Greenpeace: Maritsa East 2 TPP is operating illegally

The Supreme Administrative Court (SAC) has finally revoked the permit that allowed the state-owned TPP “Maritsa East 2“ to operate for seven years in violation of European standards for sulfur dioxide and mercury emissions. This is a turning point for the right to clean air and a healthy environment for Bulgarian citizens.

It took the Supreme Court more than two years to confirm the decision of the court in Stara Zagora. Today's decision by the SAC puts an end to the judicial saga. Now the request of the largest coal-fired power plant not to comply with environmental standards is returned to the Executive Agency for the Environment, which must make a new decision. This time, it will have to comply with the instructions of the Court of Justice of the European Union and not conceal the expected pollution from the plant's activities.

The case was filed in 2019 by the civil environmental organizations “Greenpeace“ – Bulgaria and “For the Earth“, to resist the populist and false attempts of the GERB government and “United Patriots“ to ignore the changes that the energy sector is undergoing and to direct it in a constructive direction. The “Maritsa East 2“ TPP had been granted the right to emit sulfur dioxide nearly twice the allowable level and mercury – more than four times the norm, with no deadline and no plan to deal with harmful emissions.

“The decision of the Supreme Administrative Court is a clear signal that Bulgarian institutions can no longer ignore the laws and people's health in the name of polluting technologies and political dividends“, said Meglena Antonova, Director of “Greenpeace“ – Bulgaria.

The decision comes in the course of a global energy crisis, a chaotic energy transition in our country, as well as against the backdrop of the current government's contradictory requests for the future of the Maritsa Basin. But today's decision shows that the judicial system can be a guarantor of public interest, because people's lives and health are the most valuable resource of a country. The role of the court is to put the executive branch back on track, albeit after decades of reckless pollution.

“The decision marks a turning point in the practice of institutions to permit polluting activities. The Supreme Court confirmed their obligation to assess the expected pollution in its entirety, using scientific sources, instead of relying only on the operators' claims. This is an important protection for people's health and an opportunity to participate more actively in the decision-making process that has an impact on their health“, says Regina Stoilova, one of the lawyers in the case.

“We call on the government, represented by the Executive Agency for the Environment and the Ministry of Environment and Waters, to develop a plan with specific conditions and time frames, with which the TPP “Maritsa East 2“ must comply with its work from now on“, added Antonova. “It is time for the workers at the plant to receive a realistic horizon for the future of their jobs and, in parallel, for the government to work actively to provide alternatives.“