The Caribbean Court of Justice (CCJ) on Thursday dismissed the appeal of activist Ramon Gaskin, seeking to separate licences for the Stabroek Block co-ventures engaged in oil production offshore Guyana.
Gaskin challenged the legality of a Petroleum Production Licence granted to ExxonMobil Guyana Limited (Exxon) and its co-ventures CNOOC Petroleum Guyana Limited (CNOOC), and Hess Guyana Exploration Limited (Hess) for the Stabroek Block offshore Guyana. After the appeal was dismissed each party was ordered to bear their own costs.
Senior Counsel Seenath Jairam, Melinda Janki, C.V. Satram and R. Motilall appeared for the Appellant. Senior Counsel Edward A. Luckhoo and Eleanor Luckhoo appeared for the Respondents while Senior Counsel Andrew M F Pollard appeared for the Added Respondents.
A press release from the CCJ noted that in delivering the judgment, Justice Winston Anderson highlighted the constitutional emphasis on environmental protection in Guyana.
“He noted that environmental authorisation under the Environmental Protection Act is a condition precedent for granting a licence. Justice Anderson concluded that the environmental permit granted to Exxon as the sole operator satisfied the statutory requirements and extended the environmental obligations to Hess and CNOOC through joint and several liability,” the release noted.
Justice Anderson also found that the issuance of the licence was consistent with the environmental permit requirements and international industry practices.
Furthermore, “he was satisfied that the shared environmental liability was among the three companies, included the two co-venturers (Hess and CNOOC) in the licence, and did not increase the risk to the environment.”
Justice Anderson considered that no cost order should be made against Gaskin who had acted as public-spirited citizen concerned about protecting the environment.
On June 27, 2016, the Minister of Natural Resources entered into a Petroleum Agreement with the joint venture, making Exxon the operator.
Exxon then received an environmental permit from the Environmental Protection Agency (EPA) of Guyana, but CNOOC and Hess were not named in this permit.
Gaskin argued in Guyana’s High Court that the licence should not have been granted to Hess and CNOOC without separate environmental permits.
The High Court dismissed his application, and the judgment took 366 days to be delivered.
Gaskin then appealed the judgement in the Court of Appeal which upheld the High Court’s decision, stating that the environmental permit was tied to the Liza 1 Project and not to the individual companies, thus validating the licence.
Gaskin then appealed to the CCJ, raising two key issues of whether the Minister had acted unlawfully and whether the High Court and the Court of Appeal had breached the law by taking too long to deliver judgment.
The CCJ’S judgment on Thursday also addressed the delay in the High Court’s decision, stating it must be viewed in context and did not breach the law.
Meanwhile, CCJ President, Justice Adrian Saunders concurred, reasoning that only Exxon, as the developer, needed the environmental permit as it was the one that undertook the activities impacting the environment.
Justice Maureen Rajnauth-Lee also concurred highlighting the Environmental Protection Act’s objectives were met with the licence grant to the joint venture, emphasizing public participation in environmental decisions.
The full CCJ judgment is available on its website at www.ccj.org
Another idiot paying for his ignorance. Melinda dankey thinks she knows the world laws.