1 00:00:02,400 --> 00:00:09,680 Speaker 1: No welcome back to Drilled. I'm Amy Westerveldt. This week 2 00:00:09,800 --> 00:00:14,280 Speaker 1: there was some huge news related to our most recent 3 00:00:14,440 --> 00:00:18,400 Speaker 1: season in Guyana. A verdict came through on one of 4 00:00:18,480 --> 00:00:21,639 Speaker 1: the cases that we covered, the one that Melinda Jenkie 5 00:00:21,680 --> 00:00:25,799 Speaker 1: filed that had to do with insurance and particularly with 6 00:00:25,920 --> 00:00:31,440 Speaker 1: something called financial assurance. The case argued that Guyana's Environmental 7 00:00:31,480 --> 00:00:37,920 Speaker 1: Protection Agency it's EPA, had failed to require proof from 8 00:00:38,440 --> 00:00:43,560 Speaker 1: SOO Exon subsidiary in Guyana and from Exon Mobile itself 9 00:00:44,000 --> 00:00:48,239 Speaker 1: of the sort of liability coverage needed for a risky 10 00:00:48,400 --> 00:00:52,919 Speaker 1: offshore oil project like the one that's happening offshore Guyana 11 00:00:53,000 --> 00:00:57,280 Speaker 1: right now. The law asks not only for an insurance 12 00:00:57,360 --> 00:01:02,280 Speaker 1: policy from the local operator, but also for an unlimited 13 00:01:02,680 --> 00:01:07,000 Speaker 1: guarantee from the parent company, in this case Exon Mobile, 14 00:01:07,520 --> 00:01:11,919 Speaker 1: that it will cover any damages related to the particular 15 00:01:12,040 --> 00:01:16,119 Speaker 1: activity that's being permitted, in this case, oil drilling. Part 16 00:01:16,160 --> 00:01:19,360 Speaker 1: of the argument was that an oil spill offshore Guyana 17 00:01:19,400 --> 00:01:23,560 Speaker 1: would not only impact Guyana, but could potentially impact multiple 18 00:01:23,560 --> 00:01:28,600 Speaker 1: other countries nearby. In fact, Exon's own environmental impact assessment 19 00:01:28,680 --> 00:01:32,480 Speaker 1: for its most recent well indicated that a massive oil 20 00:01:32,560 --> 00:01:37,839 Speaker 1: spill offshore Guyana could impact up to fourteen Caribbean countries. 21 00:01:38,319 --> 00:01:41,520 Speaker 1: Those are all countries that depend on fishing and tourism 22 00:01:41,800 --> 00:01:44,800 Speaker 1: for their economies. What this case argued was that the 23 00:01:44,880 --> 00:01:49,160 Speaker 1: government was allowing Exon to ramp up production quickly to 24 00:01:50,040 --> 00:01:55,880 Speaker 1: get around certain permitting requirements, while also not requiring that 25 00:01:55,960 --> 00:01:59,520 Speaker 1: it had this level of liability coverage, opening up the 26 00:01:59,560 --> 00:02:04,800 Speaker 1: country Guyana to enormous financial risk because imagine if there 27 00:02:04,920 --> 00:02:08,600 Speaker 1: was a deep water offshore blowout and it did impact 28 00:02:08,760 --> 00:02:13,280 Speaker 1: fourteen Caribbean countries, where would those countries go looking to 29 00:02:13,480 --> 00:02:17,040 Speaker 1: cover those damages. If there was no policy in place 30 00:02:17,440 --> 00:02:21,639 Speaker 1: requiring Exxon to pay for those damages, those countries would 31 00:02:21,639 --> 00:02:24,640 Speaker 1: be coming to the government of Guyana. The judge in 32 00:02:24,720 --> 00:02:30,280 Speaker 1: this case issued an absolutely blistering ruling against Exxon and 33 00:02:30,320 --> 00:02:34,560 Speaker 1: the Guyanese EPA. He called what's been happening in egregious 34 00:02:34,680 --> 00:02:38,600 Speaker 1: state of affairs that has engulfed the Environmental Protection Agency 35 00:02:38,720 --> 00:02:43,120 Speaker 1: in a quagmire of its own making. He also wrote 36 00:02:43,160 --> 00:02:46,080 Speaker 1: that quote in the course of these proceedings, the court 37 00:02:46,280 --> 00:02:50,320 Speaker 1: found on the evidence before it that So Exploration and 38 00:02:50,440 --> 00:02:55,240 Speaker 1: Production Guyana Limited was engaged in a disingenuous attempt which 39 00:02:55,320 --> 00:02:58,799 Speaker 1: was calculated to deceive when it sought to dilute its 40 00:02:58,800 --> 00:03:04,520 Speaker 1: liabilities and settled obligations stipulated and expressed in clear unambiguous 41 00:03:04,600 --> 00:03:10,200 Speaker 1: terms while simultaneously optimizing production at the Eliza Phase IE 42 00:03:10,600 --> 00:03:15,360 Speaker 1: petroleum production project in the Stopwrich Block offshore Guyana. He 43 00:03:15,400 --> 00:03:18,680 Speaker 1: goes on to write so Exploration and Production Guyana Limited 44 00:03:18,840 --> 00:03:22,160 Speaker 1: engaged in a course of action made permissible only by 45 00:03:22,160 --> 00:03:28,440 Speaker 1: the omissions of a derelict client and submissive Environmental Protection Agency. 