The Singapore-flagged X-Press Pearl was a brand-new container ship, only three months after being commissioned, when a fire erupted and began sinking off Sri Lanka’s western coast on May 20, 2021. The vessel, laden with 25 metric tons of nitric acid, lay in the dark seabed about 20 meters (66 feet) deep, and salvagers had to battle rough seas to cut it into three pieces in order to lift the wreck. One and a half years since the sinking, the X-Press Pearl was brought out of the depths of the ocean after its corroded aft section was successfully lifted into a barge in mid-January.
But the filing of a claim for compensation for potential environmental damage caused by the maritime disaster has not yet materialized. The law requires action to be filed within two years of the incident and this leaves Sri Lanka with less than four months to initiate legal action, a process that is expected to be painstakingly complex, says Dan Malika Gunasekera, an authority on the law of the sea and maritime law.
The X-Press Pearl incident has been recorded as Sri Lanka’s worst maritime disaster. When disaster struck, the freighter was carrying 1,486 containers with 81 of them labeled as hazardous, transporting 25 metric tons of nitric acid, caustic soda and methanol. In addition, there were 9,700 tons of potentially toxic epoxy resins on board. The shipwreck also resulted in the world’s worst ever nurdle spill, as the vessel was carrying 87 containers laden with several types of plastic pellets estimated to weigh around 1,680 metric tons.
Key to mounting a successful claim of compensation is a detailed report prepared by the Marine Environmental Prevention Authority (MEPA), the government agency responsible for the management of marine disasters. In the aftermath of the disaster, MEPA set up an expert committee consisting of about 40 experts representing different fields to assess environmental damage caused by the ship wreck.
“The committee submitted a first interim report in 2022 and subsequently, a second interim report to the Attorney General’s Department, the state agency that represents the Sri Lanka government,“ says Dharshani Lahandapura, MEPA’s chairperson. The 1,500-paged report holds the key to a successful legal battle. However, the Committee will monitor the situation and continue to update the report as some of the impacts such as nurdle-related pollution continue, Lahandapura told Mongabay.
The attorney general decides where to file this case, and it is possible this would happen in a Singapore court, Lahandapura adds.