Latest update January 1st, 2025 1:00 AM
Jan 26, 2024 Court Stories, ExxonMobil, Features / Columnists, News, Oil & Gas
Kaieteur News – Although the nation was informed that any citizen can view ExxonMobil’s US$2 billion guarantee at the Environmental Protection Agency (EPA), the regulator has informed that a request must first be submitted.
On Thursday, Kaieteur News visited the EPA’s Ganges Street, Sophia, Georgetown office to view the document, following the assurance by the EPA’s Lawyer, Sanjeev Datadin.
Datadin had informed members of the National Assembly on Wednesday, during day three of the Budget 2024 Debates, that any citizen can view the document at the agency. He was at the time responding to the Opposition Member of Parliament (MP), Shurwayne Holder who told the House on Tuesday that no patriotic government would refuse to make Exxon’s financial package for oil spills public so that citizens can feel a sense of security. “They (the EPA) are required to keep a register, a ledger of all those documents submitted and it is available for anyone, including the Honourable Member Mr. Shurwayne Holder to go to their office between normal business hours and he will be allowed to see it,” said Datadin.
Even though he gave this assurance, the EPA informed Kaieteur News yesterday that there was a “process” in place to view such documents. Kaieteur News spoke with the Agency’s Receptionist on Thursday who explained that the head of the Legal Department had just left the building. She then referred this newspaper to a Communications Officer who explained the process required to view a copy of the document. She said that the request had to be made so that the officers would have enough time to locate the file. The officer assured that it would be made available for viewing following the request.
“Any bit of information that is of a project, we usually ask persons to send a request. The reason for that is to eliminate the waiting time. These are physical documents that we have to go and look for and then give…if you want to sit and wait that’s completely up to you but it’s still a request you’d have to make,” the officer related. Kaieteur News has since formally requested to view a copy of the US$2 billion guarantee that has been provided to the EPA.
It was reported that litigants Frederick Collins and Godfrey Whyte had made a number of requests to the Agency to see the guarantee reportedly submitted by the operator of the Stabroek Block but have been unsuccessful in their bid. In fact, this forced the citizens to seek the Court’s assistance to ensure the company had complied with an Order dated June 8, 2023.
On May 3, 2023, High Court Judge Justice Sandil Kissoon ruled in favour of the litigants, ordering the EPA to secure an unlimited parent and/or affiliate company guarantee. However, Exxon and the EPA appealed this decision. Pending the outcome of the case, Appellate Court Judge, Justice Persaud mandated Exxon to provide a US$2 billion guarantee. Only last week, the EPA’s lawyer argued that the Court has no jurisdiction to order the release of Exxon’s US$2B guarantee. The Environmental Protection Act requires the EPA to make its registers available to the public at its office during normal office hours. There is no requirement for a letter of request, but rather a small fee for the requested copies. This means citizens can freely view information during normal business hours.
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