An Astana court has overturned a multi-billion-dollar environmental fine imposed on the North Caspian Operating Company (NCOC), the consortium developing the Kashagan oil field in Kazakhstan’s sector of the Caspian Sea. The ruling was based on procedural violations by Kazakhstan’s environmental authorities. However, the court made clear that the decision does not prevent the re-filing of claims once the procedural flaws are addressed.

The NCOC consortium comprises KMG Kashagan B.V. (16.877%), Shell Kazakhstan Development B.V. (16.807%), Total EP Kazakhstan (16.807%), Agip Caspian Sea B.V. (16.807%), ExxonMobil Kazakhstan Inc. (16.807%), CNPC Kazakhstan B.V. (8.333%), and Inpex North Caspian Sea Ltd. (7.563%).

In March 2023, the Ministry of Ecology and Natural Resources filed a $4.2 billion lawsuit against NCOC, based on a complaint from the Atyrau Region Department of Ecology. The agency alleged that more than 1.7 million tons of sulfur were being stored at the Kashagan site, far exceeding the 2022 legal limit of 730,000 tons.

NCOC denied the allegations, stating that its sulfur production and storage practices fully complied with Kazakh legislation and international standards.

In March 2025, an arbitration court ruled in favor of NCOC. The case then proceeded to the appellate level, where the Administrative Chamber of the Astana Court annulled the initial enforcement order due to violations of the Administrative Procedure Code by the environmental authorities.

“It has been established that the authorized body committed violations of the Administrative Procedure Code of the Republic of Kazakhstan when issuing the order, which was the basis for overturning the contested order,” the court’s press service stated.

The court emphasized that its ruling was procedural and did not address the substance of the environmental claims. “The court did not assess the validity of the conclusions of the Department of Ecology on the merits. Thus, the decision does not affect the substance of the violations identified and does not prevent the authorized body from taking further action after the procedural errors have been corrected,” the statement continued.

As previously reported by The Times of Central Asia, this is not Kazakhstan’s only legal dispute with NCOC. An international arbitration case remains ongoing, in which the government is seeking $150 billion in lost profits, citing delays in the Kashagan field’s launch and the failure to meet oil delivery commitments.