Anti-oil drilling association, ASMAA, has launched deft legal moves to keep the pressure on the government which currently is challenging Loulé Court’s ruling that drilling activity off Aljezur must be suspended.
On August 14th, the same day that the Ministry of Sea contested the Loulé court decision, that agreed with a legal claim by three anti-oil associations that the TUPEM licence should be declared invalid, ASMAA lodged a further challenge in the same court.
ASMAA’s tack is not to challenge the highly controversial decision taken by the Entidade Nacional Mercados Combustiveis (ENMC) on January 9th, backed up by the Portuguese Environment Agency’s public consultation report of May 16 2018, which both recommended that an Environmental Impact Assessment was not needed for the offshore test well drilling planned by the Galp-ENI consortium off the coast of Aljezur.
Unlike the legal action lodged by three anti-oil associations, ASMAA did not contest the decision that an impact assessment was not needed, the reason being that, has it done so, ASMAA would be focusing the legal fight on the lack of an Environmental Impact Assessment, and as a result, the Environment Agency could change its mind, come up with an assessment and declare the contract valid
In ASMAA’s view, what is at stake is the validity of law 94 (DL No. 109/94) which is the basis of all concession contracts for exploration, research, development and production of oil in Portugal. This is the legal framework covering all active concession contracts and any further contracts that “undoubtedly will be signed after the legislative elections next year,” says ASMAA's Laurinda Seabra.
ASMAA’s legal challenge is to have this law declared null and void but if the court finds the law is valid, under other applicable laws, oil exploration, research, development, and production activities all will require an Environmental Impact Assessment.
On April 6, 2018, ASMAA filed a class action with the Loulé court that challenged the validity of Law #109/94, and backed this up with a 42,000 signature petition of those who opposed the Aljezur offshore drilling.
For Laurinda Searbra at ASMAA, “A luta continua!” for all 42,000 signatories.
