Govt. looking out for Exxon instead of Guyana-TIGIPres.

...as administration signals move to appeal Court ruling on full liability coverage

By Davina Bagot

that the Environmental Permit sense,”heargued. as the insurance policy did not imposes no obligation on the

THe said while it is known that bother the American government, he announcement by the Permit Holder to provide an the EPA is being controlled by the since the laws in place were Government of Guyana unlimited Parent Company government, this has been the sufficient to prevent the company

(GoG) to challenge a Guarantee Agreement and/or history of politics in the country, fromevenconsideringtoduckfrom court ruling that seeks to ensure the Affiliate Company Guarantee especially under the present itsresponsibility nation is prevented from having to Agreement. In this regard, we hold regime. To this end, he said, stand the expenses associated with the respectful opinion that the Collins said, “They are not “Regardless of who it was, an oil spill, has been baffling to Learned Judge fell into error in his happy until they can control every whether the person had insurance Guyaneseacrossthemiles. findings. This ruling can have single institution in the country or not, BP had to pay because the

Infact,thestatementthatsucha profound ramifications and Now the problem with that is that polluter pays and if there is to be a parentcompanyguaranteecanhave grave economic and other they can’t control the Court catastrophe in Guyana, whether “grave economic impacts” on the impacts on the public interest because it’s the same Court they there is an insurance to the tune of publicinterest,hasbeendiscounted andnationaldevelopment.” have to go and run to when there whatever it is, we need the by President of the Transparency Weighing in on this response, was the attempt to hijack the guarantee because there is no Institute of Guyana Inc (TIGI), Mr Collins in an exclusive interview electionresults.” law or power that is going to Frederick Collins, who believes with this newspaper on Friday said Telling the regulator make the Guyanese government t h a t t h i s c o n f i r m s t h e it is strange that the administration how to do its job get Exxon or anybody to fork administrationismoreinterestedin hasonlynowrecognizedthatsucha

Vice President, Bharrat Jagdeo out that amount of money and protectingExxonthanGuyana. guarantee is bad for business. He at his most recent party press that is why we need the guarantee

Collins and another citizen, conferencesharedthatthejudiciary because we need the insurance, Godfrey Whyte had taken the is treading in murky waters by which wasn’t enough in the BP Environmental Protection Agency directing a regulatory agency on case, because if it is not them, (EPA) to Court through their how to do its job and setting a guess who is going to have to do Attorneys, Seenath Jairam, SC, timeframe on when it should it? It is the Guyanese people who Melinda Janki, and Abiola Wong- completecertainorders. would have to face the Inniss on September 13, 2022 over

Collins however reasoned, “Is consequencesofacleanup ” oil spill insurance for the Stabroek the EPA really doing its job? Mr Collins said if Jagdeo believes Blockoilactivities. Jagdeo should listen to himself. this is too much to ask the oil

High Court Judge, Justice What is clear is not just that the companies for, he is essentially

“I can tell you that the conclusion that a lot of people are coming to is that the government is more concerned about Exxon’s business than ours, and it is a strange sight to behold because in no self-respecting business does a regulator even want to appear to be looking out for the interest of the companies he has to regulate, over the interest of the people on whose behalf he is regulating.”

Sandil Kissoon on May 3, 2023 Courtisgettinginvolvedintellinga insisting that this cost must be ordered the EPA to issue an regulator how to do its job, it is in bournebytheGuyanesepeople. Enforcement Notice to Esso factsadthattheCourthastotellthe Dodging responsibility? govern the environment and our Exploration and Production explained that the High Court regulatorthatitisnotdoingitsjob.” The TIGI president said the US rights as Guyanese people to enjoy Guyana Limited (EEPGL) and its Judge handed down his ruling in

He said that having listened to oil major is so clever that it acleanenvironment,”Collinssaid. parent company, ExxonMobil to keeping with the laws of the theCourtruling,therewerepartsof constituted an affiliate- Esso He added that the Permits were ensure it provides unlimited country and the Environmental

“You can’t go the states or anywhere in the world and see a regulator actually taking the side of a corporation, and in this case, an entire government.” the verbal ruling that was not Exploration and Production granted in accordance with those insurance coverage to safeguard Permitsissuedtothedeveloper includedinthewrittenrulingwhich Guyana Limited- EEPGL to laws, which took investment of Guyana against the devastating “We have to ask when did they highlights how “ridiculous” the operate the Stabroek Block which time and Parliamentary debates effectsofanoilspillwithinthenext realize it was bad for business actionsoftheEPAwere.“Youcan’t is a limited liability company- in before it became law As such, he thirtydays. becausethatisthelaw,thosearethe go the states or anywhere in the this case which merely has assets reasoned, “Government should tell Moments after the ruling, the lawsthataresetout.Thosewerethe us how long they knew that it was Attorney General, Anil Nandlall, constitutional clauses that the bad for business. Was it only when S.C in a statement indicated, “The government relied upon. These are Exxon came along, and if so, did EPA and the Government of the clauses which were passed in they not realize, the EPA itself, Guyana are of the considered view Parliament and were passed to when it put that into the Permit, world and see a regulator actually nomorethanUS$8billion. becausethatiswhattheJudgeused. takingthesideofacorporation,and Collinswaskeentonote,“They Sotheymakenosense.” in this case, an entire government,” havedeliberatelydonethatinorder Bad for whose business? theTIGIPresidentstressed. to constrain any amount of damage

The transparency advocate Interpretation of parent doneandcleanuptoacertainlimit. explained that citizens are now guarantee So what they are saying is that we concluding that the administration

Whilegovernmenthasstatedits don’t want our great money to be is more concerned about Exxon’s intent to appeal the Court ruling exposed,sowecandowhateverwe interestthantheGuyanese. since it believes there is no existing likeanddirtytheplace...thatiswhat “I can tell you that the policy such as ‘full insurance these people do so that they can conclusion that a lot of people are coverage’, Collins said the shield their profits and leave their coming to is that the government is administration is wholly expenses to the Guyanese people more concerned about Exxon’s misinformed or plainly acting andwhatthegovernmentisdoingis businessthanoursanditisastrange naiveonwhatthismeans. supportingthatnonsense.” sight to behold because in no self-

He pointed out, “Aguarantee is The TIGI President concluded, respecting business does a saying if he doesn’t pay, I will. Mr “Things are simpler than they are regulator even want to appear to be Jagdeo is apparently concerned being made to appear Firstly, what looking out for the interest of the about the ability of the market to ought to be required of them companies he has to regulate over provide that insurance.” Collins (Exxon) and has been required of the interest of the people on whose noted that when the oil spill them according to the Permit that behalf he is regulating. Let alone, occurred in Gulf of Mexico back in was given, like the Judge pointed not just appear but even to voice 2010, the operator at the time, out, is no more than they are such sentiments so nobody quite BritishPetroleum(BP)didnothave accustomed to in any other understands what is happening. an insurance policy to cover the responsible part of the world; and Nobody can quite figure it out. In damages which were in excess of sowhytheydon’twanttoadhereto fact, there are people who have US$60billion. it is anybody’s guess and why they nicknamed the EPA the Exxon

Heexplainedthattheadditional are being accommodated to that is Protection Agency, because we costs were bourne by the operator anybody’sguess.” can’t figure it out. It makes no