Court challenge launched against EPA permit for Exxon flaring
Three Guyanese women have filed a legal challenge against Guyana’s Environmental Protection Agency (EPA) for permitting excess offshore gas flaring by ExxonMobil.
According to a statement issued by civil society group A Fair Deal for Guyana, the three litigants, Sinikka Henry, Sherlina Nageer and Andriska Thorington, contend that the EPA acted unlawfully when it modified the permit granted to Esso Exploration and Production Guyana Ltd (EEPGL), the local affiliate owned by ExxonMobil, by purportedly allowing its excess flaring in return for paying a fee.
They noted that EEPGL has been flaring associated gas almost continuously since it began production in December 2019, despite undertaking to reinject the associated gas, not flare it. In May 2021, after ExxonMobil had flared billions of cubic feet of associated gas, the EPA purported to modify Esso’s permit to cater for fines for excess flaring.
The litigants also argue that the Agency’s decision to modify Esso’s environmental permit to allow flaring was irrational and unlawful and that it should be quashed by the Court.
The statement said that the litigants have asked for orders directing the Agency to provide reports on the amount of gas flared, and the toxins released. They are also asking for an independent and expert probe of Esso’s compliance with manufacturer’s standards for operating its gas compressor.
Henry, a lecturer at the University of Guyana, was quoted as saying, “ExxonMobil started production in December 2019. In January 2020, we first began to hear from fishermen that ExxonMobil was flaring. ExxonMobil didn’t tell us to begin with. Then we heard that they were flaring billions of cubic feet of natural gas. People protested. ExxonMobil told us they had to flare because their gas compressor wasn’t working. For more than 2 years ExxonMobil has been using faulty equipment, flaring and making climate change worse and putting toxins into the air.”
Nageer said, “Lies, and more lies - that is Exxon’s hallmark. They lied to the American people for decades about the reality of climate change and they have lied to the people of Guyana for almost two years now about the amount of flaring going on at their Liza Phase 1 operations.” Nageer noted that ExxonMobil lobbyist Keith McCoy had confirmed that ExxonMobil spent millions funding groups that denied and discredited climate science. She also warned about the secrecy and lack of regulation of ExxonMobil’s operations. “The fact is that Guyanese have no way of knowing how much gas is actually being flared by Exxon - not only do we lack the technical capacity to conduct independent verification, we are also hobbled by a government and ‘regulators’ who care more about short term monetary gains than actually protecting the environment and preventing long term damage,” she contended.
Andriska Thorington, the third litigant, and currently a student at the University of Guyana, urged other young people in Guyana to stand up for themselves. “As a young person I cannot stand by and watch my future burn up. Young people everywhere are acting to stop oil and gas from destroying the planet. I call on young people in Guyana to question this oil and gas and all the propaganda about jobs and money and benefits. The youth should be mindful of the fact that the purported money and benefits will cease to matter if our environment is destroyed.”
The three litigants are represented by attorneysat-law Melinda Janki and Ronald Burch-Smith.