2011 ConocoPhillips Company (hereinafter "company"), Penglai 19-3 oil spill accident, Shandong fishermen waited four years, finally look forward to Qingdao maritime Court in recent days "late" notices of cases. Welfare rights lawyer-"China environmental public interest litigation the first person", led by Jia Fangyi, had suffered "three years of total destruction"-hit fishermen in Shandong to claim against the company of hope to again.
Not long after, the Tianjin maritime Court just ruled ConocoPhillips 21 farmers in Hebei more than 1.68 million yuan of compensation.
"The Tianjin maritime Court ruling two weeks ago, Qingdao maritime Court has contact with me, and then actually make a filing decision. "Jia Fangyi to screen journalists said.
On October 31, he named, including Yantai, more than more than 300 fishermen, farmers have received the Qingdao maritime court case sent notices and advance payment of fees notification, this means fishermen in Shandong, Qingdao maritime Court has formally decided to claim the Conoco case. Claims without doors, multiple proceedings ConocoPhillips Shandong fishermen finally have nothing with ConocoPhillips to court opportunities.
"Up to now, more than 300 fishermen have received a notice of acceptance. Due to the large scale, the Qingdao maritime Court, the plenum of the Organization a total of 5 litigation documents issued to the outside, every day more fishermen have received notification of cases, expects there will be 400 or 500 fishermen would appear in court. "6th Jia Fangyi for this confirmed in an interview with interface for journalists.
5th, Jia Fangyi personally went to the Qingdao maritime Court contains muping changdao, laizhou, representative of fishermen held up proceedings, a lawyer related material. Such information includes 200 fishermen, changdao's signature, name, address, social security number, home address, and they elected 5 litigation on behalf of relevant information.
Interface journalists combing notes, calculated according to the amount claimed, farmers claim losses in the hundreds of million of the costs to be paid more than 20,000 yuan, largest farmers in muping one loss claimed was about more than 6 million Yuan, his costs are up, about 58,000 yuan. Given the large legal fees, fishermen can't pay align costs in just seven days, Jia Fangyi have to court for relief and the cost of litigation.
Jia Fangyi said lianting after submitting an application has a clear answer to this, fishermen even if you cannot pay within seven days, will not be treated as withdrawn, and specific court date has not been finalized. Or to express pent-up feelings, at the time of submitting application materials from Yantai farmers also specially invited bands, specially donated by Qingdao maritime Court side with "fishermen's claims for oil pollution, thanks to a court case" banner.
"If the Court agrees to cuts or defer, our lawyers also discusses some of the litigation strategy. Just bring down the mark, for example, to minimize the amount of 100,000 fishermen claim, so that fewer have to bear the costs, when according to the law we'll change his claims, additional litigation can be. "Jia Fangyi admitted that such additional litigation after the time is ripe, when fishermen's confidence is even larger, we borrow money will insist on litigation. If successful, legal costs ultimately borne by the defendant.
"Generally speaking we have only one goal, tried to make compensation for fishermen in Shandong province. "Jia Fangyi.
June 4, 2011 and 17th, is located in Central Bohai Sea oil and United States health cooperation projects--Penglai 19-3 Philippine oil company oil spill emergencies. According to the data released by the State Oceanic Administration showed that accidents resulted in Penglai 19-3 6200 square kilometers of the Northern oil fields and its surrounding water pollution, including 870 sq km sea polluted, oil content less than fourth class marine water quality criteria; oil content in sea water up to 1280 mg/l, over background value as high as 53 times.
As spill oil accident of main responsibility party, ConocoPhillips oil 2012 had funded 1 billion Yuan Yuan, for solution Hebei, and Liaoning province part district farming biological and Bohai natural fisheries resources damage compensation and compensation problem, and with in the Sea oil respectively expenditures 100 million Yuan and 250 million Yuan Yuan as marine environment and ecological protection fund in the, for natural fisheries resources repair and conservation, and fisheries resources environment survey monitoring assessment and research, aspects work. Since then, Penglai 19-3 gradually restoring production.
