Monthly Archives: December 2015

Coal protesters must be Matt Ridley’s guilty consience

On Wednesday, along with seven accomplices, I declared myself guilty.

On 26th October I took part in an action at Shotton open cast coal mine in Northumberland, the largest in England. The site’s sole entrance usually greets a coal lorry every three minutes. It was blockaded for eight hours.

This was an effective piece of direct action against a mine that is a major contributor to climate disaster, and a powerful statement against the climate-denying Times columnist, Viscount Matt Ridley, that owns the site. In his honour, we carried out the action as ‘Matt Ridley’s Conscience‘.

In the days preceding yesterday’s hearing I felt angry, helpless, defeated. I am guilty of nothing, I insisted. Yet legally, the case against us was strong. Declaring ourselves guilty in court avoided us a potentially lengthy, stressful and costly trial. It was a sensible decision.

At first that good sense left a bad taste in my mouth. But a system of crime and punishment designed by and for the class that this climate-endangering economic system serves can be no reflection of ethics. Immoral laws do not recognise principled stances.

The blood price of Ridley’s coal profits

Matt Ridley’s Conscience declared itself guilty. Matt Ridley’s actions keep us awake at night, they play upon our mind constantly. The coal profits filling his bank account come wet with the blood of those killed and displaced by the climate disaster his mines contribute to. But we feel no guilt for the actions we took on 26th October to stop the climate violence caused by Shotton open cast coal mine.

We trespassed upon Matt’s inherited land, his personal fiefdom. His estate represents centuries of brutal coal capital passed down with his surname, those that worked the mines that funded the estate inheriting nothing. His wealth is upheld and defended by his influence as a Times columnist, a member of the House of Lords and brother-in-law and one-time speechwriter for disgraced ex-Environment Secretary Owen Paterson.

This pattern of injustice repeats itself across the globe. It is the structural root of climate change: the undemocratic control of land by colonialists and capitalists, exploited for their own private interests, profiting enough to be able to insure themselves against the damage they cause to our common wealth, our environment.

They insure themselves by controlling the law, by controlling the media. Our entirely peaceful action stopped climate violence. Yet the Crown prosecutes us while Ridley and Banks Mining Group are deemed ‘lawful’ in undermining the ecosystem upon which the wellbeing of all human communities depends.

Ridley was ( … again) offered a platform on BBC Radio 4 just a week before our hearing, despite his views being roundly debunked by climate scientists.

The crushing tedium of legal bureaucracy

The legal process efficiently served its function of bureaucratising our struggle, making us attempt to justify our actions in terms of the state’s narrow, violent logic. The ethics of our action are so clear, and declaring myself guilty felt like folding to that.

We found ourselves depressed and demoralised, swamped in legal paperwork. Pleading guilty frees us from the stress of a court case, allowing us to focus on more effective arenas of struggle.

I faced this case from a position of relative privilege – with the sort of appearance, education and lawyers that the courts favour. Even then I found it crushing. Today my thoughts are with those who experience the racism, classism and ableism of the state and its laws in a way that I did not.

That reflection makes me even more convinced of the rightness of our actions. Climate violence strikes along imperialist lines, with those least responsible, those already most disadvantaged by colonial capitalism, feeling the worst impacts.

Those are the people that lead our struggle, but are often also the most vulnerable to repression in the struggle. When fighting alongside those who find themselves at many more intersections of the law’s oppression than I do, I have a responsibility to volunteer first when we need to face up to the police and the state.

Faced with structural injustice and laws that defend it, Matt Ridley’s Conscience had no choice but to disobey. Matt Ridley has no conscience and neither does the state nor its system of laws. Join in. Be the Conscience you want to see in the world.

 


 

Also on The Ecologist:Matt Ridley coal mine hit with £100,000 climate protest bill‘.

T is a student and climate activist with End Coal Now who on 26th October 2015, helped to shut down England’s largest open cast coal mine.

