Delay in filing case was reason for dismissal of challenge to waiving of environment survey for gas to shore project

Danuta Radzik

-judge however says Sharma, McKenzie should have recused themselves from case

The challenge brought by activist Danuta Radzik over the Environ-mental Assessment Board (EAB) waiving an environmental survey of the Gas-to-Shore project has been dismissed by High Court Judge Simone Morris-Ramlall, who found the delay in filing the case to have been undue which she said could then result in prejudice to third parties.

In throwing out the case, the Judge ordered Radzik to pay costs in the sum of $200,000 to the EAB no later than June 3rd.

Radzik (the Applicant), was seeking an order quashing a decision made by the EAB (the Respondent) on May 10th of last year upholding the decision of the Environmental Protection Agency (EPA) to exempt the gas facility from an Environmental Impact Assessment.