1 Mar 2021: Author: Channa Samkalden, Prakken d’Oliveira

Lawyers’ insights on corporate legal accountability: Channa Samkalden, Prakken d’Oliveira, Netherlands

Channa Samkalden reflects on the decision of the Hague Court of Appeals in the lawsuit against Shell in the Netherlands regarding oil pollution in Nigeria.

1.Why is this case important?

The case is important because it was one of the first cases to argue parent company liability – and (as far as I know) it became the first where a parent company duty of care for the activities of a subsidiary abroad was indeed established. Oil pollution in the Niger Delta has been an immense problem for decades – and Shell has never really been held accountable for it. A crucial first step was taken in 2015 when the Court of Appeal of The Hague confirmed the jurisdiction of the Dutch courts and opened the route to justice for the Nigerian farmers and Friends of the Earth. Five years later the court concluded that Shell Nigeria must pay compensation and that Royal Dutch Shell must see to it that a Leak Detection System is installed on the Nigerian pipeline. read more

April 1, 2021

The company in charge of gas extraction in Groningen is disputing thousands of claims for damages by homeowners because it says the government’s criteria are too strict.

The NAM, a joint venture set up by Shell and Esso in 1947 to exploit the Netherlands’ natural resources, said the risk to safety had been exaggerated ‘by a factor of one to ten thousand’ in some cases.

It said the vibration limits used to assess if damage to homes was the result of earthquakes were too low and also queried the costs of processing the claims. read more

Shell takes control of first Dutch offshore wind farm

30 March 2021

Shell has acquired Vattenfall’s 50% share in the 108MW Egmond aan Zee offshore wind farm, one of the first to be built.

Following the transaction Shell is the 100% owner of NoordzeeWind that manages the asset.

Vattenfall head of asset management Kasper Simonsen said: “The lessons we have learned from the first Dutch offshore wind farm can be applied in the construction of Hollandse Kust Zuid and other future offshore wind farms. read more

No evidence of NAM criminal intent in Groningen gas scandal, public prosecutor says

MARCH 26, 2021

The public prosecution department said on Friday it had not found evidence that the lives of people living in parts of Groningen hit by subsidence-related earthquakes were actually at risk.

And despite an ‘intensive investigation’ there is no evidence that NAM, the company charged with extracting natural gas from under the province, had acted in a ‘deliberately criminal way’, the department said in a statement. read more

“Two middlemen have already been found guilty for their role in this deal in a separate trial. A criminal trial of Shell and Eni’s Nigerian subsidiaries is ongoing in Nigeria while they also face an investigation in The Netherlands where Shell has said they expect to face criminal charges. Today’s verdict does not mark the final word in this scandal for Shell and Eni.”

Shell and Eni verdict: Not the final word on this scandal

NGOs and activists are today disappointed and outraged as Shell and Eni – two of the worlds biggest polluters – were found not guilty of corruption relating to the purchase of a Nigerian oilfield, in a Milan trial. Global Witness urges the prosecution to consider all options to appeal this verdict and continues to follow ongoing criminal investigations into the case in Nigeria and the Netherlands. read more

“Two middlemen have already been found guilty for their role in this deal in a separate trial. A criminal trial of Shell and Eni’s Nigerian subsidiaries is ongoing in Nigeria while they also face an investigation in The Netherlands where Shell has said they expect to face criminal charges. Today’s verdict does not mark the final word in this scandal for Shell and Eni.”

Malabu Scandal: Acquittal of Shell, Eni ‘stain on Italy’ — Anti-corruption campaigners

Environmental and social justice groups on Wednesday condemned Italy’s anti-corruption laws as “unfit for purpose”. read more

Shell and Eneco sign offshore grid deal to power a million Dutch homes

Together, they will build the offshore grid connection for the Hollandse Kust wind farm

Shell and Eneco have agreed to build the offshore grid connection for the Hollandse Kust wind farm in the Netherlands.

The wind farm, which has a total capacity of 759MW and is scheduled to be operational in 2023, is forecast to produce energy equivalent to the consumption of more than one million homes.

The agreement was sealed with the Dutch transmission system operator TenneT and will allow the group to connect and transmit power from the wind farm. read more

Parent company owes duty of care in transnational cases – Hague Court of Appea

1 March 2021 by Rosalind English

The Hague Court of Appeal has recently handed down a ruling that is of profound importance to environmental lawyers. It is not only the first case at the appellate level in Europe that has resulted in a victory on the merits for the victims, but also the first case to hold that a parent company was under a duty of care with regard to foreign claimants. I will attempt to summarise one of the judgments in the following paragraphs, but readers would do well to look at the detailed analysis of the case by  Dr Lucas Roorda on the Rights as Usual blog: “Wading through the (polluted) mud: the Hague Court of Appeals rules on Shell in Nigeria”. read more

Shell’s past sins in Nigeria catching up with the oil giant at last

The recent UK Supreme Court judgement represents a major defeat for Shell after decades of evading legal retribution for its evil plunder and pollution in Nigeria.  

