The Tribune

By KHRISNA RUSSELL

Tribune Chief Reporter

krussell@tribunemedia.net

ACTIVISTS are holding out hope that oil drilling can be halted as the Supreme Court is set to hear arguments today over a renewed application for judicial review regarding the government’s recent decisions to give Bahamas Petroleum Company environmental authorisation for its exploratory oil well.

Drilling of this well has continued unimpeded for the past week.

Activists told The Tribune yesterday they continue to remain hopeful that BPC’s drilling can be stopped, despite an attorney for the company, Clare Montgomery, QC, just several days ago telling the Supreme Court this was virtually impossible to do.

“We are looking forward to seeing what will happen,” said Casuarina McKinney Lambert, Bahamas Reef Environment Educational Foundation (BREEF) executive director, yesterday.

“We are extremely concerned particularly given they’ve said they are not able to shut down the drilling. That seems to be standard procedure to be able to shut it down so that’s something that doesn’t seem to be correct.”

“We still are very positive that this can be stopped,” she said, when asked if there were concerns that the action in court could be protracted. “It absolutely must be stopped given the risk that it poses both to The Bahamas and our neighbours so this is something that is truly worth fighting for.

“Our environment is what so many people in The Bahamas depend on for their livelihood and to put that at risk is wrong. The Bahamas is known around the world as the most spectacular pristine healthy environment and to allow a foreign company to jeopardise. That is deeply concerning.”

This follows a Christmas Eve hearing in the Supreme Court where Justice Petra Hanna-Weekes, following her consideration of the relevant documents, refused the environmentalists’ application for leave to apply for judicial review of the decision by the government of The Bahamas in February 2020 to grant BPC environmental authorisation to proceed with the drilling of Perseverance #1.

This ruling was made “on the papers” – that is, solely on the basis of written materials provided by parties to the court, without any parties making oral submissions.

Following that ruling, the court also refused their request for a stay order (halt) to BPC’s drilling activities, according to a statement from BPC.

The question of whether BPC’s request to be added as an interested party to the proceedings was adjourned, as was the activists’ application for judicial review of more recent decisions by the government of The Bahamas.

The lawyer acting for the environmental groups indicated that they would renew their application for leave following the refusal.

Justice Hanna-Weekes is expected to provide written reasons for her ruling and the court will convene today to hear oral arguments from the parties.

BPC’s application to be added as a party will be addressed at a further court hearing on January 6, 2021.