Dear Editor,
On Monday, the Ray Daggers/Glenn Lall march from Crabwood Creek to call for renegotiation of the worst oil contract in the world reached Charity amidst loud cheers and high fives from supporters. The determined group of marchers led by a spirited Ray Daggers marched for the Guyanese people against Exxon, our EPA engaged in a “frolic” of its own to violate its own rules, and the PNC/PPP twin who sold out the country in signing and propping up a bad oil contract. Yesterday, the headline screams, “Appeal Court judge declines request by EPA for stay of oil insurance order-date set for arguments on preliminary matter,” (SN, May 16, 2023). This is good news for Guyana. It was the PPP’s AG and VP, not Exxon, that raced to announce an appeal of Judge Kissoon’s order that the EPA enforce the rules and that Exxon provides unlimited parent guarantees for all liabilities in the case of oil spills. The VP criticizing Judge Kissoon said the Judge was wading in “murky waters.” But veteran Attorney and columnist Ralph Ramkarran said the “murky water” comment is “uninformed.” (Village people would have used the word “ignorant”). People all over Guyana are still talking about how can our own PPP Government appeal a decision in the People of Guyana’s favour against the oil companies unwilling to give us a better deal. Most are shocked that the Government is sad that Exxon lost and sad that the People of Guyana won.
As expected, Appeal Court Judge Rishi Persaud did not grant the Environmental Protection Agency (EPA) a stay of the High Court ruling ordering it to enforce the liability clause in permits it issued to ExxonMobil Guyana for its offshore oil operations. Similar to Judge Sandil Kissoon who issued a comprehensive, well-reasoned scathing decision against the EPA and Exxon, Appeal Court Judge Rishi Persaud seems on track to stand for the law and Guyana. The PPP Government, the AG and EPA should be worried that any frivolous lawsuits filed will make them look silly and following in the steps of the PNC arguing that 34 not 33 is the majority of 65 in our parliament. Our own PPP Government, sworn to have allegiance to the People of Guyana, is trying to overturn Judge Sandil’s decision in favour of Exxon. I think that would be an exercise in futility. The PPP Government has much to lose in fighting for Exxon, not Guyana. The Government has put itself in a deep hole in this matter, and as they say, “when you in a hole, stop digging,” unless you want to dig a deeper hole for yourself.
In fact, Appeal Court Judge Rishi Persaud said that the stay will only be addressed if there is a need, since he intends to complete the matter before him, way in advance of the June 10th deadline set by the High Court for the EPA’s compliance. Justice Persaud made it clear that the preliminary matter to be dispensed with before him, is a narrow one, simply concerning whether the EPA appeal has prospects of succeeding.
It is reported that Attorney Sanjeev Datadin (whom some consider as a good candidate for AG) who represents the EPA, had sought to frontally raise the issue of the stay. He “begged” Justice Persaud to accede his request and grant the stay, pending the hearing and determination of the preliminary matter. Imagine one of our own MPs “begging” on behalf of an errant EPA and Exxon. But Trinidadian Senior Counsel Seenath Jairam who represents Fred Collins and Godfrey Whyte on behalf of the People of Guyana, was, however, prompt in his objection to any stay being granted, arguing that the Agency first of all has no standing to even make such a request. Attorney Jairam submitted that the EPA (Appellants) was in contempt of the orders made by the High Court. His contention was that the Agency ought to bring itself into compliance with the ruling of the High Court. It was made known by Datadin at the hearing on Monday, that our PPP’s Attorney General has filed a motion to join the substantive appeal when it comes up before the full bench of the Court of Appeal. So, the People of Guyana have won Round 2. EPA/Exxon must comply with our rules.
Sincerely,
Dr. Jerry Jailall
