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BP oil spill: Colombian farmers sue for negligence
Farmers claim BP breached a duty of care which lead to poisoned water, caused crops to fail and livestock to die
Diane Taylor / Miércoles 12 de enero de 2011
 

BP failed to observe proper environmental safety procedures during construction of an oil pipeline in Colombia, according to allegations in a case lodged by a group of farmers at the high court in London.

The case comes at the worst possible time for BP as it deals with the fallout from the new report into the Deepwater Horizon oil spill in the Gulf of Mexico and the shutdown of the Trans-Alaska pipeline on Saturday after a leak.

A scientific investigation has been commissioned by lawyers acting for 73 Colombian farmers, who are suing BP in the high court in London for allegedly causing serious damage to their land, crops and animals. In the first case of its kind the farmers claim that BP acted negligently and breached a duty of care towards them.

They say that BP Exploration Company (Colombia) Ltd worked with Colombia’s national oil company and four foreign multi-national corporations, to construct the 450-mile (720 km) Ocensa pipeline. They allege that this caused extensive erosion and damage to soil and groundwater, causing crops to fail, livestock to perish, contaminating water supplies and making fish ponds unsustainable.

According to documents lodged in the high court last month, the scientific investigation has alleged that BP failed to take proper measures to control soil erosion on the farmers’ land, failed to properly preserve the topsoil when earth was moved during the construction process and failed to prepare the soil properly for construction. The farmers say that BP engaged in "risky or dangerous activity" and add that an environmental impact study submitted by BP to the Colombian Ministry of the Environment in 1994 was "inadequate and defective".

The solicitor acting for the farmers, Paul Dowling of Leigh Day & Co, said: "The emerging evidence in this case has brought to light BP’s central role in the construction of the Ocensa pipeline, and its failure to adequately appreciate risk and implement basic measures to protect the local environment and the livelihoods of impoverished local communities."

"Rather than accepting responsibility for its actions, BP has, in the same way as it has done in the Deepwater Horizon spill, sought to distance itself as far as possible from the environmental destruction that has taken place."

The farmers are claiming damages against BP for breach of contract and negligence. If the court accepts the evidence of environmental damage caused by the project it could open the way for similar claims by other communities in developing countries who say they have been adversely affected by oil pipelines.

The area where the pipeline was laid – from Cusiana-Cupiagua oilfields in the region of Casanare to the port of Covenas – has been plagued by paramilitary activity. Farmers say they have experienced harassment and intimidation from Colombian paramilitaries employed by the government to guard the pipeline.

Marta Hinestroza one of the farmers’ lawyers, fled Colombia for Britain when she discovered that her name was on a paramilitary hit list and was granted asylum here in 2002.

BP announced its plans to sell its 24.8% shareholding in Ocensa last August along with BP Exploration Company (Colombia) Ltd but the sell offs have not yet been completed. Funds raised by these sales will be used to help pay the bill for the Deepwater Horizon spill.

In its response to the original claims lodged on behalf of the farmers in the high court BP denies that it acted negligently and that construction of the pipeline has caused long-term damage to the farmers’ property. It argues that the main cause of soil erosion and sedimentation is the removal of forests by farmers for cattle grazing. The farmers dispute this. BP has not yet lodged a response to the new evidence. When contacted by the Guardian a BP spokesman declined to comment on the latest findings.