesia, told reporters.However, not all environmentalists are buying the reports conclusions:
"We proposed for them to check on the impact on fish by breeding them on site. We also asked them to examine cells on the algae, but not one of our considerations was included," said Rignolda Djamaluddin, director of Manado-based Kelola Foundation, who has participated in the Buyat research since the beginning. "They also did not include the impact on the ground, whether the pollution had reached people's wells to cause so many diseases."
The report's authors responded that, if the oceans did not have increased levels of pollutants, then wells would certainly not, given that they're generally far inland.
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