The crusading solicitors Leigh Day (London) – the scourge of errant corporations, brought the action against Shell on behalf of Nigerian communities impacted over many years by Shell’s horrific environmental legacy in Nigeria. 

My help was sought by Leigh Day in bringing the action after Leigh Day discovered “invaluable” information on my website royaldutchshellplc.com.  read more

The case is the latest attempt by local communities to seek compensation from large commodities companies in European courts after the UK Supreme Court on Friday allowed Nigerian residents to sue Royal Dutch Shell (RDS) in England over years of oil spills. “This is, sadly, yet another case of a giant corporation that is more than happy to exploit the natural riches of an area but has had little consideration for those who live in it…

Brazilian residents sue Braskem in Dutch court over salt mines read more

Shell’s legal woes over Nigeria’s oil

Environmental cases:

Niger Delta oil spills: Dutch court rules Shell Nigeria responsible

Nigerian farmers have long complained of the poisoning of fish ponds and farmland.

Friday 29 January 2021 13:26, UK

Oil giant Shell’s Nigerian subsidiary is responsible for oil pipeline leaks in the Niger Delta, a Dutch appeals court has ruled.

It was ordered to pay unspecified damages to farmers who have long complained of the poisoning of fish ponds and farmland.

The decision – in a long-running legal dispute between Royal Dutch Shell (commonly known as Shell) and Nigerian farmers – could pave the way for more cases against the Anglo-Dutch energy company. read more

Shell Freezing Salaries for Majority of Staff

(Bloomberg) — Royal Dutch Shell Plc will not raise salaries for most of its employees this year, according to people with knowledge of the matter, as it looks to save cash amid an overhaul of the company.

In a note to staff, Chief Executive Officer Ben van Beurden wrote that while the company had previously told employees to have low expectations for salary increases, most wouldn’t get a salary increase this year.

Shell is starting one of the biggest reorganizations in its history as it pivots from a century-long structure that prioritized oil and gas production. There will be as many as 9,000 job losses over the next two years, with cuts already announced in The Netherlands, the U.K. and Malaysia. A second round of voluntary redundancies is also underway, Van Beurden said last week. read more

A Victory for Farmers in a David-and-Goliath Environmental Case

An appeals court said that a small group of farmers in the Niger Delta region whose livelihoods were affected by oil spills in 2006 and 2007 should receive payouts.

By Elian Peltier and Claire Moses: Jan. 29, 2021Updated 11:52 a.m. ET

A Dutch court on Friday ruled that a subsidiary of the giant British-Dutch multinational Royal Dutch Shell was liable for oil spills in the Niger Delta in Nigeria in 2006 and 2007, ordering the company to compensate a small group of residents in the region and to start purifying contaminated waters within weeks. read more

Shell verdict ‘exceeds all expectations’, says Friends of the Earth

Updated Fri, January 29, 2021, 11:05 AM

AMSTERDAM, Jan 29 (Reuters) – The Dutch court verdict on Friday that Royal Dutch Shell’s Nigerian subsidiary is responsible for oil spills in the Niger Delta exceeded all expectations, action group Friends of the Earth said.

“This is fantastic news for the environment and people living in developing countries,” said Friends of the Earth’s Netherlands head, Donald Pols. read more

Shell Nigeria is responsible for oil leaks and must pay damages, Dutch appeals court rules

PUBLISHED FRI, JAN 29 20215:56 AM EST UPDATED FRI, JAN 29 20216:20 AM EST

• A Dutch appeals court said the Nigerian subsidiary of Royal Dutch Shell was responsible for oil pipeline leaks in the Niger Delta and ordered it to pay unspecified damages to farmers.
• The case was brought in 2008 by four farmers and environmental group Friends of the Earth, seeking reparations for lost income from contaminated land and waterways in the Niger Delta region.

A Dutch appeals court on Friday said that the Nigerian subsidiary of Royal Dutch Shell was responsible for oil pipeline leaks in the Niger Delta and ordered it to pay unspecified damages to farmers.

The case was brought in 2008 by four farmers and environmental group Friends of the Earth, seeking reparations for lost income from contaminated land and waterways in the Niger Delta region, the heart of Nigeria’s oil industry. read more