However, the oilfield is in Shandong cities "Penglai" name, but with Liaoning, Hebei is also located in the Bohai Bay along the coast of Shandong coastal areas but has not received any compensation, major fisheries losses due to oil spills, Shandong fishermen a veritable "claim blind." All indications, laizhou, Yantai muping PetroChina to coastal line and nearby small islands, including long island, also are subject to different levels of pollution. When Shandong province marine and fisheries information center of the Office Director Ding Zhixi once said in an interview with the author, one cannot rule out oil spill accidents and economic losses to the fishery of Shandong province high correlation.
In November 2011, commissioned by the 30 fishermen, muping district, Yantai, Shandong, gathered a large volume of contaminated evidence Jia Fangyi filed a civil suit to the Qingdao maritime Court for the first time. However the Court but nothing to this case, official explanation is that "this is a new case, need leadership to discuss escalation." A sudden, Shandong fishermen claim No. The Ministry of environmental protection said
On July 2, 2013 coincided with second anniversary of oil spill accidents in Penglai, taking into account the issue of limitation periods, if not prosecutions, fishermen are likely to lose the right to litigate, Jia Fangyi's legal team after informing the fishermen of Shandong to Qingdao maritime Court. According to statistics, the Shandong Fisher sued over up to more than 700, in a week's time, they will all pleadings submitted to the Qingdao maritime Court.
Since then, fishermen representatives on several occasions to Shandong province, Shandong province, to urge the High Court, Shandong province High Court responded by saying "has been reported to the Supreme Court, among the leaders in consulting and research". Until now, finally to Shandong Qingdao maritime Court posted the notice in the case of fishermen, in Jia Fangyi's view, this can be regarded as a response to 2013 Sue, can also be a response to November 2011 action.
"Oil spill turn over the past four years, felt the incident as well as outstanding out there, after experiencing so many ups and downs, and now are difficult to comb. "Jia Fangyi wry smile that says," If the Qingdao maritime Court to deal with this case, I think of China as a whole, environmental legislation and environmental consciousness of the Chinese people, including the Government's work on environmental regulation is of landmark significance. "
It is worth mentioning that, on July 2, 2012, but Jia Fangyi also took 500 fishermen of Shandong's pleadings to the headquarters of ConocoPhillips--United States, Texas, his case materials to the Texas court, and soon to be admissible, the incident once sensational national. Despite differences in cost control and the rule makes United States rights and difficulties on the road, where after two hearings have not been held before the courts below, but in his opinion, United States tour is not without its harvest.
In the United States through two hearings, Jia Fangyi, and his fishermen have been presented by Conoco in a court agreement signed with the Ministry of agriculture, and the agreement is not open in the country, in which openness clearly, ' contamination of other areas to adapt to this agreement '. This means that, if contaminated, in Shandong province, is confirmed through the judicial process, or through administrative conciliation proceedings to confirm, not confirmed.
"This suggests that agriculture and ConocoPhillips is conservative in the way to solve this problem. "Jia Fangyi said he will submit the agreement to the Qingdao maritime Court, if a future Government to participate in the mediation, through consultations with the Court of administrative measures for fishermen to get compensation, it claims will be more efficient, fishermen having greater cost savings.
The agreement Conoco Jia Fangyi 2012 invested 1 billion yuan to solve some counties in Hebei, Liaoning province culture biological and natural fishery resources in the Bohai Sea of related international agreements and compensation of damages. Although the agreement does not make it clear that compensation for the Shandong area, but the openness provisions of which in his view no doubt promote administrative litigation and administrative mediation is good "tool".
ConocoPhillips oil spill occurs, Jia Fangyi to the Qingdao maritime Court has for the first time, the Tianjin maritime Court and higher people's Court of Hainan Province for Conoco and CNOOC's environmental public interest litigation, ask the CNOOC and ConocoPhillips to establish compensation fund of 10 billion yuan, for ecological compensation and rehabilitation. So far, claims he still found 10 billion is a conservative figure.
Jia Fangyi believes that 10 billion RMB in us but more than 1.6 billion US dollars, and this year United Kingdom eventually agreed to put up as much as $ 18.7 billion, BP oil company price, before ending the Mexico Gulf oil spill caused by years of litigation disputes.
Jia Fangyi said: "in the face of China's worst marine pollution incidents, in order to establish the image of our country, for foreign companies in the domestic cases of environmental pollution not be soft. "
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