46 00:03:28,800 --> 00:03:31,520 Speaker 1: Elsewhere in the ruling, he writes these matters were not 47 00:03:31,800 --> 00:03:36,120 Speaker 1: unknown to SOO or the EPA, and consistent with the 48 00:03:36,240 --> 00:03:40,440 Speaker 1: benefits of its petroleum production activities to which SOO is 49 00:03:40,640 --> 00:03:46,040 Speaker 1: entitled comes the burden of fulfilling its obligations under the permit, 50 00:03:47,200 --> 00:03:54,120 Speaker 1: and the agency sought refuge in silence, avoidance, concealment, and secrecy, 51 00:03:54,560 --> 00:03:58,960 Speaker 1: notwithstanding the grave potential danger and consequences to the state 52 00:03:59,120 --> 00:04:02,840 Speaker 1: and citizens if an event occurred at the Eliza Phase 53 00:04:02,880 --> 00:04:07,200 Speaker 1: I petroleum production facilities in the Stabwrich Bloc offshore Guyana 54 00:04:07,840 --> 00:04:13,120 Speaker 1: in absence of such financial assurances. He concludes that the 55 00:04:13,200 --> 00:04:17,360 Speaker 1: Environmental Protection Agency is in breach of its statutory duty 56 00:04:17,440 --> 00:04:21,800 Speaker 1: by its failure and or omissions to enforce compliance by 57 00:04:21,960 --> 00:04:27,920 Speaker 1: SO Exploration and Production Guyana Limited of its financial assurance obligations. 58 00:04:28,560 --> 00:04:32,480 Speaker 1: He orders the Environmental Protection Agency to issue an enforcement 59 00:04:32,600 --> 00:04:36,360 Speaker 1: notice on or before May ninth, less than a week 60 00:04:36,400 --> 00:04:39,840 Speaker 1: from the date of the ruling directed to SO Exploration 61 00:04:39,920 --> 00:04:45,200 Speaker 1: and Production Guyana Limited to perform its obligations. First to 62 00:04:45,320 --> 00:04:51,280 Speaker 1: provide within thirty days the unlimited liability parent company Guarantee 63 00:04:51,320 --> 00:04:57,200 Speaker 1: agreement and or an unlimited liability Affiliate company guarantee to 64 00:04:57,440 --> 00:05:02,600 Speaker 1: indemnify and keep and debat the Government of Guyana and 65 00:05:02,640 --> 00:05:07,200 Speaker 1: the Agency against all such environmental obligations of so SO 66 00:05:07,440 --> 00:05:11,280 Speaker 1: and its co venturers within the stopwrit bloc. They also 67 00:05:11,400 --> 00:05:16,080 Speaker 1: have to provide proof of environmental liability insurance, as is 68 00:05:16,200 --> 00:05:21,480 Speaker 1: customary in international petroleum industry, in accordance with the conditions 69 00:05:21,520 --> 00:05:26,080 Speaker 1: of its permit. It says, if they fail to provide 70 00:05:26,120 --> 00:05:33,040 Speaker 1: both of these things, its permit stands suspended. The judge 71 00:05:33,080 --> 00:05:36,039 Speaker 1: also tackled the question of standing in this case, which 72 00:05:36,080 --> 00:05:41,760 Speaker 1: is really really interesting. SO had argued that the particular 73 00:05:41,839 --> 00:05:46,040 Speaker 1: plaintiffs bringing this case to individual citizens, one of whom 74 00:05:46,040 --> 00:05:49,479 Speaker 1: we actually heard from this season, Frederick Collins, the President 75 00:05:49,760 --> 00:05:56,159 Speaker 1: of Transparency Guyana International. However, the organization that he works 76 00:05:56,200 --> 00:05:58,680 Speaker 1: for was not a party to this case. He was 77 00:05:58,720 --> 00:06:01,960 Speaker 1: a plaintiff in this case as an individual, as was 78 00:06:02,080 --> 00:06:03,000 Speaker 1: mister Godfrey. 79 00:06:03,040 --> 00:06:07,040 Speaker 2: White also argued that these two men had no standing 80 00:06:07,120 --> 00:06:10,600 Speaker 2: that Guyanese citizens can't bring a case like this because 81 00:06:10,839 --> 00:06:14,000 Speaker 2: it has to do with the regulatory structure and the company, 82 00:06:14,160 --> 00:06:19,119 Speaker 2: and they referred to these plaintiffs as meddlesome, meddlesome busybodies. 83 00:06:19,680 --> 00:06:25,400 Speaker 2: The judge said, yeah, no, Actually, citizens need to be 84 00:06:25,440 --> 00:06:28,280 Speaker 2: able to bring cases that are in the public interest, 85 00:06:29,000 --> 00:06:34,280 Speaker 2: especially in situations like this where there are major environmental implications. 86 00:06:34,720 --> 00:06:38,200 Speaker 2: So that's a huge precedent to set too. I caught 87 00:06:38,279 --> 00:06:41,400 Speaker 2: up with Melinda Jenki the day after the ruling came 88 00:06:41,440 --> 00:06:44,359 Speaker 2: out to hear what she thought about it and to 89 00:06:44,480 --> 00:06:47,080 Speaker 2: hear what kind of message this sends, what kind of 90 00:06:47,160 --> 00:06:51,360 Speaker 2: precedent it sets, both in Guyana and beyond. That conversation 91 00:06:51,480 --> 00:07:03,200 Speaker 2: has come up after this quick break. So first I'd 92 00:07:03,200 --> 00:07:07,640 Speaker 2: love to get just your initial reaction to the ruling 93 00:07:08,800 --> 00:07:10,560 Speaker 2: when it first first came out. 94 00:07:11,520 --> 00:07:15,520 Speaker 3: I think it's an excellent ruling. I mean, the judge 95 00:07:15,800 --> 00:07:19,200 Speaker 3: said that the EPA's lax behavior had put this nation 96 00:07:19,440 --> 00:07:24,040 Speaker 3: and its people in grave danger of calamitous disaster. And 97 00:07:24,160 --> 00:07:28,000 Speaker 3: so immediately what you have is a very strong statement 98 00:07:28,200 --> 00:07:35,680 Speaker 3: of the situation as it is. Remember Exxon, so the 99 00:07:35,720 --> 00:07:40,240 Speaker 3: Exxon subsidiary has admitted in court that they've been using 100 00:07:40,360 --> 00:07:45,360 Speaker 3: faulty equipment, and they've admitted in public that they're operating 101 00:07:45,440 --> 00:07:49,720 Speaker 3: above the safety limits. So that's very dangerous for Guyana. 