Guyanese litigants, Frederick Collins and Godfrey Whyte, are requesting that ExxonMobil makes public a US$2 billion parent company guarantee lodged with authorities to cover potential oil spill expenses in the Stabroek Block. However, Vice President Dr. Bharrat Jagdeo said on Thursday that there is no legal requirement for this guarantee to be publicly disclosed.
Collins and Whyte, represented by Attorneys-at-Law Seenath Jairam SC, Melinda Janki, and Abiola Wong-Innings, initially filed their case in September 2022. Their aim was to compel the Environmental Protection Agency (EPA) to obtain from ExxonMobil Guyana an unlimited liability coverage for oil spills, ensuring full protection for Guyana from any unforeseen costs related to spills in the Stabroek Block.
On May 3, 2023, High Court Judge Justice Sandil Kissoon ruled in favor of the litigants, ordering the EPA to secure an unlimited parent and/or affiliate company guarantee. Following an appeal by Exxon and the EPA, the decision was stayed. Subsequently, Appellate Court Judge, Justice Persaud mandated Exxon to provide a US$2 billion guarantee by June 8, 2023. The legal teams for Exxon, as well as the EPA, have insisted that the court order was complied with, though the litigants have since struggled to access the document for review.
A summons filed on November 1, 2023, sought orders directing the EPA and Exxon to produce the guarantee. Responding to inquiries about making the document public, Vice President Jagdeo expressed no objection in principle but noted the EPA’s legal constraints. “I can’t override the institution,” he stated, adding that the EPA fears setting a precedent for an avalanche of similar requests across various sectors.
Jagdeo preferred to leave the matter to the courts, saying, “If the court believes that it is in the public’s interest to see this document…then they would have to make it public…”
Guyana Standard understands that a hearing on the case occurred on Thursday, where the EPA’s lawyer, Sanjeev Datadin argued that the court lacks jurisdiction to enforce the release of the guarantee. The litigants’ lawyers have until January 25 to reply, with oral arguments scheduled for February 1.
