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Leakage of petroleum products – pollution of aquifers – Laboratory tests – liability not established – enterprise with industrial activity.

Country/Territory
Morocco
Type of court
National - higher court
Date
Mar 3, 2011
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Tests done to the water of the farm’s wells proved that it is not drinkable because it contains bacteria that come usually from sewage and other infective bacteria that come from the same source. The reason of what happened is due to the leakage of sewage to the aquifers. Thus, La Samir Company is not liable for the harm. Regarding this environmental crisis being a result of leakage of petroleum products from the pipes managed by this company, it was not proven from the laboratory tests that the cause of the harm is resulted from petroleum leakage. Hence, the court based its decision on a technically legal expert witness, as long as it was not proven to its writer that the harm in the irrigation and drinking wells was caused by leakage of hydrocarbons products, and as long as REDAL did not present what confirms this proposal.

Request rejected

Available in
Court of Cassation’s Decisions on the environment