Exxon must get Yellowtail EIA right before EPA authorization- International Attorney Janki

Dec 18, 2021 News

Kaieteur News – International Lawyer, Melinda Janki has submitted to the Environmental Protection Agency (EPA), that Esso Exploration and Production Guyana Limited (EEPGL), ExxonMobil’s subsidiary that will be undertaking the Yellowtail Project in Guyana’s waters, must first get its Environmental Impact Assessment (EIA) right, before permits are granted.

Dr. Erik Cordes

In her submissions to the EPA, Janki, an international lawyer of over 30 years said, “It is clear that the EIA, produced by ERM (Environmental Resources Management- the Consultant hired by Exxon), contains conclusions that are contrary to science, gives assurances that are unsupported by evidence, and lacks the technical, and other data necessary to provide an adequate professional assessment of the environmental impacts of the proposed Yellowtail Project. The EPA must, therefore, reject the EIA and require EEPGL to submit an EIA that meets the required technical and legal standard”.
She added, “Until that is done, the EPA must refuse EEPGL’s application for an environmental authorization”.
Janki holds an LL.B from University College, London and two masters degrees in law – the BCL from Hertford College, Oxford University and an LL.M in public international law from University College, London. She has advised international financial institutions, governments and multinational corporations, including oil companies and is currently challenging dangerous deep water petroleum production offshore Guyana.
The lawyer in her submission to the EPA, on December 15, 2021, did not only make submissions based on her opinion and personal knowledge, but also included independent reviews from international experts in the field.
One such person who gave their reviews was Dr. Erik Cordes.
A quick search on Cordes showed that he is an Associate Professor and the Vice Chair of Biology at Temple University. He has worked on the ecology of deep-sea corals and hydrocarbon seeps for over 20 years. He has spent over 16 months at sea on over 30 research cruises, 10 as Chief Scientist.

Dr. Mark Chernaik

Dr Cordes’ report states that sections of the EIA reviewed by him are, “missing critical information that is required to make an informed decision.”
For example, he points out the paucity of the data relating to fish. The specialist’s recommendation is that, “additional data are required to properly evaluate the potential impacts of the proposed project.” His conclusion is that, “… the EIA is deficient and the EPA does not have the scientific and technical information required to make an informed decision about the potential impacts of the proposed project”.He also warned that without this information, the Yellowtail Project is highly likely to have greater impacts than those indicated.
Another specialist, Dr. Mark Chernaik, a lawyer and science expert, also gave comments on the Yellowtail EIA. Chernaik is attached to the Environmental Law Alliance Worldwide (ELAW). He helps attorneys and citizens make effective use of scientific information to defend the environment. Mark received a Bachelor of Science degree in biochemistry from the University of Massachusetts at Amherst and a Ph.D. in biochemistry from the Johns Hopkins University.
Janki in her submission included that “Dr Chernaik points out that the EIA (i) fails to address the indirect impacts of greenhouse gas emissions; (ii) fails to disclose the inconsistency with the Glasgow Climate Pact; and (iii) fails to contain the required information about waste. This information is required by law”.
As a consequence, the local activist told the EPA that it should not accept the EIA prepared by the ERM, owing to these and other deficiencies.
The public feedback on the Yellowtail Environmental Impact Assessment closed on December 15, 2021.

Melinda Janki, Director of the Justice Institute Guyana attends the Biennial high-level panel discussion on the question of the death penalty of the 40th session of the Human Rights Council, Palais des Nations. 26 February 2019. UN Photo by Violaine Martin

A group of environmental experts, including Simone Mangal-Joly, Alfred Buhlai, Vanda Radzik, Janette Bulkan, Denuta Radzik, Jerry Jailall, Alissa Trotz and Maya Trotz, had teamed up to demand that the EPA scrap the Yellowtail EIA. Given that the document fails to address critical subjects, such as the impacts of the total waste brought to shore, and baseline data for Guyana’s fisheries sector, among others.
Another civil society body that calls itself Article 13 also recently joined these calls.
In a letter to the Environmental Assessment Board (EAB) that was seen by Kaieteur News, Article 13 said it, “endorses the concerns of a group of citizens in a letter to the Environmental Assessment Board dated 10 December 2021…over the conduct of the Environmental Impact Assessment for Exxon Mobil’s Yellowtail development”.
The group consists of prominent, outspoken Guyanese, such as Chartered Accountant and Attorney at Law Christopher Ram, telecommunications expert Yog Mahadeo, Ramon Gaskin, and Jonathan Yearwood, among others.
Article 13 said that due to the nature of the impacts the Yellowtail development is likely to have, the Consultation process should be extended to regional stakeholders, as required by international law. “We request that the 2020 Environmental Protection Guidelines be re-enacted, and the EIA adhere to these and industry best practice standards,” the civil society body posited.