102 00:07:50,320 --> 00:07:54,000 Speaker 3: And it means that if there's any kind of oil spill, disaster, 103 00:07:54,080 --> 00:07:57,000 Speaker 3: to blow out, whatever God forbid, any of that should happen, 104 00:07:58,720 --> 00:08:03,840 Speaker 3: Guyana would be liable for all of that because the 105 00:08:03,920 --> 00:08:07,200 Speaker 3: insurance is not in place and the parent company guarantee 106 00:08:07,600 --> 00:08:10,760 Speaker 3: is not in place. And the judge has corrected that 107 00:08:11,440 --> 00:08:15,040 Speaker 3: by ordering the EPA to enforce the environmental permit. I mean, 108 00:08:15,200 --> 00:08:18,800 Speaker 3: where else in the world would you have such dangerous 109 00:08:18,840 --> 00:08:24,200 Speaker 3: deep water operations going on without proper insurance and without 110 00:08:24,320 --> 00:08:28,560 Speaker 3: having the finance in place to protect the home country. 111 00:08:29,440 --> 00:08:34,600 Speaker 2: Yeah, yeah, I'm curious. I know that the government has 112 00:08:34,640 --> 00:08:38,120 Speaker 2: said that they plan to appeal and whatnot, but I'm 113 00:08:38,160 --> 00:08:42,880 Speaker 2: assuming that the ruling is the ruling in the meantime, 114 00:08:43,000 --> 00:08:47,960 Speaker 2: and they are under pressure to correct this fairly quickly. 115 00:08:48,120 --> 00:08:52,280 Speaker 3: Let's just be clear the government cannot appeal this ruling. 116 00:08:52,400 --> 00:08:54,720 Speaker 3: They're not a party to the case. 117 00:08:54,840 --> 00:08:58,959 Speaker 2: Interesting, it's the EPA that would have to appeal. 118 00:08:58,760 --> 00:09:02,800 Speaker 3: So only the EPA or so can appeal. Yeah, and 119 00:09:02,840 --> 00:09:04,840 Speaker 3: the EPA is not the government. The EPA is an 120 00:09:04,840 --> 00:09:09,320 Speaker 3: independent statutory authority. Now, if the government is instructing the 121 00:09:09,320 --> 00:09:13,960 Speaker 3: EPA to appeal, then that's clearly unlawful. And that and 122 00:09:14,040 --> 00:09:17,160 Speaker 3: if the EPR were to then act on the basis 123 00:09:17,200 --> 00:09:22,840 Speaker 3: of instructions from the politicians, that action would be unlawful 124 00:09:22,960 --> 00:09:25,360 Speaker 3: and it would be open to judicial review on the 125 00:09:25,360 --> 00:09:30,640 Speaker 3: grounds that the EPO was carrying out instructions that were 126 00:09:30,679 --> 00:09:32,160 Speaker 3: not part of its mandate. 127 00:09:32,000 --> 00:09:33,319 Speaker 2: Right right. 128 00:09:34,440 --> 00:09:38,480 Speaker 3: So that's well, it's a very foolish course of action 129 00:09:38,679 --> 00:09:41,720 Speaker 3: for any government to take, is to say publicly that 130 00:09:41,800 --> 00:09:43,600 Speaker 3: they're going to appeal a case that they're not a 131 00:09:43,640 --> 00:09:48,160 Speaker 3: party to, and therefore implying that they have some control 132 00:09:48,160 --> 00:09:50,319 Speaker 3: over an independent statutory authority. 133 00:09:50,480 --> 00:09:53,360 Speaker 2: Yeah, that's interesting. That's very interesting. 134 00:09:54,640 --> 00:09:57,160 Speaker 3: It's an independent statutory authority. I mean, I wrote the 135 00:09:57,240 --> 00:09:58,640 Speaker 3: legislation that set this thing up. 136 00:09:58,720 --> 00:10:03,120 Speaker 2: Yeah, yeah, I thought that was really interesting actually too 137 00:10:03,160 --> 00:10:08,000 Speaker 2: that at several points in the ruling the judge mentioned 138 00:10:08,080 --> 00:10:12,160 Speaker 2: how SOO had tried to sort of tell the court 139 00:10:12,640 --> 00:10:16,319 Speaker 2: what some of these laws meant, and I wanted to 140 00:10:16,360 --> 00:10:20,000 Speaker 2: get your take on that that approach that they have 141 00:10:20,160 --> 00:10:22,440 Speaker 2: taken in this case. 142 00:10:23,160 --> 00:10:27,400 Speaker 3: Look, the I mean SO obviously has to be advised 143 00:10:27,800 --> 00:10:31,360 Speaker 3: by its own lawyers, and I can't comment on that. 144 00:10:32,000 --> 00:10:34,800 Speaker 3: We put in our submissions, and clearly the judge has 145 00:10:34,920 --> 00:10:39,000 Speaker 3: ruled on the basis that he thinks he agrees with 146 00:10:39,040 --> 00:10:42,240 Speaker 3: our submissions, and he's given a judgment that is based 147 00:10:43,200 --> 00:10:48,439 Speaker 3: on law and legal principle. So's views on what the 148 00:10:48,520 --> 00:10:51,880 Speaker 3: law says are completely irrelevant. I mean, so, these are 149 00:10:51,920 --> 00:10:55,280 Speaker 3: business people. The business model depends on polluting the atmosphere 150 00:10:55,440 --> 00:10:58,480 Speaker 3: and the ocean with greenhouse gases. They make them money 151 00:10:58,480 --> 00:11:01,240 Speaker 3: out of destroying the climate and making the ocean more acid. 152 00:11:01,440 --> 00:11:04,400 Speaker 3: I mean, that's what they do. Law is not their concern. 153 00:11:05,120 --> 00:11:06,720 Speaker 3: They take advice from their lawyers. 