In it Buffet Almodóvar & Jara we take the case of a family faced with Spanish Electric Grid (REE) for a high voltage tower that grips your home.
It seems that the case is quite common. Spanish Electric Grid is the company in charge of operating and managing the electricity transmission network in Spain but it has no problem trampling those of Fundamental rights From a family from Toledo.
This people NO can occupy your house since after a measurement of the electromagnetic pollution with exceed the limits established by the precautionary principles in health for this type of emissions. Two small children live in the house and the parents are afraid.
According to the technical report of the measurements:
“In view of the results of the measurements carried out, we conclude that the
dwelling in question (…), is affected by the inmission of the magnetic field generated by the high voltage transmission lines located in the vicinity of the house.
Said line transports a power of 400 KVA, being this type of lines the one with the highest voltage existing in our country (…) The levels obtained do not meet our requirements and recommendations regarding biohabitability since they exceeds the recommended value«.
The problems began when there was a repowering of the coming from a high voltage line that transits a few meters from the property. It went from 200 to 400 kilovolt-amps (KVA).
REE alleges that this repowering is necessary and the emissions are within the limits established by law… established before the year 2000, when the scientific evidence of possible harm They have changed a lot since then.
The World Health Organization (WHO), for its part, indicates that at these levels there may be carcinoma and is dangerous in children and the elderly, based on animal studies. That is, there are no studies in humans in the medium and long term.
The point is that parents are afraid and trust independent studies and WHO recommendations. The electromagnetic wave emitting industry, however, continues to rely on the law, an old legal rule and not updated according to new knowledge.
The industry is not interested in promoting medium-long-term studies and less in doing work that they cannot control.
In addition, they allege that the line cannot be modified because affects a nuclear power plant. Likewise, defended by one of the most powerful law firms in the world, they allege electrical needs of society.
We claim that compliance with the precautionary principle in health and the fundamental rights to moral and physical integrity and freedom of the family are respected.
The background is that REE does not want to know anything about environmental health. It minimizes the impact of its emissions and also wants us to sue the State as well, since they allege that to modify a line the State’s environmental impact authorization is necessary.
REE was previously a public company but now belongs to a energy multinational.
In other words, they want any investment to be made by the State and, nevertheless, they want to keep the benefits. As usual. The case is now stopped due to procedural issues in that the family is suing the radio station for electromagnetic pollution, NO to the State.
It is therefore the procedural fight of a family that wants to defend their rights in relation to electromagnetic pollution. We are sure that there are many cases like this in Spain and that is why REE gives everything so that these cases do not prosper.
He litigation focuses on elucidating if there is potential risk of harm to health by electromagnetic waves (already there have been favorable sentences) emitted by the very high voltage tower in accordance with the standards determined by the World Health Organization and the health authorities of the European Union (EU).