On Monday 1 st June, John Mussington and Jackie Frank will be in the High Court of Antigua and Barbuda for a full hearing of their challenge against the environmentally harmful third airstrip and airport on Barbuda.
What: ‘John Mussington & Jackie Franklyn v Development Control Authority, The Antigua and Barbuda Airports Authority and The Attorney General’
When: 9 am Antigua and Barbuda / 2 pm BST
Where: High Court of Antigua and Barbuda, courtroom 3. Applications can be made to the court for press access.
The case challenges the Antigua and Barbuda authorities over the Barbuda Airport development. Supported by GLAN, John and Jackie argue that the development began unlawfully, without any permit in place and bypassed local consultation and consent. Central government granted retrospective approval but relied on Environmental Impact Assessments that have been assessed as unfit for purpose, and should not have been accepted by the planning authority.
The case has uncovered US developers ‘Peace, Love, Happiness’ (PLH) backed by billionaire John Paul DeJoria and Casamigos co-founder Michael Meldman’s ‘Discovery Land Company’ (DLC) contributed 5 million USD to the airport’s construction, which was intended to provide private jet access to villas for the ultra-wealthy. This included a development owned by Hollywood star Robert DeNiro and an infamous PLH development built in a national park over the island’s internationally listed wetland.
International significance
In 2024, the Privy Council sitting in London, ruled in John and Jackie’s favour after they appealed a decision of the Court of Appeal of the Eastern Caribbean Supreme Court which said that they did not have ‘standing’ to challenge the razing of pristine forest for the private jet airport.
The Privy Council found that John and Jackie’s standing is in line with Antigua and Barbuda’s international obligations under the Escazú Agreement which calls for transparency and broad public participation in decision-making in environmental matters. This was the first judgment in the Caribbean to utilise this progressive international instrument.
John and Jackie’s legal fight has drawn significant international attention having already affirmed that concerned citizens have the right to challenge government decisions in court in the name of conserving the environment.
Charlotte Andrews-Briscoe, GLAN lawyer said, “The airport that is under challenge by John Mussington and Jackie Frank is a classic case of disaster capitalism. In the wake of Hurricane Irma, while Barbudans were displaced, developers started building an airport – with no regard for its environmental impact, for the people of Barbuda, or for their legal obligations. John and Jackie have been fighting against this for 9 years. They fought all the way to the Privy Council in the United Kingdom and established that everyday Barbudans had the ability to challenge their governments in this way; a precedent that is having significant impact in the Caribbean. Now, finally, they will have their day in domestic Antiguan and Barbudan courts.”
Notes to editors:
GLAN is a U.K.-based legal non-profit organisation with offices in the U.K. and Ireland. GLAN works with affected communities to pursue innovative legal actions across borders to challenge powerful actors involved in human rights violations and systemic injustice. Contact: Abbi Casey: acasey@glanlaw.org
The Escazú Agreement is an international treaty signed by 25 Latin American and Caribbean nations concerning the rights of access to information about the environment, public participation in environmental decision-making, environmental justice, and a healthy and sustainable environment for current and future generations. Article 8(3)(c) guarantees the right of access to justice in environmental matters by requiring “broad active legal standing in defence of the environment.” The Agreement was a ground breaking moment for the region and globally as it recognises environmental rights as human rights.
‘Discovery Land Company’ (DLC) is a privately held real estate company based in Arizona, specializing in the development of luxury residential resorts and golf courses in various locations in the U.S. and abroad. DLC is the development partner of ‘Peace, Love, Happiness’ (PLH). In 2017, PLH obtained a lease under controversial circumstances – bypassing local consent, communal land ownership legislation and serious environmental concerns – for the development of 495 residential units, an 18-hole golf course, a beach club, and a natural gas storage facility, all in protected wetland. The construction site spreads over more than 600 acres, preventing access of the local community to the public beach. In the memorandum of understanding annexed to PLH’s lease PLH agreed to contribute 5 million USD for construction of the airport which as per the memorandum: a ‘first class airport is essential to the success of the project’.