154 00:11:07,520 --> 00:11:11,000 Speaker 2: I'm curious to hear what you think, like, what kind 155 00:11:11,040 --> 00:11:16,960 Speaker 2: of message this sends, both in Guyana and beyond to 156 00:11:17,080 --> 00:11:20,040 Speaker 2: all of the countries that oil majors are operating in. 157 00:11:20,160 --> 00:11:22,960 Speaker 2: What kind of precedent does this sad and sort of 158 00:11:23,320 --> 00:11:24,480 Speaker 2: message does it sound? 159 00:11:25,280 --> 00:11:29,400 Speaker 3: Well? I think there's some really significant messages here, I 160 00:11:29,440 --> 00:11:33,439 Speaker 3: mean the top line. Two ordinary citizens in this little 161 00:11:33,440 --> 00:11:35,880 Speaker 3: country which most people can't find on the map. Two 162 00:11:35,920 --> 00:11:39,200 Speaker 3: of them have gone to court and they've beaten the EPA. 163 00:11:39,440 --> 00:11:43,200 Speaker 3: But they've also beaten Exxon Mobile. And this is really 164 00:11:43,240 --> 00:11:47,480 Speaker 3: a victory for the people by the people. I think 165 00:11:47,520 --> 00:11:50,440 Speaker 3: we have to give full CDOs to his honor Justice 166 00:11:50,480 --> 00:11:54,280 Speaker 3: Sandil Kisun. He put the rule of law above the 167 00:11:54,400 --> 00:11:59,920 Speaker 3: interests of Exxon Mobile. That's massive. That's what every judge, 168 00:12:00,120 --> 00:12:03,040 Speaker 3: every country should be doing. And I think this decision 169 00:12:03,120 --> 00:12:06,079 Speaker 3: sets the standard for judges everywhere, not just in Guyana, 170 00:12:06,200 --> 00:12:07,240 Speaker 3: but across the world. 171 00:12:07,720 --> 00:12:11,600 Speaker 2: Is there any sense that the judges ruling will be 172 00:12:11,640 --> 00:12:14,200 Speaker 2: politicized in some way that you know, it will get 173 00:12:14,240 --> 00:12:20,000 Speaker 2: the sort of oh, he's just against the PPP or whatever, 174 00:12:20,160 --> 00:12:22,920 Speaker 2: that kind of reaction from folks. 175 00:12:23,520 --> 00:12:27,600 Speaker 3: This is a decision that puts the interests to Guyana 176 00:12:27,840 --> 00:12:30,839 Speaker 3: and the nation foremost. It's a decision that upholds the 177 00:12:30,920 --> 00:12:34,079 Speaker 3: rule of law. It's a decision that says you s 178 00:12:34,160 --> 00:12:38,679 Speaker 3: so took a business decision to accept this permit, and 179 00:12:38,720 --> 00:12:42,359 Speaker 3: you signed for it, and you agreed to provide the insurance, 180 00:12:42,480 --> 00:12:47,319 Speaker 3: and you agreed to provide the parent company, the unlimited 181 00:12:47,360 --> 00:12:51,880 Speaker 3: parent company guarantee, and you, the EPA, have a job 182 00:12:51,920 --> 00:12:56,520 Speaker 3: to enforce that permit, so you will need to provide 183 00:12:56,520 --> 00:13:01,200 Speaker 3: that insurance and that unlimited parent company guarantee. Now, if 184 00:13:01,240 --> 00:13:03,720 Speaker 3: anybody tries to politicize that decision, they are going to 185 00:13:03,720 --> 00:13:08,280 Speaker 3: look extremely foolish. The government is already looking silly by 186 00:13:08,280 --> 00:13:10,760 Speaker 3: saying that it's going to appeel the decision, and people 187 00:13:10,800 --> 00:13:16,200 Speaker 3: are asked, why is the government taking this attitude and 188 00:13:16,440 --> 00:13:20,839 Speaker 3: appearing to be on the side of ess rather than 189 00:13:20,880 --> 00:13:26,440 Speaker 3: on the side of the country. This ruling, once the 190 00:13:26,640 --> 00:13:30,120 Speaker 3: insurance and the guarantee are in place, means that Guyana 191 00:13:30,240 --> 00:13:33,959 Speaker 3: is no longer potentially liable for billions of US dollars. 192 00:13:34,640 --> 00:13:40,120 Speaker 3: So who would actually question that? Why would anybody question 193 00:13:40,720 --> 00:13:44,240 Speaker 3: a decision by the judge which says, enforce the permit, 194 00:13:44,920 --> 00:13:49,280 Speaker 3: comply with your obligations, and make sure that this country 195 00:13:49,320 --> 00:13:53,240 Speaker 3: does not suffer as a result of your default or 196 00:13:53,280 --> 00:13:55,800 Speaker 3: bad behavior. I mean, he didn't use those exact words, 197 00:13:55,960 --> 00:13:56,800 Speaker 3: That's what I'm saying. 198 00:13:56,880 --> 00:13:59,400 Speaker 2: Yeah, I mean, I thought that was really interesting about 199 00:13:59,440 --> 00:14:02,840 Speaker 2: this case in general, just the extent to which SO 200 00:14:02,800 --> 00:14:09,200 Speaker 2: SO and the EPA were really partners. You know, talking 201 00:14:09,200 --> 00:14:12,360 Speaker 2: about this stuff, and I'm curious for your thoughts on 202 00:14:12,400 --> 00:14:15,720 Speaker 2: that too, just just the extent to which the EPA 203 00:14:16,000 --> 00:14:19,600 Speaker 2: seemed to be very much, I don't know, just sort 204 00:14:19,640 --> 00:14:23,240 Speaker 2: of complying with the way that so slash Axon wanted 205 00:14:23,280 --> 00:14:24,360 Speaker 2: to handle things. 