Dear Editor,
‘One small step for man, one giant leap for mankind’ stands as one of the most profound statements of all time, uttered by Neil Armstrong as he stepped onto the moon on July 20, 1969. Justice Kissoon’s decision in the EPA lawsuit is one small step for Guyana to curb the behemoth EXXON and its affiliates and presents Guyana with a golden opportunity for a better oil deal and initiates the groundswell for future gains.
The learned judge declared ‘Guyana and its people are in grave potential danger of calamitous disaster.’ According to the judge, the circumstances of the case exposed the existence of an egregious state of affairs that engulfed the EPA in a quagmire of its own making. Justice Kissoon emphasized that while the EPA was given the exclusive statutory responsibilities entrusted to it by Parliament under the Environmental Protection Act 1996 and the Environmental Protection Regulations 2000 to ensure due compliance by the Oil giant ‘It has relegated itself to a state of laxity of enforcement and condoning, compounded by a lack of vigilance, leaving the nation at the mercy of a potential oil spill disaster.’ ‘Such a state of affairs was made permissible only by the omissions of a derelict, pliant and submissive Environmental Protection Agency’. :The EPA is engaged in a disingenuous attempt calculated to deceive, when it sought to dilute its liabilities expressed in clear terms at Condition 14 of the renewed environmental permit while at the same time speeding ahead with production at the Liza Phase 1 Petroleum Production Project in the Stabroek Block”. Strong words indeed.
Enter Attorney General Anil Nandlall with his idiotic drumroll: ‘The EPA and the Government of Guyana are of the considered view that the Environmental Permit imposes no obligation on the Permit Holder to provide an unlimited Parent Company Guarantee Agreement and/or Affiliate Company Guarantee Agreement. In this regard, we hold the respectful opinion that the Learned Judge fell into error in his findings’. He went on to state ‘as a result, the decision of the Learned Judge will be appealed and orders will be sought to stay its effect until the hearing and determination of the appeal’. Now, EXXON has not challenged the judge’s decision but lo and behold! The chief legal representative has taken umbrage. What the AG misses is the demeanor of his watchdog, the EPA as the judge noted that the approach adopted by the EPA, in the course of the proceedings, was inconsistent with its mandate and statutory functions, which is one of transparency and accountability. In simple language the EPA was a filled powerhouse with scarce knowledge.
Is this not a situation where a husband catches his wife in bed with another man then declares: I have to respect the sanctity of this marriage contract, and in the local lexicon of expressions … proceeds to knack glass with the sweet man! As this issue is played out one can ask the question: Are those dysfunctional politicians on the government benches-and a few in the Opposition camp- on EXXON’S payroll?
Yours truly,
Leyland Chitlall Roopnaraine
