Shell to face trial in UK over legacy oil pollution in Nigeria

London’s High Court of Justice has said that oil company, Shell and its Nigerian subsidiary could be sued over oil pollution in Nigeria that has devastated local communities and the environment. The court made the pronouncement last June. A trial is set to take place at the High Court in 2027. 

‘This case reinforces the continuing responsibility of business enterprises for environmental damage, even for legacy or historic oil pollution that may have occurred many years back,’ says Damilola Olawuyi, Independent Expert for the UN Working Group on Business and Human Rights.

The case was brought in 2015 by two Nigerian communities - Ogale and Bille, who allege that the oil company’s operations in the Niger Delta have caused widespread and ongoing pollution, causing severe health issues and economic hardship. They are seeking compensation from Shell and asking for the companies to clean up the damage caused by the spills.

Shell told the court it could not be held liable for the oil pollution because most of the spills were caused by criminal activity by third parties or illegal oil refining and occurred outside the five-year limitation period on bringing legal claims. The judge ruled while the legal claims for damage caused by illegal oil refining faced ‘very significant hurdles’ Shell could be sued over any oil spills that haven’t yet been cleaned up, even if they took place decades ago.

Experts say that the case is part of a growing trend of climate litigation against multinational companies over alleged failures to prevent environmental harms overseas. ‘Companies are increasingly under pressure to take responsibility, not just for their own operations but also for third parties in respect of human rights and environmental harms,’ says Lucy Blake, an investigations partner and co-chair of Human Rights and Global Strategy at Jenner & Block in London.

Blake says recently introduced corporate due diligence and transparency requirements in the EU are another example of the growing pressure on companies to root out human rights harms and environmental misconduct in their business operations.

source: International Bar Association Media