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substantial body of independent expert evidence which exists as to theenvironmental impact of the oil spills in the Niger Delta generally. In2006, independent Nigerian, British and USA environmental expertsconducted a preliminary Resource Damage Assessment in the NigerDelta for the Nigerian Federal Ministry of Environment. Theindependent assessment found that many of the oil facilities andoperations are located within sensitive habitats, including areas vital tofish breeding, sea turtle nesting, mangroves and rainforests, which haveoften been severely damaged. The report states that the damage fromoil and gas operations is “chronic and cumulative and hascompromised livelihoods…” 223.3 The Claimant further relies upon the United Nations EnvironmentProgramme’s (“UNEP”) Environmental Assessment of Ogoniland,2011. As part of the said assessment, UNEP surveyed 122 kms ofpipeline rights of way and visited all oil spill sites, oil wells and otheroil-related facilities in Ogoniland, including the Bodo creek. UNEPidentified 69 sites for detailed soil and groundwater investigations.The Claimant relies upon the findings of the UNEP report, inparticular:23.3.1 Total Petroleum Hydrocarbon (“TPH”) concentrations insediments were found to exceed Environmental Guidelinesand Standards for the Petroleum Industry in Nigeria(“EGASP<strong>IN</strong>”) values in samples taken in the Ejama, Biara,Ataba, Bodo West, Kpadpr-Bodo, Bodo, Sugi-Bodo, B-Dere,K-Dere and Kolgba communities.23.3.2 TPH levels for the surface water at Atab-Otokroma 2, Ataba,Kwawa, Kozo, Bodo and Kolgba were particularly high,2 Niger Delta Natural Resource Damage Assessment and Restoration Project. Federal Ministry of Environment,Abuja. 31 May 2006.10
suggesting that the incidents that occurred in thesecommunities were more severe than those that affected theother communities.23.3.3 In two thirds of the contaminated land sites close to oilindustry facilities the soil contamination exceeded Nigeriannational standards.23.3.4 In 41 sites the hydrocarbon levels in the groundwater were inexcess of international standards.23.3.5 Hydrocarbon contamination was found in water taken from28 wells at 10 communities adjacent to contaminated sites. 7wells showed 1,000 times higher concentrations thanpermitted under Nigerian drinking water standards.Clean Up and Remediation24. The Claimant avers that following the eventual inspections and clamping of theoil spills by the Defendant, no clean up or remediation has been undertaken bythe Defendant to restore the impacted creeks, waterways and land to their prespillstate or to the condition as required by Nigerian law.25. After both oil spills had been capped, the Ministry of the Environment of RiversState wrote to the Defendant on 15 January 2009 and 11 February 2009requesting a meeting to take place between the Claimant and the Defendant withregard to the said oil spills. 3 The Defendant failed to respond to the said letters.26. The National Oil Spill Detection and Response Agency (“<strong>NO</strong>SDRA”), anagency of the Federal Government of Nigeria, conducted an investigation intothe causes of the said oil spills in 2009. The Defendant failed to respond to the3 Annex 211
Page 1 and 2: IN THE HIGH COURT OF JUSTICE CLAIM
Page 3 and 4: II. THE PARTIES5. The Claimant is a
Page 5 and 6: 11. Oil pipelines operated by the D
Page 7 and 8: including on radio stations and the
Page 9: 22.3 Contamination of farmland alon
Page 13 and 14: 29.2. The Defendant was provided wi
Page 15 and 16: “to maintain all apparatus and ap
Page 17 and 18: Breaches of Nigerian Statutory Law3
Page 19 and 20: Negligence and Nuisance36. Further,
Page 21 and 22: 37.5. The Niger Delta Natural Resou
Page 23 and 24: V. LOSS AND DAMAGE40. By reason of
Page 25: Nigerian law. Alternatively, if the
Page 28 and 29: UNEP found contamination has reache

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