Environmental Resources Management (ERM), the company contracted by ExxonMobil to conduct the Environmental Impact Assessment (EIA) for the Yellowtail well development, has since apologised for “mistakenly” releasing the findings of the EIA with the signature of consultant Shyam Nokta.
Nokta is the founder of Environmental Management Consultants (EMC) and is also a representative of the People’s Progressive Party/Civic (PPP/C) government since he was on the party’s list of candidates for the March 2020 general and regional elections. The appearance of his signature on the EIA document raised suspicions and questioned the independence of the study and its executing entity since it was in contravention of the Environmental Protection (EP) Act.
Part IV of the EP Act states “every environmental impact assessment shall be carried out by an independent and suitably qualified person approved by the Agency…”
During the consultation process for the Yellowtail EIA, last month, environmentalist Simone Mangal-Joly raised the issue of Nokta’s signature appearing on the EIA document.
“There’s one thing that I believe is quite disturbing. The EIA document introduction, page one-one, says that the study is produced by an independent body, and in fact, the Environmental Protection Act requires this. However, it’s just co-signed by Mr Shyam Nokta who, as you are aware, is an elected official of the governing party that is here in government. He was on the party’s list of candidates for the 2020 general and regional elections. As far as we in Guyana know we have elected this party with Mr Nokta on a list to govern Guyana. How is it that this can be an independent EIA when there is a clear link to the power, the highest level of power in the governing party?” she had questioned.
The environmentalist had explained that she scoured the document for a declaration of conflict of interest but came up empty-handed.
“There’s no explanation of how such a conflict was addressed in the production of the work. So the question is this, can this EIA qualify as independent and can the EPA be considered as acting independently of the administration that supervises it directly from the Office of the President when it comes to assessing and approving the EIA prepared, co-prepared by, publicly signed for by an elected official of that government?” Mangal-Joly further questioned.
At that time ERM’s Project Manager Jason Willey said that Nokta’s signature was mistakenly used.
“In terms of the NTS (Non Technical Summary), you’re also correct. Mr Nokta’s signature was on a draft version of the NTS that got posted by mistake. We apologize for that…again, we apologize for that confusion and my understanding is that a new version of the NTS without his signature has been posted on the EPA website. So that was just an error on our part,” Willey had explained.
However, he did not say why the draft document was prepared with Nokta’s signature in the first place but did add that they utilized some of EMC’s data for the Yellowtail EIA.
Apology
After the issue and questions were ventilated in the press, ERM last week issued an apology to Nokta through his attorney.
“The proponent for the Yellowtail Development Project submitted to and received approval from the Guyana Environmental Protection Agency (the “EPA”) a list of consultants to conduct the EIA. This list did not include Mr Shyam Nokta or his company, Environmental Management Consultants (“EMC”). In conduct of the EIA, ERM did not engage with or involve Mr Nokta or EMC. ERM has no current relationship or engagement with Mr Nokta or EMC to provide support to any EIA concerning the Yellowtail Development Project or otherwise.
“It is with deep regret that Mr Nokta’s electronic signature was inadvertently included by ERM on the cover of the version of the EIA non-technical summary for the Yellowtail Development Project that was posted on the EPA’s website. ERM extends an unreserved apology to Mr Nokta for this error and the ensuing commentary,” the letter stated.
Last week, Nokta told Stabroek News that he believes that the matter has been effectively concluded.
“I dealt with it through my attorney and an apology was issued and I think it was significantly addressed,” he said in a brief comment.
