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ExxonMobil, Attorney General to submit affidavits in Defence in case against legality of pipeline Permit by July 14
Gas-to-Energy Project…
Kaieteur News – Attorney General, Anil Nandlall, S.C. and Esso Exploration and Production Guyana Limited (EEPGL), commonly referred to as ExxonMobil Guyana, are now required to file their Affidavits in Defence to the matter filed by Vanda Radzik and Elizabeth Hughes challenging the Environmental Protection Agency’s (EPA’s) Permit granted for the pipeline aspect of the Gas-to-Energy (GTE) project by July 14, 2023.
Attorney General, Anil Nandlall, SC
The pipeline is being constructed and funded by ExxonMobil. On March 27, 2023 the citizens moved to the High Court through their lawyers, Melinda Janki, Abiola Wong-Inniss and Joel Ross, seeking an Order of Certiorari to quash the decision made by the EPA to award an Environmental Permit to EEPGL- to undertake the GTE project activities, on the grounds inter alia that the decision was in breach of the provisions of the Environmental Protection Act (Cap. 20:05), and more particularly, the Environmental Protection (Authorisation) Regulations.
The AG and EEPGL were added as a second and third respondent in the matter on June 12, 2023.
In a statement on Friday, the Attorney General explained that the applicants failed to add the AG and EEPGL as the Second and Third Named Respondents to the rubric of the Fixed Date Application by 16 June 2023, as ordered by the Court on 12 June 2023.
Given their failure to add the AG and EEPGL to the claim by the said 16 June 2023, the Applicants had to apply to the Court for an extension of time to so do. The extension was granted and the rubric was amended accordingly.
The Attorney General however indicated that as a result, all the case management timelines, including the deadline for filing the Affidavits in Defence, have been shifted. As such, the new date for the AG and EEPGL to file their Affidavits in Defence is now 14 July 2023.
The updated case management timetable issued by Justice Priya Sewnarine- Beharry on June 28, 2023, also indicated that the Applicants are granted leave to reply if necessary on or before July 28, 2023.
The Applicants are also expected to file written submissions on or before August 11, 2023, while the respondents will file their written submissions in answer on or before August 25, 2023.
It was also noted that Radzik and Hughes will have an opportunity to file written submissions in reply if necessary on or before September 8, 2023
The High Court will issue its decision on the matter by October 2, 2023.
Radzik and Hughes in their application to the High Court argue that the decision to grant the Permit to Exxon was “unauthorised and contrary to law, in excess of jurisdiction, failure to satisfy or observe conditions or procedures required by law, unreasonable, irregular or improper exercise of discretion, abuse of power, conflict with the policy of the Act, error of law (and) breach of/ omission to perform a duty.”
The applicants are therefore seeking a declaration that the respondent acted in breach of the Environmental Protection (Authorisation) Regulations; a declaration that the Permit is null, void and of no legal effect with costs and such further order the Court considers just.
In their application to the High Court, Radzik and Deane-Hughes stated that Pursuant to Regulation 17 (2) (c)(iii) of the Environmental Protection (Authorisation) Regulations, an application for an environmental authorization must contain “proof that the applicant either owns the facility or has a lease or other agreement with the landowner or occupier to enable the applicant to conduct the activity without the consent of the landowner or occupier.”
Be that as it may, the application did not include or provide any proof of ownership, a lease or other agreement with the land owners of the said area.
Notwithstanding, the EPA granted EEPGL a Permit to undertake the project on November 25, 2022. Subsequently, the Minister of Public Works, Juan Edghill in January 2023 passed various orders to acquire lands for the purpose of the project, pursuant to the Acquisition of Lands for Public Purposes Act, Chapter 62:05.
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