Landmark case: Chiang Mai resident wins case against state accusing them of negligence over fires and pollution

[webfact]

Picture: Siam Rath

 

Siam Rath reported that a judgment from the Administrative Court in Chiang Mai resulted in a landmark decision against the state regarding the pollution and fires in the north.

 

Phoom Wacharacharoenphalitphon - a resident of Ban Pong, Hang Dong, went to court to say that the National Environment Board were negligent and their staff had engaged in dereliction of duty in the matter.

 

He won.

 

Now the NEB has been ordered to enact powers under Article 59 to declare Chiang Mai, Chiang Rai, Mae Hong Son and Lamphun special protection zones to prevent pollution. 

 

This must be done within 30 days of the court judgment that was on last Thursday, April 8th, reported the media. 

 

Whether this has come too late for this year's "burning season" remains to be seen, notes Thaivisa. 

 

But the ruling should mean the state must up its game in campaigns to stop crop burning and other fires that have seen Chiang Mai shrouded in haze and one of the world's worst polluted cities this year.

 

The complainant in the cases convinced the court that he had suffered a danger to his health and his life due to the negligence of the state. 

 

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[canopus1969]

Brilliant news - well done chap

[Surelynot]

It does beg the question....why on earth has it taken an individual going to court for any action to be proposed.....?

 

Will the National Environment Board now take this person to court for defamation??

[edwinchester]

Hopefully the Govt will finally do something about the dreadful pollution and not appeal the verdict.

[Surelynot]

2 minutes ago, edwinchester said:

Hopefully the Govt will finally do something about the dreadful pollution and not appeal the verdict.

Even a Tory spin doctor couldn't dream up grounds for an appeal......could they?

[Yom]

 

1 hour ago, webfact said:

Phoom Wacharacharoenphalitphon - a resident of Ban Pong, Hang Dong, went to court to say that the National Environment Board were negligent

 

Phoom, excellent.

Thank you very much.

[Thailand]

Well done, hope it has some effect though unlikely.

 

Next headline:"Phoom Wacharacharoenphalitphon - a resident of Ban Pong, Hang Dong" has gone missing or has been accused of some heinous crime.

 

After all, a hugely popular  opposition political party was easily silenced.

[Tarteso]

The most positive thing I heard about pollution in Chiang Mai.

[Fromas]

This could be appealed and overturned. Fingers crossed.

[hotchilli]

5 hours ago, webfact said:

Now the NEB has been ordered to enact powers under Article 59 to declare Chiang Mai, Chiang Rai, Mae Hong Son and Lamphun special protection zones to prevent pollution. 

 

This must be done within 30 days of the court judgment that was on last Thursday, April 8th, reported the media.

Fantastic news... 

[DPKANKAN]

4 hours ago, Surelynot said:

Even a Tory spin doctor couldn't dream up grounds for an appeal......could they?

No, but a 'Demoprat' one could!!!!5555????????????????????????????????

[mrfill]

If the court orders are not implemented within 30 days, what happens then?

 

Does the giant carpet lifter and huge brush come into play?

[pacovl46]

Now heads will roll since some people lost face! Apparently that’s the only way to go about it to get something done about the situation! Great news!

[Antonymous]

Oh dear.

 

This news won't be taken well by all those schadenfreude-riddled moaners living in Pattaya, Hua Hin and elsewhere who ...

 

"... went to Chiang Mai once, couldn't breath and left right away; anyone who lives there is an idiot ..."

 

... crowd, who frequently pollute these seasonal air hazard threads!

 

What will they find to complain about now?

 

Notice that there have been very few posters on this thread so far!

 

[Bangkok Barry]

6 hours ago, canopus1969 said:

Brilliant news - well done chap

 

Really? Are they going to jail those who have put lives at risk? Fine them? Sack them? Do anything at all? What does enact powers under Article 59 to declare Chiang Mai, Chiang Rai, Mae Hong Son and Lamphun special protection zones to prevent pollution actually mean. If anything?

[Yorkshire Tea]

8 minutes ago, Antonymous said:

 

 

Notice that there have been very few posters on this thread so far!

 

Not many posters on most CM forum threads, anymore.  This subforum seems to have died...

[Yorkshire Tea]

1 minute ago, Bangkok Barry said:

 

Really? Are they going to jail those who have put lives at risk? Fine them? Sack them? Do anything at all? What does enact powers under Article 59 to declare Chiang Mai, Chiang Rai, Mae Hong Son and Lamphun special protection zones to prevent pollution actually mean. If anything?

It's a step in the right direction.

[Antonymous]

1 minute ago, Yorkshire Tea said:

Not many posters on most CM forum threads, anymore.  This subforum seems to have died...

 

Wait. One will be along in a minute to write: "The air in Chiang Mai is just terrible. TIT"

 

As he does 30 times a month.

[rwill]

The judgement in this case might cause more danger to his health than the smoke.

[lavender19]

7 hours ago, edwinchester said:

Hopefully the Govt will finally do something about the dreadful pollution and not appeal the verdict.

Don't hold your breath. 

[Golden Triangle]

Well done that man, any government or government department that tries to overturn this judgement is on a very sticky wicket, and I live in Pattaya, well the Darkside actually ????

[bangon04]

1 hour ago, lavender19 said:

Don't hold your breath. 

unless you are in ChiangMai area....

