Guyana broke its own laws to facilitate Exxon’s flaring - Int’l Lawyer

Guyana broke its own laws to facilitate Exxon’s flaring – Int’l Lawyer

Jul 24, 2020 News

By Kiana Wilburg

According to the nation’s laws, the Environmental Protection Agency (EPA) is mandated to protect the environment for the benefit of present and future generations through measures designed to prevent pollution.

International Lawyer, Melinda Janki

EPA Head, Dr. Vincent Adams

In spite of this, the EPA still granted to ExxonMobil, a permit, the language of which is so ambiguous, that the oil giant is allowed to pollute the nation’s air space with over nine billion cubic feet of gas which contains toxic carcinogens and greenhouse gases.
During yesterday’s episode of Kaieteur Radio’s programme, Guyana’s Oil and You, EPA Head, Dr. Vincent Adams reminded that ExxonMobil has been flaring gas since last year Christmas due to a malfunctioning gas compressor system for the Liza Destiny vessel. Dr. Adams noted that the faulty piece of equipment has been sent to Germany to be fixed. Once it returns, he is hopeful that the flaring can come to an end by August 10. Until such time, Dr. Adams said that the permit’s vague language does not leave the EPA in a strong position to say or do more than wait. In the meantime, he assured that moves have been initiated to close loopholes in the permit.
International Lawyer, Melinda Janki, who was also a guest on the programme expressed that she was sympathetic of the circumstances Dr. Adams seems to be caught in. She was keen to note however, that neither Dr. Adams nor the EPA has any legal standing to allow ExxonMobil to pollute the atmosphere until its gas compressor system is fixed. The lawyer pointed out that the EPA in allowing this to occur, is flouting the nation’s laws which require that the agency control or prevent pollution.
Janki said, “It is important to note that the permit that was issued to ExxonMobil’s subsidiary, Esso Exploration and Production Guyana Limited (EEPGL) was issued before he (Dr. Adams) arrived on the scene. So he inherited a situation that is most unsatisfactory…and I agree that the permit’s language is badly written…”
That said, Janki said it is prudent for the EPA to remember that its function by law is to protect the environment. “…It is bound by the Constitution which guarantees the right to a healthy environment, to prevent pollution,” the lawyer added. With this in mind, she insists that the EPA should shut down ExxonMobil’s operations until it can produce oil in a safe and environmentally friendly manner.
In response, Dr. Adams sought to explain that such decisions are not always so clear cut. The EPA Head said, “…I am not a lawyer, I just go with the guidance that I get from the Act, my reading of it, and guidance I get from government attorneys…But we live in a real world and everything in life has a benefit versus a risk. I am not here to defend flaring. I am against it…but sometimes you have to weigh the pros and cons.”
The official added, “…There is always a risk when you are doing things. Do you shut something down and have a major economic impact for something that may last a few days or allow it to happen and accept it? There is always going to be that debate.”
Dr. Adams also noted that in some cases, decisions on these matters come from “the upper echelons of government.”
Upon hearing the explanation of the EPA Head, Janki was quick to point out those matters of “risk and benefits” or doing a cost-benefit analysis, is not the mandate of the EPA but that of the Minister or the Energy department. She categorically stated that the function of the EPA is to protect the environment and human health. On that note, the lawyer maintained that the EPA should not allow ExxonMobil to continue polluting Guyana’s environment.
250 TOXINS
Extensive research conducted by Kaieteur News shows that gas flaring contributes to climate change, which has serious implications for the world.
The Department of Mechanical Engineering at the University of Ibadan, Ibadan, Nigeria, was keen to note in one of its studies that gas flaring is actually a major source of greenhouse gases (GHG) contributing to global warming which could accelerate the problem of climatic change and harsh living conditions on earth, if not checked.
The Department also notes that there are over 250 toxins released from flaring including carcinogens such as benzopyrene, benzene, carbon disulphide (CS2), carbonyl sulphide (COS) and toluene; metals such as mercury, arsenic and chromium; sour gas with Hydrogen Sulfide (H2S) and Sulfur Dioxide (SO2); Nitrogen oxides (NOx); Carbon dioxide (CO2); and methane (CH4) which contributes to the greenhouse gases.