In a major court room battle that started in September 2010, Madang National Court Judge, David Cannings has handed down a decision allowing Ramu Nickel to dump toxic mine tailings into the sea.

On behalf of 1040 plaintiffs, Louis Medaing and 10 others sought to prevent Ramu Nickel from causing public or private nuisance through their deep sea tailings placements (DSTP) system. They also sought to highlight that the Environment Act of the Papua New Guinea and the Constitution will be breached.

The judge highlighted that the National Goals and Directive Principles are the core values and proclaimed aims of the people of Papua New Guinea. He said they cannot be ignored.

He said, the DSTP has been and will be contrary to National Goal No.4. It amounts to an abuse and depletion of Papua New Guinea's natural resources and environment - not their conservation - for the collective benefit of the people of Papua New Guinea and for the benefit of the future generations, he said.

Further, the judge said, DSTP constitutes an unwise use of our natural resources and environment, particularly in and on the sea bed and in the sea. It amounts to a breach of our duty of trust for future generations for this to happen. It is a course of action that shows deafness to the call of the people through the Directive Principle to conserve and replenish our sacred and scenic marine environment in Astrolabe Bay.

The judge also held that the operation of the DSTP will interfere with the people's use and enjoyment of their customary land including the sea. He also held that there will be likely serious environmental harm to the Astrolabe Bay and the plaintiffs are coastal people who depend on the sea for maintenance of their livelihood and way of life. And yes, the operation of the DSTP is unlawful, unwarranted and unreasonable.

However, having said all these it came down to the question of costs and investor confidence. The judge had to rule in favour of the corporate world over the thousands of people whose lives depend on the sea.