High Court dismisses case opposing gas to energy project

High Court dismisses case opposing gas to energy project

The High Court has dismissed an application filed by private citizens, Vanda Radzik and Elizabeth Deane-Hughes, against the Environmental Protection Agency (EPA) to cancel the permit for the gas-to-energy project.

The two citizens approached the Court back in March seeking an order to quash the Permit granted for the pipeline component of the project. They argued that the Environmental Protection Agency (EPA) approved the pipeline without any evidence that the developer, Esso Exploration and Production Guyana Limited (EEPGL) owns the plot of land through, which the pipeline passes, contrary to the Environmental Protection Act.

ExxonMobil Guyana as well as the Attorney General were added to the matter and had asked the Court to dismiss the proceedings.

In the application of defence, Head of the Gas-to Energy project Winston Brassington gave a sworn statement indicating that the oil company was granted permission by the Government of Guyana to undertake works associated with the project and explained that there was no complaint by any of the land owners that their lands were entered upon without proof of ownership.

In a written judgement today, Justice Sewnarine-Beharry said there is no evidence that the Applicants were personally aggrieved by the EPA’s decision to grant a permit to Esso Guyana.

The Fixed Date Application took issue with compliance to the law and wanted the project to be halted.

“Judicial review is not concerned with vindication in the public sphere. The origins of the prerogative writs envisioned a discretionary remedy for real injustices. It was never intended to be a sword for satisfaction but rather a shield against excesses of public functionaries,” the judge said in her ruling.

She said the applicants have not cogently articulated what real or substantial public wrong occurred to them or the wide Guyanese populace upon the granting of the environmental permit facility, which would justify quashing the decision of the EPA.

“Cognisance must be paid to the fact that significant fiscal expenditure has been injected into the Gas to Energy pipeline. A quashing order would disproportionately disadvantage Esso Guyana and the State by halting significant project development already underway,” the Judge further said in her ruling.

In summarizing her ruling, the judge said it is her view that no good to the public can be done by granting the reliefs sought in the application.

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