By Khadidja Ba
In commemoration of World Environment Day, the Greenheart Movement orchestrated a captivating and thought-provoking Green Groundings discussion, focusing on the pressing issue of oil spills. Renowned activists and experts convened to delve into the theme of “generation restoration,” echoing the global call to make peace with nature.
The dialogue began with Sherlina Nageer, co-founder of the Greenheart Movement, offering sobering insights into the magnitude of ecological devastation caused by human actions. She highlighted the alarming statistic that 15% of all known species have been lost in the last 500 years, a rate exponentially accelerated by human activity. Nageer emphasised the irreversible nature of species extinction, stressing the urgent need for collective action to halt further degradation and restore equilibrium to our ecosystems.
Dr Vincent Adams, an Environmental Engineer and former head of the EPA, dissected the likelihood and ramifications of oil spills within the operational framework of ExxonMobil and its affiliates in Guyana. With a wealth of experience in environmental safety, Dr Adams elucidated on the fundamental pillars of safety, emphasising the crucial role of culture in fostering a proactive safety mindset. He asserted that all accidents are avoidable and cautioned against prioritising production, politics, or profits over safety—a principle ingrained in US government regulations. Dr Adams articulated the risk equation, highlighting the interplay between probability and consequence. Negligence and shortcuts in safety measures, he warned, inevitably increase the probability of catastrophic incidents such as oil spills. He raised concerns over the circumvention of Environmental Impact Assessments (EIAs) by Guyana’s politicians, citing instances where technical expertise was disregarded in favour of expediency and profit-driven agendas.
Drawing attention to the disparity between regulatory mandates and operational realities, Dr Adams underscored the critical need for capacity building within environmental agencies. He lamented the erosion of institutional knowledge and expertise, noting the detrimental impact on preparedness and response capabilities. Guyana’s inadequate oil spill contingency plan, crafted without requisite expertise, poses a significant threat to coastal and terrestrial ecosystems, imperilling indigenous communities reliant on nature for sustenance.
In a scathing critique of governmental complacency and corporate exploitation, Dr Adams condemned the lack of accountability and transparency in regulatory enforcement. He lambasted the absence of qualified personnel within the EPA, debunking claims of advisory support from petroleum engineers. Furthermore, he bemoaned the cessation of capacity-building initiatives, attributing it to shortsightedness and vested interests.
It became evident through his speech that the fight against oil spills and environmental degradation requires concerted action, transcending geopolitical boundaries and vested interests.
Dr. Gary Aboud, a Trinidadian panellist, echoed Adams’ assertion that safety in the oil and gas industry comes at a cost, emphasising the detrimental impact of shareholder focus on benefits over safety protocols. He drew attention to the diminishing penalties for negligence in the face of profit-driven agendas.
Dr Aboud highlighted the pivotal role of EIAs as the guiding document for environmental operations. However, he cautioned that the efficacy of EIAs hinges on the terms of reference, which delineate the scope of assessment. Without robust enforcement mechanisms, Aboud argued, environmental legislation remains a mere facade of safety, lacking the teeth to hold violators accountable.
Expressing support for responsible oil and gas practices, Dr Aboud criticised the dissonance between corporate green initiatives and on-the-ground realities. He stressed the imperative of stringent policies to regulate extractive industries, lamenting the lack of public empowerment to enforce existing laws effectively.
Dr Aboud raised alarm over the proliferation of shell companies capitalising on lax regulations, diverting profits from the extractive industry into clandestine accounts in offshore tax havens. He cited egregious incidents, such as vessels operating under Flags of Convenience, evading regulatory oversight and causing environmental havoc with impunity.
One such incident involved a vessel carrying 225,000 barrels of oil, which ran aground recently and caused significant ecological damage. Dr Aboud underscored the regional implications of such negligence, noting the delayed response from Caricom countries, indicative of systemic shortcomings in environmental governance and enforcement.
