HomeNewsAPPEAL COURT'S REVERSAL OF HIGH COURT RULING ON EXXON’S LIABILITY COSTS TROUBLING...

APPEAL COURT’S REVERSAL OF HIGH COURT RULING ON EXXON’S LIABILITY COSTS TROUBLING – DR. ADAM

Dr. Vincent Adams Calls Appeal Court Ruling on Exxon Liability “Troubling”

By Antonio Dey | HGP Nightly News|

Petroleum engineer and former Environmental Protection Agency Director Dr. Vincent Adams has described as “shocking” and “disappointing” the recent Court of Appeal ruling that overturned a landmark High Court decision concerning ExxonMobil Guyana’s liability coverage for potential oil spills.

Dr. Adams was reacting to the Appeal Court’s reversal of Justice Sandil Kissoon’s May 3, 2023 ruling, which had required ExxonMobil Guyana Limited, operator of the Stabroek Block, to secure a parent company guarantee from its parent company and co-venturers to cover costs associated with any potential oil spill.

According to Dr. Adams, the original ruling represented an important safeguard for Guyana’s environment, public finances, and national sovereignty.

He said the parent company guarantee was intended to ensure that Guyana would not be left exposed if ExxonMobil Guyana Limited was unable to meet the full cost of a major spill or environmental disaster.

Dr. Adams argued that the Appeal Court’s decision weakens protections for the country by leaving responsibility primarily with ExxonMobil Guyana Limited, which he described as an asset-poor subsidiary.

He warned that this could place Guyana at serious financial risk if a major oil spill occurs offshore.

The former EPA head also raised concerns over the issue of capped liability. He argued that the environmental permit language speaks to responsibility for “all costs” associated with a spill, which he said should mean full and unlimited coverage for cleanup, compensation, environmental restoration, and related damages.

According to Dr. Adams, oil spills are unpredictable and their full impact cannot be easily estimated in advance. He referenced international disasters such as the Deepwater Horizon spill as examples of how environmental and economic costs can escalate far beyond initial projections.

“This ruling facilitates Exxon’s evasion of responsibility while putting Guyana at risk of environmental and economic harm,” Dr. Adams said.

He warned that a major offshore spill could result in pollution, damage to marine ecosystems, loss of livelihoods, and health hazards from toxic discharges. He also said the impact could extend beyond Guyana to neighbouring Caribbean territories.

Dr. Adams further pointed to international examples, including legal actions involving Shell in Nigeria and the Repsol spill in Peru, arguing that Guyana must learn from the experiences of other oil-producing countries.

He said strong liability frameworks and enforceable parent company guarantees are necessary to protect citizens, taxpayers, the environment, and the national economy.

The ruling has renewed public debate over oil-sector accountability, environmental protection, and whether Guyana has sufficient financial safeguards in place as offshore production continues to expand.

Dr. Adams maintained that as Guyana approaches its 60th independence anniversary, the country must ensure that its natural resources are managed in a way that protects national interest and does not leave citizens bearing the cost of any future environmental disaster.

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