206 00:14:24,640 --> 00:14:29,120 Speaker 3: Oh, I think it's clear from the decision that the 207 00:14:29,160 --> 00:14:33,840 Speaker 3: relationship between the EPA and SO has not been the 208 00:14:33,920 --> 00:14:37,360 Speaker 3: relationship that you would expect from the regulator and the 209 00:14:37,520 --> 00:14:41,440 Speaker 3: entity being regulated. The EPA has been far too compliant, 210 00:14:42,320 --> 00:14:47,200 Speaker 3: hasn't done its job, and so SO has been allowed 211 00:14:47,200 --> 00:14:51,520 Speaker 3: to get away with breaching its permit. And the result 212 00:14:51,600 --> 00:14:56,760 Speaker 3: of that, the judge says that lack of vigilance by 213 00:14:56,800 --> 00:15:01,120 Speaker 3: the EPA and its lack of enforcement has put the 214 00:15:01,560 --> 00:15:05,120 Speaker 3: quoting now put this nation and its people in grave 215 00:15:05,280 --> 00:15:10,280 Speaker 3: potential danger of calamitous disaster. So the EPA has been 216 00:15:10,320 --> 00:15:16,640 Speaker 3: completely irresponsible. The judge has corrected that situation, and everybody 217 00:15:16,680 --> 00:15:20,200 Speaker 3: in the country should be cheering this decision. Every politician, 218 00:15:20,280 --> 00:15:25,000 Speaker 3: every business person, every activist, academic student, everybody should be 219 00:15:25,080 --> 00:15:30,400 Speaker 3: cheering this decision because it's protecting Guyana. It's protecting every 220 00:15:30,440 --> 00:15:31,640 Speaker 3: single one of us. 221 00:15:32,240 --> 00:15:37,760 Speaker 2: Yeah. Well, it also really seems like a good proof 222 00:15:37,800 --> 00:15:41,080 Speaker 2: point that the court is not being influenced by either 223 00:15:41,200 --> 00:15:46,240 Speaker 2: the government or corporate interests, which should make anyone in 224 00:15:46,280 --> 00:15:49,640 Speaker 2: any country feel like, Okay, we have a functional court system. 225 00:15:49,760 --> 00:15:50,960 Speaker 2: This is good. Yeah. 226 00:15:51,040 --> 00:15:56,680 Speaker 3: I think this judge deserves a real recognition and praise 227 00:15:56,760 --> 00:16:00,600 Speaker 3: from around the world for taking this position. This is 228 00:16:00,880 --> 00:16:03,560 Speaker 3: a country that is very new to oil and gas, 229 00:16:03,600 --> 00:16:09,040 Speaker 3: and he says that we've seen politicians across the divide, 230 00:16:09,040 --> 00:16:11,880 Speaker 3: whether it's the PPP or the ATNEU or the AFC 231 00:16:12,000 --> 00:16:20,920 Speaker 3: or whoever, all completely pro oil irresponsibly, So throwing caution 232 00:16:21,080 --> 00:16:27,720 Speaker 3: to the winds over excited about Guyana becoming an oil producer. 233 00:16:28,120 --> 00:16:29,880 Speaker 3: And now you've got the voice of reason coming in 234 00:16:29,920 --> 00:16:32,240 Speaker 3: and saying, wait a minute, there is something called the 235 00:16:32,280 --> 00:16:34,440 Speaker 3: rule of law, and we're going to uphold it. There 236 00:16:34,480 --> 00:16:36,680 Speaker 3: are rules here to protect the people of Guyana and 237 00:16:36,720 --> 00:16:41,440 Speaker 3: the environment of Guyana and the Caribbean, and this judge 238 00:16:41,480 --> 00:16:43,600 Speaker 3: is going to uphold those rules. 239 00:16:44,400 --> 00:16:44,960 Speaker 4: Yeah. 240 00:16:45,160 --> 00:16:51,320 Speaker 2: Yeah, I thought that his stance on standing was also 241 00:16:51,440 --> 00:16:56,000 Speaker 2: really important. You know this idea that look, especially when 242 00:16:56,000 --> 00:17:04,840 Speaker 2: it comes to things like environmental regulation, it's important to 243 00:17:04,880 --> 00:17:08,600 Speaker 2: protect the ability of citizens to bring public interest suits. 244 00:17:08,600 --> 00:17:11,480 Speaker 2: And I'm curious what you thought about that that part 245 00:17:11,560 --> 00:17:11,960 Speaker 2: as well. 246 00:17:12,320 --> 00:17:14,800 Speaker 3: I've impressed you really have read the decision. 247 00:17:15,240 --> 00:17:17,560 Speaker 2: Yes, I've highlighted many parts. 248 00:17:17,640 --> 00:17:26,119 Speaker 4: Yeah, so I think what you have there is a 249 00:17:26,160 --> 00:17:28,800 Speaker 4: really good statement of judicial review. 250 00:17:28,960 --> 00:17:32,520 Speaker 3: Judicial review is basically the rule of law in action. 251 00:17:33,200 --> 00:17:37,320 Speaker 3: We depend on citizens to go to court and say, look, 252 00:17:38,000 --> 00:17:41,439 Speaker 3: there isn't there is abuse of power by this public authority, 253 00:17:42,200 --> 00:17:44,480 Speaker 3: and you, the court, do want you to step in 254 00:17:44,560 --> 00:17:48,160 Speaker 3: and put a stop to this abuse. And by ruling 255 00:17:48,200 --> 00:17:51,639 Speaker 3: on standing in this suaity, the judge is basically saying, 256 00:17:51,720 --> 00:17:54,960 Speaker 3: in the modern era, everybody has a right now, every 257 00:17:55,000 --> 00:17:58,160 Speaker 3: citizen has a right to go to court to protect 258 00:17:58,160 --> 00:18:02,560 Speaker 3: the public interest, and the traditional rules on standing are 259 00:18:02,640 --> 00:18:07,080 Speaker 3: inappropriate for the situation that we are in now, and 260 00:18:07,160 --> 00:18:10,359 Speaker 3: that actually we have to have these rules of standing. 261 00:18:10,359 --> 00:18:14,639 Speaker 3: This is a really good modern decision based on the 262 00:18:14,800 --> 00:18:15,760 Speaker 3: legal principles. 