Dear Editor,
Justice Kissoon’s decision in the Judicial Review/Environmental Protection Agency (EPA) case is the most damning decision against the EPA on the same side with Exxon/Esso Exploration and Production Guyana Limited (EEPGL) against the people of Guyana. The EPA/EEPGL and those on the Government side with responsibility for oil and gas were slapped on every count. The Judge said, “The agency descended into a state of inertia and slumber at the critical juncture of an emerging oil and gas sector.” It’s like a “ton of bricks” have fallen on the EPA and Government side supporting quick drilling by the oil companies without regards to all our procedures and processes. Will the EPA and Government now let the VP’s “ton of bricks” fall on the oil companies’ heads? The Judge has given them five more tons of bricks to use. The EPA Head should resign now, as well as all the Directors under whose watch these things happened.
The taxpayers are funding the EPA so they would put Guyanese first, not the interests of oil imperialists with no mercy for a poor country where the minimum wage is a mere pittance of $US 300 per month. “EPA” should not stand for “Exxon Protection Agency.” If the current EPA is unwilling or unable to do their job as required by Guyana’s laws, then they need to resign en masse and reopen under new leadership that will place the interests of our nation first.
The VP should consider Melinda, Simone, Janette, Vincent or Elizabeth for the job so the VP’s “ton of bricks” can fall on Exxon’s head. The Judge’s ruling vindicates all those Civil Society advocates in the OGGN, OWOC, Transparency Institute of Guyana, Red Thread, KN, SN and others whom have advocated for strong environmental protection and proper insurance. These were the people the Government and its surrogates loved to hate and attacked calling them “usual suspects” and similar derogatory terms. Mr. Glenn Lall must be smiling, as he has fought for proper insurance and environmental protection. Now would be the time for people to step up and join Ray Daggers and Glenn Lall marching from Crabwood Creek to Essequibo calling for renegotiation of the oil contracts.
Regarding Exxon/EEPGL, the Judge said, “It is simply not open to the permit holder to say it is engaged in a frolic of its own, aided and abetted by the EPA to unilaterally, arbitrarily, and unlawfully cap its unlimited liability and financial assurance.” Judge Kissoon also found that, “The agency has, at every juncture…engaged in a course of action to undermine and erode the terms and conditions of its own Environmental Permit.” Judge Kissoon quoted a former Chief Justice of India, described as a doyen of public interest litigation, who said, “but for the vigilance of citizens, society should perish.” Kudos to Transparency’s Frederick Collins and citizen Godfrey White who brought the case on behalf of all Guyana, and the attorneys – Trinidadian Seenath Jairam, SC – a friend of Guyana; Melinda Janki – always fighting for Guyana, and Abiola Wong-Inniss who showed courage and stepped up to fight for Guyanese.
Judge Kissoon said the judicial review has found “the existence of an egregious state of affairs that has engulfed the EPA in a quagmire of its own making. It has abdicated the exclusive statutory responsibilities entrusted to it by Parliament…to ensure due compliance by Esso Exploration and Production Guyana Limited (EEPGL)… The EPA has relegated itself to a state of laxity of enforcement and condonation compounded by a lack of vigilance thereby putting this nation and its people in grave potential danger of calamitous disaster.” The Judge, castigating the EPA, said “such conduct is nothing short of reprehensible and inconsistent with its mandate and functions.” If it is not so, this surely sounds like criminal negligence.
More damning, the Judge said, “The EPA notwithstanding these grave allegations of dereliction of its functions and potential calamitous consequences adopted a stance of avoidance, concealment and secrecy and, in unison with ESSO, agreed that the proceedings ought to be struck for reasons the court found to be without merit.” This is no different from the Government siding with Exxon against Glenn Lall and the people of Guyana in the tax lawsuit.
Exxon/EEPGL must comply with all laws and permits. Since Exxon says it will not renegotiate the oil contracts, the Government now has a strong leverage to bring them to the table of renegotiation. But this has been a Government that has yielded on everything without requiring reciprocal concessions from the oil barons. Wake up Guyana! We shouldn’t rest until the Government pushes for renegotiation of all natural resources contracts. It’s our wealth and our country. We want the good life now! As for the Judge, he is Chancellor quality. He knows how to count.
Sincerely,
Dr. Jerry Jailall
Advocate for Transparent and
Accountable Governance