This article was originally published by openDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Creative Commons License

 

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information

 

Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

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Nigerian farmers’ win right to sue Shell in Netherlands courts

Four Nigerian farmers and Friends of the Earth Netherlands (Milieudefensie) have won the right to sue multinational Shell in Dutch courts for oil spills in Nigeria.

It’s a key stage in a legal battle that began in 2008 after repeated oil spills polluted fields and fish farming ponds in the Niger Delta in a densely populated wetland area used for self-sufficient agriculture and fish-farming.

Four Nigerian citizens affected by the pollution – Friday Alfred Akpan from Ikot Ada Udo, Eric Dooh from Goi and Alali Efanga en Fidelis Oguru from Oruma – joined with Friends of the Earth Netherlands (as co-plaintiff) to take Shell to court over the oil spills.

Once proud owners of flourishing farms, they were reduced to poverty and forced to survive on odd jobs, because the oil spills were never properly cleaned up. Their land and fish ponds remain unusable to this day.

Alali Efanga, one of the Nigerian farmers who brought the case against Shell, said: “This ruling offers hope that Shell will finally begin to restore the soil around my village so that I will once again be able to take up farming and fishing on my own land.”

Shell ordered to disclose internal documents to plaintiffs

The plaintiffs demand that Shell cleans up the oil spills, compensates them for their losses and prevents new leakages by ensuring that the company’s pipelines are properly maintained and patrolled.

In January 2013, the courts in The Hague ruled that Shell was guilty of causing pollution on the land of Friday Alfred Akpan, but not that of the other three plaintiffs. Shell appealed the decision in favour of Mr Akpan, while Milieudefensie and the other three Nigerian farmers appealed against the rejection of their claims.

One of Shell’s arguments was the the plaintiffs lacked ‘competence’ to sue in Netherlands courts because the damage occurred in Nigeria – and any legal remedies should therefore be sought in the Nigerian courts.

But the Appeals Court of The Hague has now ruled in favour of the farmers and Milieudefensie on all the question of ‘competence’ and all other procedural issues in the case – which has now dragged on for more than seven years because of legal obstacles raised by Shell which seriously delayed proceedings.

The Court also ruled in favour of Milieudefensie and the Nigerian farmers that Shell should disclose internal company documents to them – a claim that had earler been refused by a lower court.

A landmark ruling

Channa Samkalden, legal counsel for the plaintiffs, said: “This is in every respect a landmark case. This is the first time in legal history that access to internal company documents was obtained in court – an appropriate ruling, because these documents may contain important corroborating evidence regarding the oil spills caused by Shell affecting these farmers’ land and fishing ponds. This finally allows the case to be considered on its merits.”

The ruling is unique, she continued, because it sets a precedent that opens the way for victims of environmental pollution and human rights abuses worldwide to turn to Netherlands courts for legal redress when a Dutch company is involved.

And Shell is surely quaking in its mighty boots at the implications: the four farmers taking this legal action are just a few of tens of thousands of Niger Delta farmers that have been impacted by oil spills associated with Shell’s operations.

The combined impact of the legal claims could be Shell’s ‘Deepwater Horizon‘, costing the company billions in long overdue damages and clean-up costs, much as BP has suffered from its 2010 oil spill in the Gulf of Mexico.

According to Milieudefensie, “For decades, Nigeria has been the stage of the largest oil spill on earth. Over the years, an amount of oil double to that of the sinking of the Deep Horizon in the Gulf of Mexico in 2010 has leaked into the environment.”

A 2011 report published by UNEP – the environmental organisation of the United Nations – also shows Shell doing far too little to clean up the leaked oil.

Geert Ritsema, campaigner at Friends of the Earth: “Today’s ruling is a landslide victory for environmentalists and these four brave Nigerian farmers who, for more than seven years, have had the courage to take on one of the most powerful companies in the world.

“This ruling is a ray of hope for other victims of environmental degradation, human rights violations and other misconduct by large corporations.”

 


 

More information