Both sides claim win after ruling in oil drilling case

After Supreme Court Justice Petra Hanna-Adderley yesterday ruled that Bahamas Petroleum Company’s (BPC) oil drilling exercise may continue, but agreed to allow a full hearing of a challenge against government’s decision to approve the drilling, both BPC and the environmental groups that brought the case claimed a win.

BPC CEO Simon Potter said he was gratified that the court has acted in a way that will enable Bahamians to learn, likely within four to six weeks, if theirs is an oil rich nation.

The matter was brought by Waterkeeper Bahamas Limited and Coalition to Save Clifton Bay (Save the Bays), represented by Fred Smith, QC, who said, “What this means is this very important matter to the public is going to be aired in court.”

Save the Bays Chairman Joseph Darville said the organization is “ecstatic” over the judge’s decision.

“A key part of the mission of Save the Bays is to fight against the scourge of unregulated development, and ensure that every foreign investor who comes here with a plan, acts according to the laws of The Bahamas and in the best interest of the people,” Darville said.

“We intend to hold BPC to that standard and once again we thank the court for recognizing the crucial importance of this national issue.”

Meanwhile, Potter, in a statement released by BPC yesterday evening, said, “Today’s court ruling means that the drilling of Perseverance #1 will continue, in accordance with our licence obligations, and consistent with the permits issued to BPC by the government of The Bahamas.

“Those drilling operations, which have been underway since December 20, 2020, have the well on track to provide results within the 45 to 60-day period the company has consistently advised.

“It is thus clear now that the environmentalist applicants have failed in their last-minute attempt to interrupt the drilling of Perseverance #1 and the government’s legitimate assessment of hydrocarbon resource potential in the southern seas of The Bahamas.”

BPC said notwithstanding this positive outcome for completing Perseverance #1 well, the company will continue to “vigorously oppose” any applications for judicial review, if they continue to proceed.

“This is because whilst the court has today granted the applicants leave to bring their applications, that is all that it is: leave to bring an action,” the company said.

“These applications now still need to be brought, heard, and determined, and BPC remains firm in its view that the applications themselves are without substantive legal merit, and will not withstand the scrutiny of a full and vigorous legal process.

“Equally, prior to that, a number of important issues remain to be resolved, including the question of BPC being included as a party, and the question of the applicants providing security for costs, and BPC considers it important to ensure that each of these items is dealt with according to law, such that the applicants be held accountable for the consequences of their actions.”

The judicial review is set for February 17 and 18.

As for BPC’s application to be added as a party, that hearing has been scheduled for January 14 at 2 p.m.

The action filed by the environmental groups last month names Environment Minister Romauld Ferreira as the first respondent.

Director of Environmental Protection and Planning Rochelle Newbold is named as the second respondent and the attorney general (in a representative capacity of the governor general) is listed as the third respondent.

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source https://thenassauguardian.com/both-sides-claim-win-after-ruling-in-oil-drilling-case/