[connda]

10 hours ago, webfact said:

Phoom Wacharacharoenphalitphon - a resident of Ban Pong, Hang Dong, went to court to say that the National Environment Board were negligent and their staff had engaged in dereliction of duty in the matter.

 

He won.

 

Now the NEB has been ordered to enact powers under Article 59 to declare Chiang Mai, Chiang Rai, Mae Hong Son and Lamphun special protection zones to prevent pollution. 

Now they need a class action suit for damages.  But - TIT.  They probably don't have civil class actions in Thailand.  But anyway.  Kudos!  About time.  Chalk one up for the home team.

[connda]

10 hours ago, webfact said:

The complainant in the cases convinced the court that he had suffered a danger to his health and his life due to the negligence of the state. 

That is true.  We all have.  Look up epidemiological data on respiratory illnesses in Northern Thailand.  It's god-awful. 

[Nanaplaza666]

5 hours ago, Antonymous said:

Oh dear.

 

This news won't be taken well by all those schadenfreude-riddled moaners living in Pattaya, Hua Hin and elsewhere who ...

 

"... went to Chiang Mai once, couldn't breath and left right away; anyone who lives there is an idiot ..."

 

... crowd, who frequently pollute these seasonal air hazard threads!

 

What will they find to complain about now?

 

Notice that there have been very few posters on this thread so far!

 

I live in bkk so the air is not that good here as well but don't you think all those schadenfreude moaners where right , the air quality was and still is bad untill somethinh realy will be done about it . So they didn't just complaimed they where stating facts . And about the seasonal hazard , i think that season has got longer and longer . You can't denie something that's treu . And i geuss you live there so are in the middle of it . Some period of the year might be fresh air and lovely but the hazard season has a much longer spread , and it's a serious thing otherwise you and others wouldn't be that happy about this guy winning in court and hopefully something being done about it . 

[Golden Triangle]

39 minutes ago, Nanaplaza666 said:

I live in bkk so the air is not that good here as well but don't you think all those schadenfreude moaners where right , the air quality was and still is bad untill somethinh realy will be done about it . So they didn't just complaimed they where stating facts . And about the seasonal hazard , i think that season has got longer and longer . You can't denie something that's treu . And i geuss you live there so are in the middle of it . Some period of the year might be fresh air and lovely but the hazard season has a much longer spread , and it's a serious thing otherwise you and others wouldn't be that happy about this guy winning in court and hopefully something being done about it . 

He probably isn't even in Thailand, let alone where the air is foul, people like him crop up occasionally then thankfully die out.

[Antonymous]

10 hours ago, Golden Triangle said:

He probably isn't even in Thailand, let alone where the air is foul, people like him crop up occasionally then thankfully die out.

 

You talking about me?

 

You live in Pattaya and you are commenting about Chiang Mai.

 

I've lived in Chiang Mai for 30 years and comment frequently on air pollution in Thailand, each year posting my photos of forest burning that takes place for a short period each year.

 

For example on 7 April Webfact posted a topic about forest burning with an article from Sky News that cited the State of Global Air 2020 report.

 

For a summary of that very detailed report, see the thread: https://forum.thaivisa.com/topic/1212866-inside-thailands-fight-against-toxic-annual-wildfires-its-just-getting-worse-and-worse

 

A conclusion reached from the report is that Thailand certainly isn’t the worst country in terms of air pollution and in fact has been improving over the past ten years. Read the report (or summary) yourself. Many people will be surprised to see these facts.

 

A very important finding in the report is this:

 

"Although short-term exposure spikes can affect health, it is long-term exposures that contribute most to the burden of disease and mortality from air pollution, and therefore
are the focus of the GBD project."

 

Chiang Mai is far from the most polluted city in Thailand when looking at long term exposure (that position is taken by Korat) because for most of the year the air is wonderful. All the month of April has been great weather in Chiang Mai this year, for example. But you wouldn't know that living in Pattaya. My outdoor PM 2.5 monitor read under 10 at the time of that thread and is 34 this morning, likely dropping again this afternoon.

 

Everyone must take account of how their health may be affected by air pollution and other risk factors, wherever in the world, or within Thailand, they live. I take exception to people, particularly people who don't and never have lived in Chiang Mai, who evidently like to demonize Chiang Mai (and those who live here).

 

Personally, I ensure that during periods of high PM2.5 I take necessary precautions. I know that for about 4-6 weeks of the year when forest burning takes place in the north and neighbouring countries causing high spikes, I should head south for holidays. During this time if I'm outdoors I'll wear a mask (N-95) and if indoors use air purifiers that keep the PM2.5 in my house under 10. I hate the pollution, but have easily adjusted my lifestyle to accommodate it. It isn't too great a burden on me that I've ever wanted to give up living in this beautiful part of Thailand, surrounded by hills and forests that I walk or ride in daily.

 

I applaud the efforts of the man in the OP. Of course similar law suits should be taken up and acted upon in a score of other provinces in Thailand as well as in neighbouring countries, before anything substantial might change.

 

 

 

[worgeordie]

It will be the same next year, just like its been for years already,

until they get the Police,army,rangers and any volunteers up in

the hills to prevent it,catch a few arsonists,give them stiff prison

sentences, the Government needs to show it is serious about the

air pollution ,and burning is no longer acceptable. the minority

can no longer endanger the health and jobs of the majority.

regards Worgeordie

 

[ChipButty]

17 hours ago, Yorkshire Tea said:

Not many posters on most CM forum threads, anymore.  This subforum seems to have died...

They have all left