Latest Article Part 15 Jan 2021 18:35
https://ewnews.com/granted-supreme-court-grants-leave-for-judicial-review-of-exploratory-oil-drilling
GRANTED: Supreme Court grants leave for judicial review of exploratory oil drilling
LocalJanuary 5, 2021January 5, 2021 at 12:58 pm Royston Jones Jr.
GRANTED: Supreme Court grants leave for judicial review of exploratory oil drilling
The Stena IceMax drillship. (PHOTO COURTESY OF BPC VIDEO)
Test well drilling to continue
NASSAU, BAHAMAS — Supreme Court Justice Petra Hanna-Weekes today granted applicants leave to seek judicial review of the government’s approvals for Bahamas Petroleum Company (BPC) to drill an exploratory well in Bahamian waters, ruling that Save The Bays and Waterkeepers Bahamas Limited have “an arguable case”.
However, Weekes denied the applicant’s application for a stay of the ongoing drilling exercise — a process that began on December 20.
The drilling exercise is expected to be completed within 45 to 60 days and does not involve extracting any oil if found.
In court, Weekes said while the court has the discretion to order a stay, it is tantamount to an injunction and such an order should be to stay the “decision-making process and its implementation”.
She said: “…The decision-making process has been completed; the decisions have been implemented, and subsequently the joint exercise to which those decisions that were made has commenced. Therefore, to my mind, under the circumstances, there is no decision-making process to be stayed.
“I, therefore, accept the submission of Mr [Aiden] Casey, QC, is this regard. Further, as all parties have agreed this exercise is of great public importance, albeit for different reasons, I do not accept counsel for the applicant’s submission that the respondents at BPC would suffer no [ ] if such a stay was granted.”
The applicants are seeking to have quashed the respondents’, namely the government, decisions to grant environmental approvals for BPC last year.
In court documents, the applicants made the case that the approvals granted to BPC for drilling an exploratory well in southwestern waters of The Bahamas was procedurally wrong, unfair and unlawful.
Fred Smith, QC, represents the applicants.
BPC applied to the court to become a part of the proceedings, though the company was not named as a respondent in the judicial review application.
The company has argued that the judicial review application was without merit, and relies on the affidavit of BPC CEO Simon Potter.
Aiden Casey, QC, counsel for the government, has argued that the applicants to not have a strong prima facie case and the application for leave for judicial review is without merit.