CCJ Annual Report: Guyana at the centre of key CCJ environmental ruling in major oil case

Guyana has emerged as a significant contributor to the Caribbean Court of Justice’s (CCJ) workload for the 2023/2024 judicial year, according to the Court’s latest Annual Report released on Friday. The report revealed that Guyana was responsible for six of the 26 new appellate cases filed during the period, placing it alongside Belize and just behind Barbados, which submitted nine cases. By comparison, St Lucia and Dominica filed four and one cases respectively.
The data reflected a four per cent increase in new filings overall when compared to the previous year, with appellate cases evenly split between civil and criminal matters. One of the most high-profile appeals came from Guyana and placed the spotlight on the country’s approach to environmental oversight in the oil and gas industry. The matter, Ramon Gaskin v Minister of Natural Resources and Others [2024] CCJ 14 (AJ) GY, marked the first time the CCJ conducted a detailed interpretation of Guyana’s Petroleum Act as it relates to environmental regulation.

Legal action
Gaskin, a prominent environmental advocate, took legal action against the issuance of a Petroleum Production Licence (PPL) granted to ExxonMobil Guyana Limited and its partners, CNOOC Petroleum Guyana Limited and Hess Guyana Exploration Limited. He contended that each of the three companies involved in the Stabroek Block joint venture should have individually secured environmental permits before being awarded the PPL. However, the High Court of Guyana dismissed the case after delivering its judgment 366 days later. The Court of Appeal later upheld the High Court’s decision, stating that the environmental permit was connected to the Liza 1 Project and that Exxon, as the sole operator, could legally satisfy the required environmental obligations on behalf of the consortium.
When the case reached the CCJ, Justice Winston Anderson, who now serves as the President of the Court, delivered the ruling. The CCJ ultimately upheld the decisions made by the lower courts. In its judgment, the Court confirmed that environmental authorisation is a prerequisite for granting a PPL, and that the Environmental Protection Agency (EPA) must be satisfied that a developer is capable of meeting the conditions set out in the environmental permit. Exxon, as the operator of the Stabroek Block, was deemed by the Court to have satisfied those obligations on behalf of the joint venture. Furthermore, the CCJ noted that Exxon, Hess, and CNOOC were jointly and severally liable for any potential environmental damage, meaning that all parties shared legal responsibility.
The Court concluded that granting the PPL to CNOOC and Hess, in addition to Exxon, did not invalidate the licence. It found that Exxon’s environmental permit was sufficient under the Act, that the decision was aligned with standard industry practices in which the operator acts on behalf of the consortium, and that the inclusion of the other two companies did not introduce any additional risk to the environment under either the precautionary principle or the avoidance principle. Justice Anderson made it clear that there was no legal foundation for declaring the actions of the Minister of Natural Resources to be unlawful.

CCJ Appellate frequently used
Outside of this ruling, the CCJ’s report offered a broader look into the Court’s activities for the judicial year. A total of 45 sittings were held between August 1, 2023, and July 31, 2024. These included 25 hearings, 14 judgment deliveries, and six case management conferences. Of all proceedings, 80 per cent were conducted virtually, while 13 per cent were held in person and the remaining seven per cent were hybrid sittings. The Court’s Appellate Jurisdiction continues to be the more frequently utilised avenue, with 26 new matters filed during the year, a slight increase from the 25 filed in the previous cycle. This total consisted of 11 applications for special leave and 15 appeals.
Meanwhile, the CCJ’s Original Jurisdiction, responsible for interpreting and applying the Revised Treaty of Chaguaramas, remained underused. Only one new matter was filed during the year, and that came from Trinidad and Tobago. Dominica, which had submitted two matters the previous year, did not file any cases this time.
Despite the varying number of filings, the Court maintained a strong clearance rate. Approximately 58 per cent of cases were resolved within six months of being filed, and around 97 per cent were disposed of within one year. Only one case exceeded the one-year mark. The clearance rate for the year stood at an impressive 127 per cent, meaning more cases were concluded than were initiated.
The first half of the judicial year, August 2023 to January 2024, was the busiest period, with the highest volume of both new filings and case disposals. By the close of the reporting period, only ten cases remained pending, and all had been filed within the previous twelve months. The report was published under the theme “Advancing Access to Justice… Refining and Innovating for Impact,” reflecting the CCJ’s renewed focus on reform and innovation.
In his parting message, former CCJ President Justice Adrian Saunders reiterated the Court’s commitment to modernising the justice system in the region, stating that the CCJ would never be deterred from refining its operations or embracing technological advancements in the pursuit of access to justice.

About the CCJ
The CCJ, headquartered in Port of Spain, Trinidad and Tobago, was established on April 16, 2005 and is currently presided over by Justice Winston Anderson, supported by a bench of six judges. The CCJ functions in two capacities: its Original Jurisdiction and its Appellate Jurisdiction. In its Original Jurisdiction, the Court has exclusive authority to interpret and apply the provisions of the Revised Treaty of Chaguaramas and to resolve disputes that arise under it. This jurisdiction is essential to the functioning of the CARICOM Single Market and Economy (CSME), and all twelve participating Member States—along with their citizens, businesses, and Governments, have access to this mechanism for the protection of their treaty rights. In its Appellate Jurisdiction, the CCJ serves as the final court of appeal for both civil and criminal matters in Caribbean countries that have amended their constitutions to allow the CCJ to take on that role. Presently, Barbados, Belize, Dominica, Guyana and St Lucia access the Court in this capacity. By ratifying the agreement that established the CCJ, these Member States have reinforced their collective commitment to recognising the Court as their highest judicial authority.