As the dialogue progressed, Dr Aboud’s commentary illuminated the pressing call for regulatory overhauls and global collaboration to address the environmental hazards linked with the oil and gas sector. His fervent call for accountability and openness struck a chord with listeners, emphasising the necessity for united efforts to protect our common Earth. He pointed out the interconnectedness of nations, highlighting that an oil spill in Guyana would impact Trinidad, despite the water’s direction away from Guyana’s shores. He questioned the absence of a Terms of Reference (TOR) framework for Guyana and expressed disappointment in Trinidad’s lack of concern, citing it as a failure. Dr Aboud expressed hope that Guyana would fare better in this regard.
Toshao Jaremy Boyal, representing Warapoka Village in Region One (Barima-Waini), highlighted the pervasive information gap affecting his community. With much discussion revolving around the looming threat of an oil spill in Region One, Boyal underscored the unique ecological richness of Warapoka, boasting a remarkable capture of 90% of Guyana’s species and the sole registered tourism activity in the region. Situated just 90 miles from the mouth of the Waini River, Warapoka’s residents rely heavily on their natural surroundings for sustenance, including rainwater. The potential fallout from an oil spill would be catastrophic for these communities, imperilling their livelihoods and eco-tourism ventures, as well as threatening their cultural heritage and overall well-being.
Boyal also raised concerns about the neglect of coastal areas in EIAs, with a focus primarily on offshore activities. Despite being presented with technical documents by representatives from the EPA and Exxon, the complexity and lack of adequate time for comprehension hindered effective engagement. He emphasised the importance of forums like the one he was attending, as they provide valuable information to communities otherwise deprived of access. However, those few who do grasp the risks associated with drilling often face backlash for speaking out.
Moreover, Boyal pointed out the deficiency in training and readiness for handling an oil spill, particularly among villages near the Waini River, heightening anxiety among residents.
Melinda Janki began her address with a powerful statement: “In law, context is everything.” As an esteemed international lawyer leading litigation to halt perilous offshore oil drilling in Guyana, she unequivocally emphasised ExxonMobil’s profit-driven agenda. According to Janki, their presence in Guyana prioritises financial gain over human and environmental rights, with a business model inherently reliant on environmental degradation. She drew attention to discrepancies between drilling practices and legislation, citing alarming examples such as the Liza One project, where Exxon’s EIA permits the disposal of 4,000 barrels of sewage daily, of unknown origin, despite the floating production, storage, and offloading vessel (FPSO) accommodating only around 200 individuals. Over the project’s lifespan, this translates to a staggering 1.4 billion barrels of sewage discharged into Guyana’s offshore waters, posing an imminent threat to the wider Caribbean region.
Furthermore, Janki stressed the paramount importance of safety, particularly in deep-water drilling operations, asserting that halting drilling activities or implementing stringent safety measures are imperative. In the courtroom, she and her legal team advocate for Exxon and other companies to adhere strictly to national laws, underscoring the potential ramifications of a spill, which could reach as far as Jamaica. She also highlighted concerns regarding Liza Two and Payara projects exceeding safety limits. Janki reiterated the responsibility of citizens to demand transparency and accountability from regulatory bodies such as the EPA, which she criticised for lax enforcement and negligence.
Referencing a landmark case against Guyana’s EPA and ExxonMobil, Janki cited Justice Sandil Kissoon’s scathing assessment of the EPA’s failure to fulfil its obligations, necessitating judicial intervention. She lamented delays in the judicial system, exemplified by a case where the Chief Justice took over a year to make a ruling. Janki also scrutinised the EPA’s failure to enforce permits, particularly in the Liza One project, where ExxonMobil is mandated to cover all costs associated with environmental damage, including cleanup and compensation, but has yet to provide the required unlimited parent company guarantee and insurance.
Despite Justice Kissoon’s ruling compelling ExxonMobil to provide such guarantees, Janki lamented the appeal lodged by the EPA, Exxon, and the Attorney General, potentially jeopardising Guyana’s environmental and economic interests. She stressed the urgency for the judiciary to comprehend the complexities of the oil and gas industry, recognizing the far-reaching implications for Guyana and its neighbouring states, whose economies heavily rely on the sea. Janki emphasised the looming threat of liability for any environmental damage caused by Guyana’s activities, advocating for a holistic understanding of the industry’s risks and consequences.
