Appeal Court sets date for hearing EPA’s appeal Unlimited Parent Guarantee ruling; No stay of ruling granted

Last week, the EPA moved to the Court of Appeal after High Court Judge, Justice Sandil Kissoon ruled that Esso Exploration must provide an unlimited Parent Company Guarantee Agreement in accordance with the Environmental Permit for the Liza Project in the Stabroek Block or face suspension.

Appeal Court sets date for hearing EPA’s appeal Unlimited Parent Guarantee ruling; No stay of ruling granted

The Environmental Protection Agency’s challenge to the High Court ruling against it and the Esso Exploration company will see oral arguments taking place on the 29th May.

Last week, the EPA moved to the Court of Appeal after High Court Judge, Justice Sandil Kissoon ruled that Esso Exploration must provide an unlimited Parent Company Guarantee Agreement in accordance with the Environmental Permit for the Liza Project in the Stabroek Block or face suspension.

In a Case Management Conference this morning, Justice of Appeal, Rishi Persaud set strict timelines for written submissions for all parties involved.

Even with the date set, the EPA’s Attorney Sanjeev Datadin sought to stay the ruling of the High Court including the orders granted, pending the hearing and determination of the appeal. But Senior Counsel Seenath Jairam who represents the interests of Frederick Collins and Godfrey Whyte, objected.

Justice Persaud, while noting that the Appellate Court is cognizant of the deadline given by the High Court, said he will be monitoring the situation closely, and appropriate action will be taken if the the need arises.

He said “I understand that due date for compliance with his Honour’s orders is the 10th of June. So, I propose to complete these proceedings before that…If needs be, we can revisit this issue”.

 As such no stay was granted.

The High Court has ordered the Environmental Protection Agency to issue an Enforcement Notice to EEPGL directing it to have to provide within 30 days an unlimited liability Parent Company Guarantee Agreement or an unlimited liability Affiliate Company Guarantee.

The guarantee is intended to ensure Guyana and its people are protected from any potential oil spill disaster.

However, the EPA, in its appeal, warned that the ruling of the High Court could have a devastating impact on the country’s economy.

The Environmental Agency believes also that the High Court Judge erred when he ruled that the EPA breached its statutory duty when it failed to ensure that EEPGL had in place unlimited Parent Company Agreement as required under the Environmental Permit (Renewed).

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