A University of Guyana scientist and a conservationist have filed an action against the State in which they argue that the greenhouse gases emitted from petroleum operations in the Liza Phase 1 are hazardous not only to the environment, but the health and wellbeing of citizens and must be stopped.
To this end, the applicants, Troy Thomas—a scientist and Dean of the Faculty of Natural Sciences and Quadad De Freitas—conservationist and ecotourism operator are seeking a number of declarations from the court, among which is the State’s duty to refrain from authorising activities that would harm the environment and citizens.
Thomas and De Freitas are seeking a declaration that the State’s duties under Article 149J (1) of the Constitution require it to refrain from authorising activities that would contribute significantly to climate change, ocean acidification and/or sea level rise.
More specifically, however, they want the court to declare that the direct emission of 22,030,000 tons, 34,545,000 tons and 35,720,000 tons of greenhouse gases from petroleum operations in the Liza Phase 1 and the pending Liza Phase 2 and Payara projects respectively would make the environment more harmful to the health and wellbeing of citizens and future generations.
To allow activities resulting in such impacts, the applicants argue, amounts to a constitutional violation.
They contend, too, that the increase in emissions from the on-going Liza Phase 1 project, and the proposed Liza Phase 2 and Payara projects is contrary to the State’s Nationally Determined Contribution of 2015, its commitments under the Paris Agreement, and the State’s duty to take reasonable measures under Article 149J (2), thus constituting a breach.
Against this background, Thomas and De Freitas want the court to declare that the State’s duty under Article 149J (2) to protect the environment for present and future generations through “reasonable legislative and other measures to prevent pollution and environmental degradation requires the State to take reasonable measures to prevent pollution of the atmosphere and of the oceans from greenhouse gases” subject to its control, including greenhouse gases emitted as a result of extracting, processing, or burning petroleum obtained from Guyana’s exclusive economic zone (EEZ).
They also want the court to declare that the State’s constitutional duty to take reasonable measures to protect the environment for present and future generations require it to carry out or obtain independent verification of the types and amounts of greenhouse gases actually emitted by the Liza Phase 1, and that actually emitted by future petroleum development in the Liza Phase 2 and Payara project and other subsequent oil and gas development.
The applicants have advanced also, that in its duty to protect the environment, the State must take into account proposed direct and indirect emissions before approving, licensing or permitting any proposed project that may have a significant effect on the environment.
The final declaration being sought by the men is that any bill or delegated legislation to amend or alter the Environmental Protection Act Cap 20:05 or subsidiary legislation aimed at allowing activities that make the environment more harmful to human health and wellbeing would be a violation of the State’s duty under Article 149J (1) to protect the environment and would be unconstitutional unless passed in accordance with the procedure for altering the Constitution.
In addition to the listed declarations, the Applicants are hoping to be granted costs and any further order the court deems just to grant.
The action is brought against the Attorney General who is listed as the respondent.
Detailing the grounds for his application, Thomas said that himself and family have observed and been affected by increased flooding in Wakenaam and the City and so he decided to bring the action not only on his behalf, but that of his two children and the public.
On the other hand, De Freitas who hails from the Rupununi, said his family are ranchers, ecotourism operators and conservationists who depend on the environment for their livelihoods; and that they have observed and been affected by increased droughts and floods in the area.
He said he brings the application on his own behalf and that of the public as well.
Thomas and De Freitas said that government has warned that climate change is an existential threat, that the adverse and potentially catastrophic effects of climate change are already affecting Guyana, that climate change is getting worse, and that Guyana is particularly vulnerable to the impacts of climate change and rising sea-level.
On this point they note that climate change, rising sea-levels and ocean acidification threaten Guyana’s environment, agriculture and fisheries—increase the risk of transmission of diseases such as malaria and dengue—and put at risk the city and coastal areas.
Through their attorneys Melinda Janki and Ronald Burch-Smith the applicants have submitted that climate change and ocean acidification are harmful to human health and wellbeing; and that existing emissions have long-term impacts that will affect children and future generations disproportionately.
They note that as a result of the pollution by greenhouse gases, the earth’s ambient temperature has already risen by about 1°C above pre-industrial levels and will continue to rise unless there are significant reductions in global greenhouse gas emissions.
They argue that the production, transportation, refining and use of fossil fuels (oil, gas and coal) emit greenhouse gases at every stage of the product lifecycle. This they said, includes ‘scope 1 emissions’ or direct emissions emitted as a result of the process of producing oil and gas, such as through drilling or gas flaring.
They further go on to note, that this also includes ‘scope 3 emissions’ or indirect emissions resulting from the combustion of fossil fuels by the end user.
They then submit that any significant increase in the State’s overall direct or indirect greenhouse gas emissions makes the environment more harmful to the health and wellbeing of citizens and future generations by significantly contributing to climate change, ocean acidification and rising sea-levels.
The applicants outline that Guyana is a signatory to the United Nations Framework Convention on Climate Change which has as an objective, the stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
They note that Guyana is also a signatory to the Paris Agreement which aims to restrict the increase in global temperature to no more than 1.5°C above pre-industrial levels and that the State’s Nationally Determined Contribution of 2015 submitted by the State under the Paris Agreement states that Guyana will pursue a low carbon development path.
The applicants then go on to outline that Esso Exploration and Production Guyana Ltd. (Esso), a subsidiary of ExxonMobil, has started to produce oil in the Liza Phase 1 Development Project, approximately 120 miles offshore in Guyana’s exclusive economic zone and is emitting greenhouse gases that would not otherwise have been emitted.
Guyana’s petroleum reserves they contend, will emit billions of tons of greenhouse gases in the future if those petroleum resources are extracted and burned for energy.
Thomas and De Freitas have reasoned that by authorizing, allowing, permitting and enabling the production of petroleum from the projects in the State’s EEZ, the State is facilitating the emission of substantial quantities of greenhouse gases, thereby significantly exacerbating and/or contributing to climate change, ocean acidification and rising sea-levels and making the environment more harmful to health and wellbeing.
“Future pollution of the earth from greenhouse gas emissions will have more devastating and catastrophic impacts as they interact with impacts from previous emissions,” they argue. In the affidavit supporting his application, Thomas said that Guyana is a carbon sink that removes from the atmosphere more greenhouse gas than is emitted by its population; yet, his health and wellbeing and that of his two sons—ages six and four—and of the people of Guyana, are under threat from the pollution of the earth’s atmosphere and oceans by greenhouse gases.
“This greenhouse gas pollution is endangering and harming human lives, human rights and the ecosystems on which we depend both within and outside of Guyana,” the scientist said; adding that there is overwhelming scientific evidence of the devastating impact of greenhouse gas emissions.