263 00:18:16,000 --> 00:18:18,520 Speaker 2: Good. Well, I was just saying someone this morning like that, 264 00:18:18,600 --> 00:18:21,160 Speaker 2: I would love to see a ruling like this from 265 00:18:21,160 --> 00:18:25,120 Speaker 2: the US Supreme Court, and it feels like totally wishful thinking. 266 00:18:25,960 --> 00:18:30,439 Speaker 2: So so yeah, it was. It was. It was a 267 00:18:30,480 --> 00:18:34,520 Speaker 2: good read. Okay, excellent, I guess yeah, what are just 268 00:18:34,520 --> 00:18:37,280 Speaker 2: the next steps for you on this case? Are you 269 00:18:37,359 --> 00:18:40,280 Speaker 2: sort of waiting to see if if anything gets filed 270 00:18:40,359 --> 00:18:44,400 Speaker 2: and then and then you know, proceed from there. Are 271 00:18:44,400 --> 00:18:48,359 Speaker 2: you looking at okay? If if the government you know, 272 00:18:48,520 --> 00:18:51,600 Speaker 2: is making public statements about this, then possibly that could 273 00:18:51,640 --> 00:18:53,560 Speaker 2: be a case as well. I know there might be 274 00:18:53,600 --> 00:18:55,920 Speaker 2: things you can't discuss, but to the extent that you 275 00:18:55,960 --> 00:18:58,200 Speaker 2: can share, what's what's next on this for you? 276 00:18:59,040 --> 00:19:01,240 Speaker 3: Well, to be honest, I think the most important thing 277 00:19:01,359 --> 00:19:04,720 Speaker 3: right now is to get people in Guyana to understand 278 00:19:05,119 --> 00:19:09,080 Speaker 3: the immense significance of this case. The judge has put 279 00:19:09,119 --> 00:19:11,760 Speaker 3: the root of law above the interests of Excelmobile. So 280 00:19:11,840 --> 00:19:13,680 Speaker 3: all of those people who've been running around saying, oh, 281 00:19:13,680 --> 00:19:16,760 Speaker 3: you can't do anything, you can't do anything, now they 282 00:19:16,760 --> 00:19:21,080 Speaker 3: don't have an excuse. Red Thread, which is a group 283 00:19:21,400 --> 00:19:26,640 Speaker 3: of activists women, were out on Wednesday protesting and campaigning 284 00:19:26,960 --> 00:19:31,200 Speaker 3: in order to get the insurance in place, and people 285 00:19:31,240 --> 00:19:33,600 Speaker 3: were saying to them that they support Red Thread, but 286 00:19:33,600 --> 00:19:35,359 Speaker 3: they don't think they'll get anywhere on the insurance. And 287 00:19:35,359 --> 00:19:38,000 Speaker 3: of course this ruling comes out saying that ESSO has 288 00:19:38,040 --> 00:19:40,960 Speaker 3: to provide the insurance. And I think that sense a 289 00:19:41,000 --> 00:19:45,639 Speaker 3: really important message to people, and it says stop giving 290 00:19:45,680 --> 00:19:49,359 Speaker 3: way to despair, stop looking for excuses. Actually, you have 291 00:19:49,440 --> 00:19:53,360 Speaker 3: the power to act, so act because it brings results. 292 00:19:53,400 --> 00:19:56,359 Speaker 3: And again this is two people to ordinary citizens who 293 00:19:56,480 --> 00:20:00,000 Speaker 3: went to court. There's no CSO involved in this sign up. 294 00:20:00,119 --> 00:20:03,359 Speaker 3: The Bloomberg article says it's Transparency Institute Guyana Inc. But 295 00:20:03,400 --> 00:20:09,080 Speaker 3: it's not. It's Fred Collins and God free weight to individuals. 296 00:20:09,800 --> 00:20:10,119 Speaker 2: Yeah. 297 00:20:10,760 --> 00:20:12,840 Speaker 3: So the next step, I think the really important thing 298 00:20:12,920 --> 00:20:14,639 Speaker 3: is to get people to understand that they have this 299 00:20:14,840 --> 00:20:19,400 Speaker 3: power and that they have an obligation to protect democracy 300 00:20:19,480 --> 00:20:22,560 Speaker 3: in Guyana, that they have the power to stand up 301 00:20:22,600 --> 00:20:26,960 Speaker 3: instead of just complaining about things not being right have 302 00:20:27,119 --> 00:20:29,439 Speaker 3: they can act and they will get. 303 00:20:29,400 --> 00:20:31,920 Speaker 2: Right, and that the court will actually hear them and 304 00:20:33,280 --> 00:20:36,560 Speaker 2: rule accordingly. That is it's so important for people to 305 00:20:36,640 --> 00:20:39,679 Speaker 2: feel like it's not a lost cause to take a 306 00:20:39,720 --> 00:20:40,760 Speaker 2: case like this to court. 307 00:20:41,000 --> 00:20:42,840 Speaker 3: Yeah. I think this also sends a message to the 308 00:20:42,920 --> 00:20:47,199 Speaker 3: judiciary because we have we have had a case, the 309 00:20:47,200 --> 00:20:49,720 Speaker 3: gains Skin case before the Chief Justice where the Chief 310 00:20:49,840 --> 00:20:54,360 Speaker 3: Justice took over a year to give a decision and 311 00:20:54,400 --> 00:21:00,280 Speaker 3: that's in breach of national law, specifically in breach of 312 00:21:00,320 --> 00:21:03,840 Speaker 3: the time limit for Judicial Decisions Act and in breach 313 00:21:03,960 --> 00:21:07,200 Speaker 3: of the cases in the Caribbean Court of Justice, which 314 00:21:07,240 --> 00:21:11,280 Speaker 3: is our highest court of appeal. This case, Justice Casson, 315 00:21:11,560 --> 00:21:14,320 Speaker 3: took from start to finish in eight months. 