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Guyanese should be celebrating Justice Kissoon’s ruling protecting nation from grave potential danger of calamitous disaster
– His decision sets the standard for judges everywhere, not just in Guyana, but across the world- Attorney Melinda Janki
Kaieteur News – The recent ruling by High Court Judge, Justice Sandil Kissoon ordering the Environmental Protection Agency (EPA) to secure an unlimited liability Parent Company Guarantee Agreement and/or an unlimited liability Affiliate Company Guarantee from ExxonMobil affiliate, Esso Exploration and Production Guyana Limited (EEPGL) by June 10, 2023, is an important decision for Guyana and the wider Caribbean says Attorney-at-Law, Melinda Janki.
Attorney-at-Law, Melinda Janki
In an exclusive interview, Janki said Justice Kissoon’s ruling identified a breach of the Liza Phase One Permit as a result of the lax behaviour of the EPA. She said the Judge ruled that the EPA put “this nation and its people in grave danger of calamitous disaster” and has therefore corrected this by calling for the EPA to enforce the provisions of the environmental permit.
She said, “The environmental permit requires insurance. The EPA has to get Esso to produce that insurance. Where in the world would you have dangerous deep water operations going on without proper insurance? Insurance doesn’t cover everything. We all know the BP Macondo disaster cost billions US$ in the Gulf. But the Caribbean would be even more expensive. You have all those Caribbean countries with thriving economies. So you need more than just insurance.”
It is on this premise that Janki, along with Seenath Jairam S.C and Ms. Abiola Wong-Inniss, represented two Guyanese applicants who approached the courts last September to have Exxon provide greater coverage in the event of an oil spill. She noted that this demand is exactly what is entailed in the environmental permit which was signed by EEPGL’s Head, Alistair Routledge on May 31, 2022.
Janki said the Judge pointed out that Exxon and its affiliate have the benefit of the environmental permit and cannot avoid the burden of the conditions in the permit. She said the ruling, and its inherent orders, represent a victory for the people.
Janki said, “This is a victory for the people by the people. The judge put the rule of law above the interests of ExxonMobil. That’s what every judge in every country should be doing. This decision sets the standard for judges everywhere, not just in Guyana, but across the world. Justice Kissoon has applied the law and legal principle. He has done it in a timely manner. This is huge boost for the rule of law.”
The lawyer added, “Everyone in this country, every politician, every business person, every academic, activist, student should be cheering this decision. You cannot have sustainable economic development until you respect the rule of law.”
With respect to the government’s intention to appeal, Janki was keen to note that it is not a party to the case and therefore cannot appeal. She said the EPA is an independent body set up by law and it cannot take instructions from the Executive or the legislature. Janki said too that the Judicial Review Act clearly states that “acting on instructions from an unauthorised person” is grounds for judicial review.
With this being the third case citizens have won against the State on oil operations here, Janki said, “Guyanese people should be celebrating today, knowing that judges in Guyana have had the courage and integrity to rule according to the law and knowing that this court made a ruling to protect this nation from the ‘grave potential danger of calamitous disaster.”
She said it is critical that citizens be vigilant and stop abuse of public power. Janki said the rule of law also depends on citizens willing to go to court to stop unlawful action by public authorities. Significantly, the lawyer asserted that the rule of law also depends on judges who understand that judicial review is “the rule of law in action: a fundamental and inalienable constitutional protection.”
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