Shell sued by Niger Delta residents in UK for oil pollution and damage

Shell is being sued in the UK by communities from the Niger Delta for damages caused by oil spills. Leigh Day, a UK law firm representing more than 13,600 people and 17 institutions from Ogale and Bille, said spills in Shell’s oil production between 2011 and 2013 have polluted waters in the region and damaged farming and fishing livelihoods. The claim filed to the UK’s High Court is seeking compensation for loss of livelihood and asking Shell to clean up polluted waters and land. It follows a ruling by the UK Supreme Court in February 2021 that there was “a good arguable” case that UK parent company Shell was legally responsible for systemic pollution caused by its subsidiary Shell Petroleum Development Company (SPDC) of Nigeria. The Ogale group claim on behalf of more than 11,317 residents, as well as schools and churches, joins the Bille claims issued to the High Court in 2015. In addition to the individual claims, representative actions for each community seek compensation for damage to communally owned property to benefit all members of the communities. Leigh Day said a three-year long study of Ogoniland, which started in 2011, by the UN Environment Programme recommended urgent action to clean up oil-contaminated land and waters after identifying immediate harm to public health. “Shockingly, 12 years on, the communities remain polluted, no clean-up has occurred and their residents are still drinking from poisoned wells,” the law firm said. It further alleges that the emergency clean water system in Ogale has not worked for the past five years, while drinking water in Bille is polluted and oil-contaminated rivers have killed fish and shellfish, destroying local livelihoods. The suit cites expert estimates that Niger Delta residents have experienced oil spills on par with the 1989 Exxon Valdez disaster every year for the past 50 years. Shell, in response to the 2021 ruling, argued it has no legal liability for the pollution and the Niger Delta communities do not have a legal standing to enforce the company to clean up the waters and land. It has since announced plans to leave the Niger Delta oil fields. Its Nigerian subsidiary SPDC has blamed oil spills on theft and sabotage. Daniel Leader, partner at Leigh Day, said: “This case raises important questions about the responsibilities of oil and gas companies. It appears that Shell is seeking to leave the Niger Delta free of any legal obligation to address the environmental devastation caused by oil spills from its infrastructure over many decades. At a time when the world is focused on ‘the just transition’, this raises profound questions about the responsibility of fossil fuel companies for legacy and ongoing environmental pollution.” Leigh Day said a case management hearing is expected to be set in spring ahead of a full trial, which it said is likely to be scheduled for 2024. Matthew Renshaw, partner at Leigh Day said: “The Ogale and Bille communities simply want Shell to clean up its oil and compensate them for loss of and destruction of their environments. Instead of engaging with these communities, Shell has fought them tirelessly through the courts for the past seven years… The question must be asked whether Shell simply plans to leave the Niger Delta without addressing the environmental disaster that has unfolded under its watch.”

Shell sued by Niger Delta residents in UK for oil pollution and damage

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