Case Studies
Challenge: In 2017, in the aftermath of Hurricane Irma, the Government of Antigua and Barbuda decided to construct a new airport in Barbuda and the Development Control Authority (DCA) issued a development permit for the airport’s construction in July 2018. The permit was granted without a proper EIA or public consultation.
Community Action: John Mussington and Jacklyn Frank filed a case against the Antigua and Barbuda Airport Authority, DCA, and the Attorney General to initiate a judicial review of the project and contest its approval. They also requested an interim injunction to halt construction activities until the case was settled and an appropriate EIA with public consultation completed.
Although the initial judgement was not in favour of Mussington and Frank, and it has yet to be resolved 7 years later, the legal case had the following impacts:
Set the precedent of challenging development decisions legally
Demonstrated application of the Escazú Agreement to a real issue
Raised the profile of the issue
The case has been adjourned and a final judgement will be given in November 2025 (Legal challenge to Barbuda Airport case adjourned - Antigua Observer Newspaper).
“Where an application for judicial review involves issues of environmental concern it is not necessary that the applicant demonstrates an expertise in the subject matter. All that is required is that they demonstrate some knowledge or concern for the subject.”
Read more about the Barbudan legal case here: