Citizens have a right to know EPA’s decisions in oil sector, other industries

Citizens have a right to know EPA’s decisions in oil sector, other industries – Justice Kissoon Ruling

May 11, 2023 News

Kaieteur News – The landmark ruling by High Court Judge, Justice Sandil Kissoon has fortified the rights of Guyanese to know of the decisions being made by the Environmental Protection Agency (EPA), whether it is in the oil industry or other matters of national importance.

Justice Sandil Kissoon

His declaration in this regard pertained to a case filed last year September by two citizens against the EPA. The case brought to the fore, the extent to which ExxonMobil’s affiliate, Esso Exploration and Production Guyana Limited (EEPGL) was in breach of its Liza Phase One Permit. It was found that for 11 long months, EEPGL failed to provide authorities with an unlimited parent guarantee agreement which could bind its parent, ExxonMobil, to covering all costs associated with an oil spill. This level of non-compliance was allowed to take place under the EPA’s watch.

Justice Kissoon in his ruling also noted that the EPA was not in favour of having the case heard given the contents of the Affidavit it had filed on November 16, 2023. Importantly, Justice Kissoon also pointed out that the EPA, in unison with EEPGL, agreed that the proceedings ought to be struck out. Even before the case made its way to the court, it was clear that from the evidence provided, there was no intent to have the information on compliance supplied to the applicants, namely Frederick Collins and Godfrey Whyte.

EPA Head, Kemraj Parsram

Justice Kissoon said: “there is evidence that the applicants, through Counsel, had sought to ascertain from the agency whether EEPGL had provided the financial assurances stipulated (in the permit)…as the failure to do so had potential dire consequences.”

The Judge said the EPA, in the course of the proceedings, acknowledged receipt of such a request from the Applicants, but contended, through its Executive Director, Kemraj Parsram that there was no duty or obligation to respond or provide such information.

Justice Kissoon was keen to note that the position of the EPA and its Executive Director is “wholly erroneous and misconceived.” He said that as a matter of law, even where there is in existence, an expressed prohibition against disclosure contained in the subject legislation of the public authority, “such disclosure is construed as subject to disclosure in the public interest. That is, disclosure in the interest of public health, safety or protection of the environment.”

Justice Kissoon said the approach adopted by the EPA, in the course of these proceedings, was inconsistent with its mandate and statutory functions, which is one of transparency and accountability to engender trust and confidence of the citizens and members of the public on whose behalf and in whose interest it carries out its functions as a public authority in the public interest.

Separately, by Section 4(1) of the EPA Act, No. 11 of 1996, Justice Kissoon said the agency is required “…to maintain and make available to members of the public a Register of all Environmental Impact Assessments carried out and Environmental Authorizations ( Permits) granted…”

He said too that the agency, in its filing before the Court, sought refuge in silence, concealment, avoidance and secrecy. Justice Kissoon said such conduct is “nothing short of reprehensible and inconsistent with its mandate and functions.” The Judge has since given the EPA up to June 10, 2023 to secure the relevant parent guarantee from EEPGL. The EPA filed an appeal on Monday. An in-chambers hearing is set for today at 10 am.

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