“Citizens challenging Gas-to-Energy project are obstructionists” – Attorney General tells High Court

Jul 18, 2023 Court Stories, ExxonMobil, Features / Columnists, News, Oil & Gas

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Kaieteur News – Attorney General, Anil Nandlall S.C in his defence application filed at the High Court on Friday argued that the citizens who have challenged the Gas-to-Energy (GTE) Permit, granted to American oil giant, ExxonMobil are obstructionists.

Two citizens, Elizabeth Deane-Hughes and Vanda Radzik approached the Court in March this year seeking an order to quash the Permit granted for the pipeline component of the project. They argued that the Environmental Protection Agency (EPA) approved the pipeline without any evidence that the developer, Esso Exploration and Production Guyana Limited (EEPGL) owns the plot of land through, which the pipeline passes, contrary to the Environmental Protection Act.

The AG was added to the matter and has asked the Court to dismiss the proceedings and award costs to the respondents. In the application of defence, Head of the GTE project, Winston Brassington gave a sworn statement indicating that the oil company was granted permission by the Government of Guyana to undertake works associated with the project, geared at lowering the cost of electricity.

Brassington told the High Court that to date, there has been no complaint by any of the land owners that their lands were entered upon without proof of ownership, lease or other agreement between them and EEPGL- ExxonMobil Guyana- or any other person and/ or entity associated with the project. To this end, he said, “I am advised by my Attorneys-at-Law and verily believe that the Applicants are not land owners or occupiers or possessors of any legal or equitable interest whatsoever in respect of any of the lands acquired. By instituting these proceedings, they are not only busybodies, but are obstructionists to a project of national importance and fundamentally essential to the public good and interest.”

He added: “the complaint which they have made in these proceedings is of nuisance value at worst, and at best, is one that is wholly innocuous having regard to all the facts and circumstances.”

Head of the GTE Taskforce explained that the Application made by the citizens places the public’s interest at large in jeopardy. He said that the project by its monetary value, size and purpose is one of national importance.

Brassington pointed out that the State’s development trajectory in respect of the generation of low-cost electricity for users in Guyana and ultimately the realization of a lower cost of living for Guyanese will be disrupted as well as the State’s fiscal interest will be adversely affected. With the project pegged at US$1.7 billion, the Project Head also noted that the Government of Guyana would be placed in a position of breach in relation to contracts already awarded for the power plant component of the venture and is likely to attract litigation.

“I am advised by my Attorneys-at-Law and verily believe that a grant of an order of certiorari to quash the decision of the EPA to grant the Environmental Permit will not only be erroneous in law, all the requisite legal compliances having been achieved, but can result in the stymieing of billions of dollars in investment and ongoing works,” Brassington noted.

Additionally, the Project Head stated that the acquisition of lands process has since been completed, thereby rendering the application by the litigants no prospect of success. He said the application by the citizens to quash the Environmental Permit and to require its re-application in circumstances of a completed and closed acquisition process constitutes an abuse of the process of the Court and is “frivolous, vexatious, misconceived and an uneconomic use of judicial time and resources.”

On March 27, 2023, two citizens filed a legal proceeding in the High Court, challenging the Environmental Permit granted to ExxonMobil for the pipeline component of the GTE project. The 12-inch pipeline, some 225 kilometers will be used to transport gas from the Liza One and Two fields in the Stabroek Block to the Wales Development site, West Bank Demerara.

Through their lawyers, Melinda Janki, Abiola Wong-Inniss, and Joel Ross, the citizens are seeking an Order of Certiorari to quash the decision made by the EPA to award an Environmental Permit to ExxonMobil Guyana 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 citizens outlined that ExxonMobil in its application, dated June 24, 2021 includes details of the project site, the proposed route of the pipeline and the areas to be used and affected by the project, which includes residential properties, commercial properties and state-owned properties. 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.

Regulation 17(2)(c)(ii) of the Regulations provides: “An application for an environmental authorization…shall contain the following information…(c) 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 on the facility or has legal rights or ability to conduct the activity without the consent of the landowner or occupier.”

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• Brassington, citizens, court, gas-to-energy, obstructionist

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