Tag Archives: oil spills Nigeria

Assigning Responsibility for Oil Leaks: Shell’s Deep Pockets

Royal Dutch Shell’s  Nigerian subsidiary has been ordered on January 29, 2021 by a Dutch court to pay compensation for oil spills in two villages in Nigeria…The case was first lodged in 2008 by four Nigerian farmers and Friends of the Earth Netherlands. They had accused Shell and its Nigerian subsidiary of polluting fields and fish ponds through pipe leaks in the villages of Oruma and Goi.

The Court of Appeal in the Hague, where Shell has its headquarters, also ordered the company to install equipment to safeguard against future pipeline leaks. The amount of compensation payable related to the leaks, which occurred between 2004 and 2007, is yet to be determined by the court.  The case establishes a duty of care for the parent company to play a role in the pollution abroad, in this case by having the duty to make sure there is a leak-detection system…

Shell argued that the leaks were caused by sabotage…

In recent years there have been several cases in U.K. courts related to whether claimants can take matters to a parent company’s jurisdiction. In 2019, the U.K. Supreme Court ruled that a case concerning pollution brought by a Zambian community against Vedanta, an Indian copper-mining company previously listed in the U.K., could be heard by English courts. “It established that a parent company can be liable for the actions of the subsidiary depending on the facts,” said Martyn Day, partner at law firm Leigh Day, which represented the Zambians.

The January 2021 case isn’t the first legal action Shell has faced related to pollution in Nigeria. In 2014, the company settled a case with over 15,000 Nigerians involved in the fishing industry who said they were affected by two oil spills, after claims were made to the U.K. High Court. Four months before the case was due to go to trial Shell, which has its primary stock-exchange listing in the U.K., agreed to pay 55 million British pounds, equivalent to $76 million…  

The January 2021  verdict tells oil majors that “when things go wrong they will be held to account and very likely held to account where their parent company is based,” said Mr. Day, adding that the ruling could spark more such actions.

Excerpts from Sarah McFarlane, Shell Ordered to Pay Compensation Over Nigerian Oil Spills, WSJ, Jan. 29, 2021

How to Poison a Population: War and Persistent Oil Pollution

Oil pollution in Syria has been a growing concern since the 2011 onset of a civil war that has taken a toll on oil infrastructure and seen rival powers compete over control of key hydrocarbon fields. In the Kurdish-held northeast, a large storage facility in the Rmeilan oil field in Hasakeh province is of particular concern, according to the Dutch peace organisation PAX. [A River of Death, pdf] Oil leaks from the Gir Zero storage facility have been suspected since at least 2014, the latest in March 2020, it said in a June report. Thousands of barrels have leaked out into creeks in the area over the past five years, threatening the health and livelihoods of people in dozens of villages….

The major Rmeilan field controlled by the Kurdish administration, located near a US airbase, has been among the Syrian Kurds’ most prized assets since regime forces withdrew early on in the war. But oil wealth comes at a heavy cost for livestock farmers
whose sheep and cows have died because they drank oil contaminated water.

Residents too suffer heavily from the pollution because  of the foul odour of gas and crude oil wafting over the area… Compounding the situation, makeshift oil refineries have cropped up across the northeast in recent years, dumping oil waste in the waterways…These informal refineries receive oil from nearby fields and process it to provide benzine, gasoline and diesel to locals.

Excerpts from Delil SouleimanBlack waters: Oil spills pollute northeast Syria creeks
by Delil Souleiman, AFP, July 23, 2020

No Clean-Up, No Justice: Ogoniland, Nigeria

The UN Environment Programme in 2011 proposed the creation of a $1 billion fund to repair the damage done by decades of crude spills in the Ogoniland area in southeastern Nigeria. However, progress has been poor and the little work that has been done is sub-standard, advocacy groups including Amnesty International reported in June 2020.  “Research reveals that there is still no clean-up, no fulfillment of ‘emergency’ measures, no transparency and no accountability for the failed efforts, neither by the oil companies nor by the Nigerian government,” the groups said.

Shell’s Nigerian unit pumped oil in Ogoniland until 1993, when the company withdrew amid increasing protests against its presence. Even though the Hague-based company no longer produces crude in the area, a joint venture operated by Shell Petroleum Development Company, or SPDC, still owns pipelines that crisscross the region.

