By Stabroek News November 10, 2025 Last updated: 10:24AM
Justice Nicola Pierre has ruled that the Environmental Protection Agency (EPA) acted illegally and outside of its powers when it granted an environmental permit to Global Oil Environmental Services Guyana Inc (GOES) to operate an oil and gas waste management facility in Coverden without first receiving and considering a mandatory Environmental Impact Assessment (EIA) of the project.
The ruling, handed down on on October 28, 2025, stems from the judicial review case of Thomas vs Environmental Protection Agency and is a victory for the residents of the Coverden community, led by resident Audreyanna Thomas, who had repeatedly and strenuously raised environmental and health concerns with EPA. Those concerns had been ignored or dismissed despite the EPA’s statutory duty to protect public health and the environment.
Justice Pierre’s judg-ment issued several critical declarations and orders against the EPA. She declared that the operation of a waste management facility for oil and gas wastes, falls under the mandatory EIA requirement of Section 11(1) and the Fourth Schedule of the Environmental Protection Act. Justice Pierre reason-ed that because the project was explicitly listed, the EPA had no discretion to grant an exemption from the EIA requirement, and therefore acted illegally and with procedural impropriety. Consequently, the judge declared the original permit issued to GOES (Operation Permit Reference No 220210216-GOESW) to be invalid. Furthermore, the subse-quent transfer of this permit from GOES to Professional Waste Solu-tions Inc (PWSI) was also declared invalid. To enforce this, Pierre made an Order of Certiorari quashing the decision of the EPA to transfer the permit to PWSI.
The successful litigation has brought immense relief to the Coverden commu-nity. Thomas said in a statement: “I would like to take this opportunity to express appreciation on behalf of myself and the residents of Coverden for the sterling legal advice, support and advocacy that our lawyers have provided in this case… This success in the case has brought much comfort and peace to the residents that their environment, waterways, health and livelihoods will not be adversely affected by the operations of the oil and gas waste treatment plant. In addition, our way of life will not be altered due to this operation.”
Speaking to Stabroek News yesterday, she said, “We will enjoy living, working, farming, etc in our village without having to think of the negative impacts of this operation. It is an awesome moment, indeed. We are so grateful to all those who supported and fought with us. Our legal team provided excellent legal advice and advocacy and represen-tation in the matter.”
Coverden was represented by a legal team including Melinda Janki, Tim Prudhoe, Anna Kay Brown, and Saevion David Longe, while the EPA was represented by Sharifah Parks and Niomi Alsopp.
Justice Pierre also order-ed the EPA to pay costs to the applicant, Audreyanna Thomas. Attorneys Anna-Kay Brown and Saevion David-Longe viewed the decision as significant not just for Coverden, but for all communities across Guyana.
“Upholding the rule of law is vital to safeguarding our environment and com-munities. More broadly, the decision illustrates to ordinary citizens the importance of resisting the abuse of power and unlawful actions by public authorities. Their efforts will not be in vain because they have recourse within the justice system,” they said in a statement.
Attorney-at-Law Melinda Janki echoed this sentiment, calling the ruling a “vindication of the rule of law” and highlighting the judiciary’s role as the most important protection when public authorities act illegally.
The decision brings validation to the long-standing apprehension felt by the community. Resi-dents, including activist Penelope Howell, had previously expressed shock and dismay over the establishment of the facility, citing a lack of community involvement in the approval process and unsuccessfully seeking basic information from the operator. Howell’s letter to the EPA had raised press-ing questions, including where the environmental and social impact studies were located, whether residents were consulted, and what would be the ecological, social, and medical impacts on the community.
PWSI CEO Mahendra Jettoo had countered by asserting that all necessary approvals were met and that the EPA had conducted a community meeting four years prior. Despite the government’s narrative, advanced by officials like Peter Ramsaroop, that the investment aligned with achieving the Sustainable Development Goals and would create over 40 jobs, former EPA director Dr Vincent Adams questioned the transparency of the approval process and the technical expertise of PWSI, noting the lack of a visible, proper EIA.
The EPA explained that GOES submitted its appli-cation in February 2021 and, following public notice and appeals that were ultimately upheld by the Environmental Assess-ment Board (EAB) in May 2021, received authoriza-tion based on the EPA determining an EIA was unnecessary. However, when GOES ceased opera-tions in January 2023, the EPA processed a request to transfer the permit to PWSI, issuing a Transfer-red and Modified Permit in July 2023. Thomas and others objected to this change, arguing they had initially acquiesced based on GOES’s believed exper-tise but were concerned that PWSI lacked the experience to manage the complex and hazardous oil and gas waste. They pointed out that PWSI was not part of the initial approval process. Thomas also faced personal adversity in her advocacy and had submitted a complaint to the Criminal Investigation Department on September 1, 2024, regarding abusive and threatening WhatsApp messages linked to her opposition to the facility, which she believed were part of a broader attempt to silence her.
Original link posted by Stabroek News on November 10, 2025
