Human rights organizations vs. the Ministry of Mines and Energy and others over contract modifications favoring fracking in Colombia

Location

CES San Martín Colombia

Status
Resolved at first instance
Details
Resolved in the first instance/Active in the second instance.
Start date
March 15, 2017
Date of judgment or latest existing decision
On December 15, 2020, the Administrative Court of Santander issued a first instance ruling
Summary

The Luis Carlos Pérez Lawyers' Collective Corporation and the Corporation for the Defense of Water, Territory and Ecosystems (CORDATEC) promoted a Popular Action against the National Hydrocarbons Agency (ANH), the National Environmental Licensing Authority, the Mayor's Office of San Martín and the Regional Corporation of Cesar; also, against the companies CONOCOPHILLIPS and CNE OIL & GAS, for the modification of a contract that went from allowing the construction of a conventional well to an unconventional one.

Indeed, according to the lawsuit filed in 2009, the National Hydrocarbons Agency (ANH) and the Colombian Energy Consortium (CENERCOL) entered into an exploration and production contract for conventional reservoirs (YC No. 50) for the project called "Exploratory Drilling Area - APE VMM3," which was to be developed in the municipalities of Aguachica and San Martín in the Department of Cesar, and Rionegro in the Department of Santander. Subsequently, CENERCOL transferred 100% of the contract to the company Integral de Servicios Técnicos, which in turn transferred the contract to Shell, which then transferred 30% to ConocoPhillips.

Subsequently, SHELL, CONOCOPHILLIPS, and CNE OIL & GAS SA requested ANH approval for the transfer of all of SHELL's interests to CONOCOPHILLIPS and CNE OIL & GAS SA. At the same time, they submitted a request to develop an unconventional hydrocarbon reservoir (YNC) in the area assigned by the initial contract, expressly and promptly waiving their right to explore for and produce hydrocarbons from the conventional reservoir. In response to this request, the ANH and the interested companies signed the "Additional Contract for Exploration and Production of Unconventional Hydrocarbon Reservoirs." Thirteen days later, CONOCOPHILLIPS requested ANH to reclassify the PicoPlata1 well from Stratigraphic to Conventional.

In the Popular Action, the plaintiffs invoked the guarantee of the following collective rights : i) the enjoyment of a healthy environment; ii) the existence of ecological balance and the rational management and use of natural resources to guarantee their sustainable development; iii) public safety; iv) public health; v) administrative morality; and vi) the defense of public assets.

In addition to requesting protection of the aforementioned rights, the plaintiffs requested that the legal effects of the contract be terminated, that all fracking work or activity carried out under the aforementioned contract be immediately suspended, and that all necessary measures be taken to guarantee the collective rights of the communities residing in the area of influence of the aforementioned contract.

The lawsuit was resolved by the Administrative Court of Santander, which issued a first instance ruling denying the claims of the plaintiffs, arguing, among other things, that it was not proven that "the inhabitants of the Pitalimón village have suffered environmental damage that affects the collective rights to enjoy a healthy environment and the existence of ecological balance and the rational management and use of natural resources, and especially public health"; that "the fracking technique was not used in the PicoPlata1 well"; and that it was not proven that "the chemicals used in the explorations carried out in the PicoPlata 1 well generated unknown risks to the environment."

The plaintiffs filed an appeal against the first instance ruling, which is pending resolution.

Climate element

One of the concerns related to fracking is the increase in greenhouse gas emissions. This concern stems from research that indicates that natural gas emissions include methane leaks and even the migration of natural gas from fractures in the rocks and abandoned wells.

The importance of finding methane gas leaks is that methane is a potent greenhouse gas and its global warming potential is 25 times greater than that of CO2, so fracking can support the increase in GHG emissions, contrary to the commitment that States have to reduce GHG emissions, in order to limit the increase in global warming to 1.5ºC, under the Paris Agreement.

Claimants
  • Luis Carlos Pérez Lawyers' Collective Corporation.
  • Others.
Defendants
  • Ministry of Mines and Energy.
  • Others.
Supporting organizations
Unitary Federation of Mining, Energy, Metallurgical, Chemical, Extractive, Transport, and Allied Industry Workers of Colombia (FUNTRAMIEXCO).
Southern Oil Observatory (OPSUR)
FUNDAR Center for Analysis and Research
Claudia Campero Arena
Aroa de Fuentes López.
Juan Eugenio Guerrero Martín y Consuelo Acevedo Nova.
Interamerican Association for Environmental Defense (AIDA)
Territorial context

The municipality of San Martín is located in the southern part of the department of Cesar. It encompasses three life zones: very humid premontane forest, tropical rainforest, and humid premontane forest. Its economy is based on agriculture and livestock farming, and also includes oil extraction and the African palm oil industry.

The addition to the contract signed by the ANH and the companies SHELL, CONOCOPHILLIPS and CNE OIL & GAS, violates the rights of the community by seeking to execute the contract without an Environmental License, ignoring the technical and environmental standards, as well as the implications that hydraulic fracturing has on the territories, water, ecosystems and the development of life in the community of San Martín, Cesar.

Rules and principles invoked
  • Paris Agreement
  • Political Constitution of Colombia
  • Law 99 of 1993
  • Law 1333 of 2009
  • Decree 1076 of 2015
  • Law 1844 of July 14, 2017

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Instance
Judicial
Actor type
Civil society organization
Topic
Fossil fuels
Fracking
Violation of human rights
Defendant type
Private enterprise
State
Municipality / local government
Interim measures
Denied or rejected
Grounds for claim
Right to a healthy environment
National legislation