The Barcelona judge investigating the alleged favored treatment by the Generalitat to the Lafarge Holcim company, owner of the Montcada cement plant i Reixac, has been summoned to testify in status of accused for next month of November to Emili Dragone Vivesa high-ranking official of the Climate Action Department, and the legal representative of the company, according to the order to which EL PERIÓDICO has had access.
The prosecutor’s office, and also the neighbors, filed two complaints against them a few months ago in which they maintain that the Catalan Executive granted the authorizations environmental based on permits that since 2015 had been declared null and void by the Supreme Court in several sentences. The cement company is still pending judicial appeals to determine whether or not it should close the facility.
“For us it is a very good sign that the judge calls for Dragone to be declared under investigation”
Albert Calduch, environmental lawyer
The representative of Lafarge Holcim must appear in the Investigative Court number 27 of Barcelona, which is processing the case, the next November 6th. Days later, on November 14, Dragone will do so, former CEO of Qualitat Environmental i Canvi Climàtic, accused of being a necessary cooperator in a crime against the environment, for allegedly having authorized environmental licenses contrary to the regulations on polluting activities. The last to appear, these as witnesses, will be senior political officials who worked in the same Department.
“Repeated attitude”
Albert Calduch, an expert environmental lawyer for the residents, is satisfied with the judge’s decision: “Dragone is the subject of our complaint. We consider that it is a criminal action. It is a good sign that both the prosecutor’s office and the investigating judge are in agreement. the same direction”. “For us, the commission of the crime is very clear. The problem is that it is often difficult to prove malfeasance in this type of crime, since many people are involved in the process of giving authorizations to the company,” he adds. “However, in the case of Dragone, the attitude is reiterated, for this reason we trust that they will end up proving us right,” concludes Calduch.
The Superior Court of Justice of Catalonia (TSJC) annulled on several occasions, from 2013 to 2019, the environmental authorization of the Generalitat because, in its opinion, the environmental impact declaration (DIA) was not publicized so that those affected could make allegations about its content. According to the prosecution, even though the former high-ranking official under investigation was aware of the annulment resolution, he proposed, “without further ado,” the publication of the permit in the Official Gazette of the Generalitat (DOGC), instead of initiating a new procedure.
Closure Earrings
The Government of that moment, different from the current one, granted in November 2015 a new authorization to the cement factory. The senior official, the public accusation states, “was aware that a totally obsolete environmental authorization would end up being granted.” Furthermore, according to the prosecutor’s complaint, in that period of time the company had experienced changes in its activity and laws, regulations and provisions had been issued that were not taken into account. In his opinion, the environmental impact statement “did not comply with the environmental standards” already in force when the new license was granted.
According to the prosecutor, the environmental impact statement “did not comply with environmental standards”
Related news
On order to close the cement plant dictated by the Supreme Court and also by the Superior Court of Justice of Catalonia (TSJC), the Generalitat and the company filed an appeal. As this newspaper has learned, the Supreme Court has not admitted it for processing due to “lack of justification” and “lack of casuistic interest”, since the underlying issue debated is based on a case-by-case scenario. Now, the TSJC remains to rule on the other appeal.
Calduch sees it as feasible for this court to follow the line set by the Supreme Court: “Judicial procedures are not mathematical. We move in the realm of possibilities and probabilities, but the fact that the Supreme Court has opposed the appeal reinforces our optimism. in view of the appeal pending in the TSJC”. If this appeal is not accepted either, something that will possibly be known throughout the remainder of the year, the closure of the Montcada cement factory would be closer. “Then, there would no longer be any impediment to executing the order and closing it,” the lawyer concludes.