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CAVE and FoE Netherlands vs. Exxon

Case overview

Date filed 15 May 2006
Current status Rejected
Issue Shell and Exxon's chemical storage & health impact in Brazil
Summary of the case The complaint states that Exxon, as well as Shell, has refused to comply with the Brazilian government’s demand in January 2005 to stop the practice of storing chemicals at and below their facilities and to help workers and local residents with health complaints arising from the high concentrations of chemicals and heavy metals in their blood. The complainants charge the companies have demonstrated little concern for their own employees and local residents.


Developments/Outcome In June 2006, the Brazilian NCP conducted an initial assessment and accepted the complaint as a specific instance. The Dutch NCP also wrote to the Brazilian NCP and “offered its assistance in the handling of the instance’’ by providing suggestions on how it would handle the case and declaring it would closely follow the case.

In its 16 October 2006 response, Exxon claimed that it was a minor partner in the Brazilian consortium accused of the violations and that Shell, as the lead partner and “facility operator”, should be responsible for responding to the allegations in the complaint. The NCP accepted this argument and thus dismissed the case against Exxon.
Relevant OECD Guidelines
Case keywords Health and safety, Extractives / mining sector, Seeking/ accepting exemptions, Political involvement, Environment, Energy sector, Parallel (legal) proceedings, Disclosure of information, Multiple NCPs

NCP Information

NCP name National Contact Point Brazil
NCP address Sector da Autarquias Sul Quadra 03 70079 - 900 Brasilia DF, Brazil
NCP website http://www.fazenda.gov.br/multinacionaispcn/
Other NCPs involved

Complainants

NGO

Company Information

Company responsible ExxonMobil
Company address Irving Las Colinas Boulevard 5959
75039-2298 Texas
United States
Company website http://www.exxonmobil.com/Corporate/default.aspx
Company in violation Pool São Paulo
Country of operations Brazil
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
20 June 2006 Coletivo Alternativa Verde campaign Folha de São Paulo publishes article "Test reveals inhabitants' contamination."  
16 May 2006 Friends of the Earth Netherlands press release Environmental organisations issued a press release about the filing of the OECD complaints against Shell for the worldwide violations of the OECD guidelines. download pdf (85Kb)  
28 December 2005 Friends of The Earth International report Report on public health situation in São Paulo Brazil. The aim of this report is to show in a brief way the valuation of the environmental exposure and the risks and health effects to the residents of Vila Carioca related to the company SHELL there installed. download pdf (121Kb)  

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