ANOTHER EXCUSE! - Public will not see Exxon’s US$2 billion guarantee until Court rules - EPA

ANOTHER EXCUSE! – Public will not see Exxon’s US$2 billion guarantee until Court rules – EPA

Jan 27, 2024 Court Stories, ExxonMobil, Features / Columnists, News, Oil & Gas

Kaieteur News – The US$2 billion oil spill guarantee reportedly submitted by ExxonMobil Guyana Limited (EMGL) continues to be a mystery.

Executive Director of the EPA, Kemraj Parsram

After directing citizens to send a request to view the guarantee, the agency has now made it clear that the document will not be shared until the Court makes a decision on the matter.

In a statement on Friday, the agency stated, “…the matter in question is subjudice, meaning that it is currently under judicial consideration. Therefore, until a judgment is given by the court, the EPA will not make the said document public.”

It added that the agency continues to be guided by the Environmental Protection Act Cap 20:05 as to what information it is mandated to make available to the public.

On Thursday, Kaieteur News visited the EPA’s Ganges Street, Sophia, Georgetown office to view the document, following the assurance by 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.

Despite this assurance, Kaieteur News was directed to send an official request to the Agency to view the document, as reported in Friday’s edition.

Following the publication of that article MP Holder also issued a request to the EPA on Friday morning in a bid to view the guarantee.

This is the latest dead-end citizens have been met in their efforts to ensure the Court’s order was complied with, by the operator of the Stabroek Block.

Two citizens, Frederick Collins and Godfrey Whyte had filed a summons in December to see the US$2B guarantee following failed attempts to view a copy of the guarantee.

The litigants had filed a case back in September 2022 so that the EPA can be ordered to secure from Exxon Guyana, unlimited liability coverage for oil spills. In so doing, Guyana would be fully protected from any hidden costs associated with an unmitigated spill from one or more projects in the Stabroek Block.

On May 3, 2023, High Court Judge, Justice Sandil Kisson ruled in favour of the litigants and ordered the EPA to secure an unlimited parent and/or affiliate company guarantee for oil spills. To circumvent compliance with that order, Exxon and the EPA through their lawyers, appealed and were successful in staying Justice Kissoon’s decision.

Pending the final outcome of the appeal, Justice Persaud ordered Exxon to lodge a US$2 Billion parent and/ or affiliate company guarantee. Since that order was issued on June 8, 2023, the litigants said their lawyers have been unable to secure a copy of the said guarantee for perusal.

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