Latest update April 19th, 2024 12:59 AM
May 09, 2023 News
Kaieteur News – The recent ruling by Justice Sandil Kissoon ordering ExxonMobil Guyana and the Environmental Protection Agency (EPA) to comply with the provisions of the Liza Phase One Permit is a significant win for all citizens says, Attorney-at-Law, Melinda Janki.
In her commentary to Kaieteur News, Janki reminded that Justice Kissoon has given ExxonMobil’s local subsidiary, Esso Exploration and Production Guyana Limited (EEPGL) until June 10, 2023 to furnish the State with an unlimited parent liability guarantee from ExxonMobil Corporation. Janki who formed part of the legal team representing the case filed last year, said it now paves the way for more Guyanese to hold authorities accountable on respect for the rule of law.
Janki said, “Without the rule of law, a country is at the mercy of those who hold the reins of government and human nature being what it is, politicians will always abuse power. Without the rule of law, a country cannot develop and its people cannot prosper.”
The lawyer also noted that the demand for unlimited parent company guarantee is not, as some persons claim, an impossibility or impractical ask. Janki said, “…Nobody is asking for unlimited insurance coverage. The environmental permit requires environmental liability insurance as is customary in the international petroleum industry. This is an industry standard. Everybody does it. It is the parent company guarantee which is unlimited.”
The lawyer explained that the EPA in its professional judgement made an unconditional parent company guarantee a condition of the environmental permit. She said EEPGL in its professional judgement took a business decision to accept the environmental permit and undertook to provide that parent company guarantee. “Now Esso has to do what they undertook to do. It’s that simple,” she noted.
Importantly, Janki said the demand for an unlimited parent liability guarantee ensures ExxonMobil and not Guyana will have to pay all costs associated with any spill. “People should be cheering in the streets to know that our economy will no longer be in danger of collapse from potential oil spill liability,” Janki said.
In addition to such an important demand, Janki said there are two other critical points for citizens to note from the ruling.
“His Honour Justice Kissoon has given a powerful ruling on standing. He made it pellucid that all citizens have a right to challenge unlawful activity by a public authority. This opens the way for more citizens to go to court to uphold the rule of law. His Honour Justice Kissoon has also given a powerful ruling on transparency and accountability. The ruling ensures that citizens have access to the information they require in order to challenge unlawful activity by a public authority,” the lawyer said.
Equally important, she noted is that Justice Kissoon highlighted the actions of the EPA as it did not enforce compliance with the provisions of the Liza Phase One Permit. In fact, Justice Kissoon said the EPA sought refuge in silence, avoidance, concealment and secrecy. Janki said it must be clear to everyone that the EPA’s conduct is unacceptable.
She said too that it must also be clear to the public that EEPGL has been untrustworthy. Janki said citizens will have to be even more vigilant going forward.
Janki was also keen to note her belief that there are good people in the EPA who want to do a good job. Be that as it may, the lawyer said there has clearly been a serious failure of leadership. “There has been a serious loss of trust in the EPA. Mr. (Kemraj) Parsram (the Head of the EPA) may wish to consider his position going forward,” said Janki.
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