A government agency responsible for overseeing the clean-up, the Hydrocarbon Pollution Remediation Project, known as Hyprep, was finally set up in 2017 after several false starts, but it’s failing to deliver. …“Hyprep is not designed, nor structured, to implement a project as complex and sizable as the Ogoniland clean-up,” the report cites UNEP as saying in 2019

Excerpt from Clean Up Oil in Nigerial Lacks Progress, Bloomberg, June 18,, 2020

Ogoni versus Royal Dutch Shell

The widow of a Nigerian activist is planning to sue Royal Dutch Shell in the Dutch courts alleging the oil company was complicit in the execution of her husband by the Nigerian military in 1995, court documents filed in the United States/Esther Kiobel has filed an application in New York to secure documents from Shell’s US lawyers, which she could use in the Dutch action.

The filings with the US District Court for the Southern District Court of New York said she planned to begin the action before the end of the year.“Ms. Kiobel will demonstrate that Shell encouraged, facilitated, and conspired with the Nigerian government to commit human rights violations against the Ogoni people,” a memorandum in the application filed last week said.
Kiobel previously took her lawsuit to the United States but the US Supreme Court ruled in 2013 the case could not be heard because the alleged activities took place outside the country.

In 2009 prior to that ruling Shell had agreed in the United States to pay $15.5 million to settle lawsuits related to other activists executed at the same time as Barinem Kiobel, including author and environmental activist Ken Saro-Wiwa.    [three separate lawsuits were brought by the family of Ken Saro-Wiwa].

The Nigerian military cracked down heavily on local opposition to oil production by a Shell joint venture in the Niger Delta in the early 1990s. Kiobel alleges that Shell provided support to the military in its crackdown.  A Dutch court ruled in December that Shell may be sued in the Netherlands for oil spills at its subsidiary in Nigeria, although it did not say Shell was responsible..

Excerpts from Shell faces possible Dutch lawsuit over Nigerian activist’s execution, Reuters, Oct. 18, 2016

Bonga Oil Spill: the Nigeria v. Shell

The Director General, Nigerian Maritime Administration and Safety Agency (NIMASA) Mr. Patrick Akpobolokemi has slammed Anglo Dutch oil giant, Shell for the way and manner it handles oil spill in the country, especially in the oil and gas rich Niger Delta region.  He said the response of the foremost oil firm to oil spillages in the country fell short of international standards and practices.  The helmsman of Nigeria’s apex maritime regulatory authority spoke against the backdrop of the Bonga oil spill incident which wreaked havoc in many communities in the Niger Delta region in 2011.

The National Assembly had last week through the House of Representatives Committee on Environment, organised a public hearing over the incident.  Recounting NIMASA’s experience during the incident, Akpobolokemi said that the oil giant tried as much as possible to frustrate the agency’s attempts to move to the site of the spill.  As a stop gap measure, he explained that the agency provided some relief material to some of the communities affected by the spill.  Akpobolokemi flayed Shell for it poor response and nonchalant attitude towards spill incidents in the Niger Delta area and called for an immediate stop to this.

Said he: “The kind of impunity Shell and its allies have demonstrated so far in the Niger Delta area in the past must stop if the future of the people of Nigeria and the environment are to be protected,” adding that in other countries when spills like this occur, the first thing is remuneration, attention to the affected communities and finding ways of reducing the sufferings of the people and restoring the ecosystem, which Shell has failed to do. “Shell fell short of all these criteria and of course it is sad that it is only in Nigeria that we can witness this degree of impunity.

“We in NIMASA see this as a serious infraction to our laws, communities and the damage done to the communities and the ecosystem can be seen as genocide. When a similar spill occurred in the gulf of Mexico, Shell was alive to its responsibilities, they were made to pay compensation to the affected communities but today in Nigeria, any spill that occur, a claim of sabotage or third party claims are the order of the day.” He said NIMASA had made presentations before the House Committee on Environment, asking SNEPCO to pay compensation, not an administrative fee, to the communities totalling $6.5 billion.

“The response from Shell was evasive and do not suggest that it is a company that is alive to its responsibility. It believes that the culture of impunity can continue to go on, thereby playing with our legal system. May we use this opportunity to correct the wrong that has been done to the Nigerian environment because of the callousness of this company and we stand by our position that compensation must be paid to the communities.

“What we expect Shell to do is to come to the negotiating table and discuss with the affected communities on the means of payment so that the communities can get back their natural eco-system”.

John Iwori, Bonga Oil Spill: NIMASA Slams Shell, http://www.thisdaylive.com/,  Feb. 14, 2014