316 00:21:15,000 --> 00:21:18,880 Speaker 2: Yeah, I was shocked at how quickly the ruling came out. 317 00:21:19,080 --> 00:21:21,639 Speaker 3: This is what you want in a judicial review case, 318 00:21:21,720 --> 00:21:25,359 Speaker 3: because every day in which you're waiting for a decision 319 00:21:25,920 --> 00:21:29,800 Speaker 3: is a day in which a public authority, and in 320 00:21:29,840 --> 00:21:35,800 Speaker 3: this case so is acting on lawfully. So judicial review 321 00:21:36,000 --> 00:21:39,640 Speaker 3: is always urgent. The judges are expected to move swiftly, 322 00:21:40,280 --> 00:21:42,679 Speaker 3: and the judge in this case has shown that it 323 00:21:42,720 --> 00:21:45,679 Speaker 3: is possible to do that, so that sends a very 324 00:21:45,720 --> 00:21:50,720 Speaker 3: clear message to the rest of the judiciary. We have 325 00:21:50,760 --> 00:21:56,119 Speaker 3: another case before the Chief Justice in which the hearing 326 00:21:56,280 --> 00:22:01,080 Speaker 3: ended in May last year. It's again May, and we 327 00:22:01,240 --> 00:22:03,880 Speaker 3: still have not heard a decision from the Chief Justice, 328 00:22:04,600 --> 00:22:10,280 Speaker 3: even though we've written several letters. So I think looking ahead, 329 00:22:10,280 --> 00:22:13,679 Speaker 3: I would hope to see decisions coming a lot faster 330 00:22:13,800 --> 00:22:18,000 Speaker 3: on these judicial review decisions. Now it's not acceptable, I think, 331 00:22:18,480 --> 00:22:21,040 Speaker 3: to be waiting for a year for a decision, and 332 00:22:21,080 --> 00:22:24,840 Speaker 3: it's it's certainly contrary to national law and contrary to 333 00:22:24,920 --> 00:22:27,399 Speaker 3: the rulings of the Caribbean Court of Justice. So it's 334 00:22:27,440 --> 00:22:31,160 Speaker 3: a most unfortunate situation in these other in the other 335 00:22:31,240 --> 00:22:32,600 Speaker 3: cases that I mentioned. 336 00:22:33,480 --> 00:22:36,200 Speaker 2: I also thought it was really interesting how many times 337 00:22:36,240 --> 00:22:41,080 Speaker 2: the judge emphasized that the issue of you know, whether 338 00:22:41,280 --> 00:22:45,880 Speaker 2: or not the law requires financial assurance and this this 339 00:22:46,720 --> 00:22:50,119 Speaker 2: parent company guarantee, Like he said sort of over and 340 00:22:50,160 --> 00:22:53,439 Speaker 2: over again, like it's not complicated because because you know 341 00:22:53,880 --> 00:22:57,120 Speaker 2: s O and the kind of message that like, well, 342 00:22:57,240 --> 00:23:00,159 Speaker 2: the law is really complicated, it's open to interpretition and 343 00:23:02,200 --> 00:23:05,120 Speaker 2: I don't know that seemed really important to me too, 344 00:23:05,160 --> 00:23:08,480 Speaker 2: that like he sort of repeated over and over again, like, look, 345 00:23:08,560 --> 00:23:11,080 Speaker 2: this is not actually that complicated of an issue with 346 00:23:11,119 --> 00:23:16,080 Speaker 2: the loss as this. It's very clear both sides understood it. 347 00:23:16,280 --> 00:23:20,040 Speaker 3: Yes, I agree completely with the judge. I have no 348 00:23:20,160 --> 00:23:24,679 Speaker 3: idea why you thought it was complicated, and if it was. 349 00:23:24,840 --> 00:23:28,800 Speaker 3: If they did think it was complicated, surely they would 350 00:23:28,800 --> 00:23:33,160 Speaker 3: have obtained a competent legal advice before signing a document 351 00:23:33,200 --> 00:23:37,679 Speaker 3: that they thought was complicated. So if they didn't, So 352 00:23:37,760 --> 00:23:40,040 Speaker 3: if they thought it was complicated and they didn't get 353 00:23:40,080 --> 00:23:43,119 Speaker 3: proper legal advice, what's going on there? If it was 354 00:23:43,160 --> 00:23:45,760 Speaker 3: complicated and they got proper legal advice, why are you 355 00:23:45,800 --> 00:23:49,200 Speaker 3: coming back and saying you don't understand it or it's complicated, 356 00:23:49,280 --> 00:23:52,240 Speaker 3: you know, yeah, it just doesn't make sense. 357 00:23:53,040 --> 00:23:55,320 Speaker 2: I know, it almost it seemed to me more like 358 00:23:55,400 --> 00:23:59,120 Speaker 2: something they wanted to convince the public of that like this, Oh, 359 00:23:59,240 --> 00:24:02,239 Speaker 2: actually the problem is that this law is complicated and 360 00:24:02,280 --> 00:24:08,199 Speaker 2: open to interpretation. I don't know, it was Oh yeah, 361 00:24:08,240 --> 00:24:10,000 Speaker 2: I don't know. That's what it seemed like to me, 362 00:24:10,040 --> 00:24:12,000 Speaker 2: because they mentioned it in a lot of their marketing 363 00:24:12,080 --> 00:24:17,760 Speaker 2: videos too, that like, you know, it's it's a complex issue, 364 00:24:17,880 --> 00:24:21,120 Speaker 2: but don't worry, we have the right insurance in place, 365 00:24:21,359 --> 00:24:24,560 Speaker 2: and and and like I you know, it was interesting 366 00:24:24,600 --> 00:24:27,400 Speaker 2: to me that this so far, of all the court cases, 367 00:24:27,400 --> 00:24:29,720 Speaker 2: this is the only one that I've seen sort of 368 00:24:29,840 --> 00:24:32,520 Speaker 2: multiple Exon videos about. 