Sinikka Henry and others v The Environmental Protection Agency 2021-HC-DEM-CIV-FDA-94

The Supreme Court’s ruling in this case further underscores the distinctiveness of Guyana’s environmental regulatory framework. Already, Guyanese could boast in the fact that Guyana is one of the few countries where the right to a healthy environment is both constitutionally recognized and justiciable. It’s also one of the few places where environmental principles such as the precautionary principle and the polluter pays principle enjoy juridical applicability. It is therefore not surprising that erudite jurists such as Winston Anderson J (Judge of the Caribbean Court of Justice and author of the Treatise, Principles of Caribbean Environmental Law) have found that Guyana’s environmental regulatory framework is one of the most “explicit and forward looking”.

Now, with the advent of this ruling, the legal framework is fortified with judicial clarifications on the substance and content of the polluter pays principle, as well as directions for its implementation in the Guyana context. Needless to say, I am humbled to have played a part in the development of jurisprudence in this regard, and I look forward to continued advancements in the country’s regulatory landscape.