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    511 months ago

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    They accused the EPA of failing to enforce the requirements of its own permits by never securing a guarantee from Exxon or its subsidiary, Esso Exploration and Production Guyana Limited, that the company would cover all costs related to a possible oil spill.

    Justice Sandil Kissoon ruled in favor of Collins and Whyte across the board, concluding that the insurance and guarantee requirements were clearly stated in Esso’s permit, the EPA failed to secure those assurances, and Guyanese citizens had every reason to question that failure.

    “The EPA has relegated itself to a state of laxity of enforcement … putting this nation and its people in grave potential danger of calamitous disaster,” Kissoon wrote in a blistering 56-page ruling that called Esso “disingenuous and deceptive” and the EPA “derelict, pliant, and submissive.” Taking aim at the government and Exxon Mobil at the same time is a bold move that has some in the country worried for Kissoon’s safety, but advocates point to the ruling as confirmation that Guyana’s courts, at least, have not been captured by the oil business.

    “We have complied with all applicable laws at every step of the exploration, appraisal, development, and production stages,” said Meghan Macdonald, who handles media and communications for Exxon Mobil in Guyana.

    Nonetheless, Kissoon ordered the EPA to issue an immediate enforcement action against Esso, requiring that it provide an unlimited financial guarantee from ExxonMobil and proof of sufficient liability insurance, or its drilling permit would be suspended.

    As more and more Global North countries pass laws regulating emissions or incentivizing a shift away from fossil fuels, the race is on for the industry to sell as much oil and gas as possible before they have to strand assets.


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