369 00:24:32,840 --> 00:24:35,040 Speaker 3: So On is of course entitled to say whatever they want. 370 00:24:36,160 --> 00:24:39,679 Speaker 3: The question is whether people believe them. The question is 371 00:24:39,680 --> 00:24:43,880 Speaker 3: whether people trust what Exon Mobil says. And I think 372 00:24:43,880 --> 00:24:47,679 Speaker 3: perhaps a more important question is whether they're investors and 373 00:24:47,720 --> 00:24:53,040 Speaker 3: the market have confidence in Exon Mobil and its business 374 00:24:53,080 --> 00:24:57,359 Speaker 3: plan and the things that it's saying. I don't know 375 00:24:57,400 --> 00:24:58,159 Speaker 3: the answer to that. 376 00:24:59,119 --> 00:25:02,959 Speaker 2: Yeah, that should be because actually the main group that 377 00:25:03,000 --> 00:25:06,879 Speaker 2: they have messaged to about how great it is that 378 00:25:06,920 --> 00:25:13,159 Speaker 2: they're moving so quickly is shareholders. So it'll be interesting 379 00:25:13,359 --> 00:25:15,560 Speaker 2: to see if that tune changes. 380 00:25:16,960 --> 00:25:21,360 Speaker 3: Yes, I mean I wonder whether they thought this went 381 00:25:21,560 --> 00:25:26,199 Speaker 3: through because to be operating above the safety levels of 382 00:25:26,240 --> 00:25:30,359 Speaker 3: your fbso your floating production storage, offloading vessels, and to 383 00:25:30,359 --> 00:25:35,680 Speaker 3: be using Faulter equipment, those are not items that would 384 00:25:35,840 --> 00:25:40,119 Speaker 3: fill a shareholder with confidence, particularly when you think that 385 00:25:40,200 --> 00:25:44,960 Speaker 3: this is dangerous deep water drilling. This is one hundred 386 00:25:44,960 --> 00:25:48,159 Speaker 3: and twenty miles off shore, the oil is about a 387 00:25:48,240 --> 00:25:51,760 Speaker 3: mile below, the ocean is about a mile deep, and 388 00:25:51,800 --> 00:25:54,440 Speaker 3: the oil is you know, I think about another mile 389 00:25:54,480 --> 00:25:59,000 Speaker 3: below the seabed. This is extremely dangerous. And then when 390 00:25:59,000 --> 00:26:05,119 Speaker 3: you add to that, clearly a lax regulator. In fact, 391 00:26:05,160 --> 00:26:09,440 Speaker 3: the message to shareholders is not, look, it's wonderful, we're 392 00:26:09,480 --> 00:26:13,400 Speaker 3: moving so fast. It seems to me that one could 393 00:26:13,720 --> 00:26:20,919 Speaker 3: reasonably conclude from the operations and the lax regulation that 394 00:26:21,040 --> 00:26:24,000 Speaker 3: this is a very risky operation, and in fact, shareholders 395 00:26:24,040 --> 00:26:26,480 Speaker 3: might want to think about the implications. 396 00:26:26,680 --> 00:26:30,159 Speaker 2: Yeah, but again, you know, that's why it's important to 397 00:26:30,240 --> 00:26:34,600 Speaker 2: have a judge that reminds the EPA of its job. 398 00:26:35,000 --> 00:26:39,400 Speaker 3: Yes, I think this also has implications for business, because 399 00:26:40,520 --> 00:26:43,800 Speaker 3: what business requires above what else is a level playing field, 400 00:26:44,119 --> 00:26:47,080 Speaker 3: rules that apply to everybody and that are enforced equally 401 00:26:47,400 --> 00:26:51,240 Speaker 3: against all of this entities in the sector. Now, if 402 00:26:51,280 --> 00:26:54,119 Speaker 3: you've got one one operator think they have a collaborative 403 00:26:54,200 --> 00:26:59,159 Speaker 3: relationship with the regulator, that's actually really bad for business 404 00:26:59,200 --> 00:27:00,640 Speaker 3: and really bad for the country. 405 00:27:01,359 --> 00:27:01,520 Speaker 2: Right. 406 00:27:02,240 --> 00:27:06,000 Speaker 3: Yeah, you want to attract investment, and yet you're boasting 407 00:27:06,040 --> 00:27:10,920 Speaker 3: that there's a collaborative relationship between the regulator and one 408 00:27:10,920 --> 00:27:12,960 Speaker 3: of the entities, and the government is saying they want 409 00:27:12,960 --> 00:27:16,280 Speaker 3: to attract investment that they want to develop, and yet 410 00:27:16,480 --> 00:27:20,720 Speaker 3: they can't even meet the very basic standards that you 411 00:27:20,840 --> 00:27:25,800 Speaker 3: require for business, which is which is a level playing field, 412 00:27:26,040 --> 00:27:29,320 Speaker 3: a market in which everybody, everybody knows what the rules are, 413 00:27:29,560 --> 00:27:32,240 Speaker 3: and all the entities in that market about the rules, 414 00:27:32,440 --> 00:27:34,040 Speaker 3: and they know that the rules are going to be 415 00:27:34,080 --> 00:27:37,119 Speaker 3: enforced equally against all of them, no favors for anybody. 416 00:27:37,640 --> 00:27:39,320 Speaker 3: Otherwise you're distorting competition. 417 00:27:44,760 --> 00:27:49,600 Speaker 1: That's it for this bonus episode. Thanks for listening. We 418 00:27:49,640 --> 00:27:53,520 Speaker 1: will have a more detailed story on this ruling on 419 00:27:53,560 --> 00:27:57,159 Speaker 1: our website at Drilled podcast dot com. I'll also have 420 00:27:57,200 --> 00:27:59,800 Speaker 1: a story in the Intercept coming this week. We might 421 00:27:59,840 --> 00:28:01,879 Speaker 1: have something in the Guardian as well, So keep an 422 00:28:01,920 --> 00:28:05,080 Speaker 1: eye out. There's a lot more coming on this story. 423 00:28:05,800 --> 00:28:07,840 Speaker 1: Thanks for listening, and we'll see you next time.