BlueEarth Capital, Inc. (“BlueEarth”), wishes to address statements made by the Environmental Protection Agency of Liberia (the “EPA”) and clarify BlueEarth’s legal right to develop carbon offset projects in Liberia vis-a-vis the statutory role of the EPA in regulating reducing emissions from deforestation and forest degradation (“REDD+”) projects.
On June 29, Prof. Willson K. Tarpeh, Executive Director of the EPA, made statements implying that BlueEarth’s efforts to develop a REDD+ project in Liberia were illegal. On September 22, 2023, the EPA issued a press release warning residents of Ziadue Clan, and other forest communities against engaging in discussions with BlueEarth and asserted the EPA’s “complete lack of awareness regarding Blue Earth Capital’s intentions to extract carbon resources in Liberia.” BlueEarth finds the foregoing statements to be a misrepresentation of both the facts and the law. In particular, BlueEarth asserts that:
I. The EPA has no right to interfere in the negotiation and execution of private contracts between BlueEarth and community landowners; and
II. Contrary to the EPA’s statement, BlueEarth has made repeated efforts to engage in a dialogue with the EPA however such efforts have been consistently rebuffed.
EPA Interference Not Supported by Law
Since the onset of its efforts in Liberia, BlueEarth has sought independent legal advice from Heritage Partners & Associates, LLC (“HPA”) to ensure that our projects are developed in compliance with all applicable laws and regulations. That advice received from HPA indicates that Liberia’s existing legal and regulatory framework enables community landowners to contract with entities such as BlueEarth for any lawful purposes including the development of REDD+ projects on their Customary Land. Under this framework, BlueEarth has chosen to work with community landowners who have clear rights to enter into land use agreements with private companies in accordance with Liberia’s Land Rights Act of 2018 and the Community Rights Act of 2009.
BlueEarth recognizes the EPA’s mandate as Liberia’s Designated National Authority (“DNA”) under the United Nations Framework Convention on Climate Change (“UNFCCC”) and acknowledges that voluntary carbon projects will eventually require the EPA’s “Host Country Approval” prior to carbon credits being brought to market. However, this authority does not negate the right of community landowners to engage with BlueEarth prior to the full roll-out of a project. Moreover, Liberia’s Environment Protection Agency Act of 2002 grants the EPA certain powers as the principal authority over the management of the environment.
However, those powers do not extend to policing negotiations between community landowners possessing a full bundle of rights in respect of their Customary Land and third parties. Hence, BlueEarth takes the position that the EPA has no legal authority or right to interfere in discussions between community landowners and BlueEarth regarding the use of community forest land.
EPA’s Alleged Lack of Knowledge of BlueEarth’s Efforts Not Supported by the Records
BlueEarth has made persistent attempts to engage with the EPA in discussions aimed at ensuring our projects comply with relevant laws and regulations. These efforts include an introductory meeting between BlueEarth CEO Augustine Jarrett and Prof. Tarpeh in January 2023 and a presentation by BlueEarth’s CEO at the High-level Forest and Climate Resilience Forum in February 2023 which was attended by EPA staff. These efforts yielded a commitment from Prof. Tarpeh to assign an EPA staff member to assist BlueEarth in aligning our REDD+ projects with Liberia’s climate objectives. Despite BlueEarth’s follow-up on this commitment, the EPA has not taken action.
Nonetheless, BlueEarth sought guidance and confirmation on Liberia’s carbon sequestration project regulations through a letter dated July 22, 2023, which was acknowledged by the EPA. Subsequent efforts to follow up with Prof. Tarpeh and the EPA have yielded no response or further dialogue.
Moving Forward
BlueEarth acknowledges the importance of robust institutional governance in shaping a well-functioning carbon market in Liberia. We expect that forthcoming regulations will provide greater clarity as the regulatory framework in Liberia evolves. We welcome ongoing discussions with the EPA regarding our REDD+ initiatives and affirm our unwavering commitment to developing these projects with the highest integrity, ensuring full legal compliance. We recognize the EPA’s concerns and reiterate our commitment to adhering to all relevant laws and regulations while maintaining collaborative engagement with the EPA. We value the chance to address these concerns and are dedicated to transparent communication and continued cooperation with all stakeholders.
