Dutch court rules gas company liable for emotional suffering News
Dutch court rules gas company liable for emotional suffering

A Dutch court in the northern city of Assen ruled [order, in Dutch] Wednesday that the Netherlands Petroleum Company (NAM) [corporate website] is liable for the emotional suffering of claimants whose homes were damaged from earthquakes caused by drilling. NAM is jointly owned [AP report] by ExxonMobil and Shell [corporate websites]. The complaint involves 127 plaintiffs who are seeking financial compensation for non-material damage. The court said that the regular earthquakes created a “serious breach by the NAM on fundamental personal rights, the right to an undisturbed enjoyment.” The earthquakes caused many to be afraid for their safety and led to “tensions” that impacted daily life. The court also stated that the nuisance created by NAM exceeds “normal” nuisance in its nature, severity and duration. An action was also raised against the state for negligence, but the court found that they were not liable for damages despite their reluctance to minimize gas production. The amount of compensation for the 127 plaintiffs will be decided in a follow-up procedure.

The environmental impact of natural gas production, particularly hydraulic fracturing, or fracking [JURIST backgrounder] has been controversial around the world. The Dutch Council of State in November ordered [JURIST report] more cuts in gas production. In September a Dutch court ruled [JURIST report] that the Royal Dutch Shell and Exxon Mobil joint venture must pay homeowners for property damage caused by gas drilling related earthquakes. In June New York implemented a ban [JURIST report] on the practice. In March the Maryland House of Delegates passed a bill [JURIST report] to place a three-year moratorium on fracking in the state. Also in March US Secretary of the Interior Sally Jewell announced [JURIST report] the publication of a rule regulating fracking on federal land. In January Scotland announced [JURIST report] a moratorium on the granting of permits for unconventional oil and gas extraction, including fracking amid environmental and health concerns.