ConocoPhillips is not position to prosecute claims on the the Shandong fishermen in the United States

Xinmin chart mapping Dai Jiajia (Image courtesy of the CFP)

U.S. Central Time 7 am from 2 9 pm 30 minutes (Beijing Xu evening of May 2, 10:30), 500 fishermen, Shandong, China commissioned the U.S. lawyers claim petition submitted to the United States, Texas federal court, claims to ConocoPhillips headquarters in Houston.

from the beginning of the year to April, ConocoPhillips and CNOOC has promised compensation for the Penglai 19-3 oil field oil spill 3.033 billion yuan.

“sea to die, breed survive

Wang Zhongguo is one of the Shandong fishermen 500 commissioned prosecution in Yantai, Shandong the mound Rocky Island, he farmed seafood has been years.

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mound Rocky Island and Penglai 19-3 oil field is only 39 nautical miles straight line distance is much shorter than the oil field to the distance of the coast of Hebei and Liaoning. After the oil spill accident occurred in June last year, bear the brunt.

“things that we raised almost entirely dead, scallops, sea cucumbers are all dead.” Said Wang Zhongguo.

mound Rocky Island was once the best breeding ground of the sea cucumber, has now become a seafood slaughterhouse. The sea to die, breed survive. “Farmers Zhou Xiao said,” The sea cucumber is the benchmark of the marine environment, as long as the sea a little dirty, live sea cucumber, oil stains, sea cucumbers immediately dissipate. ”

worse reputation defeated mound Rocky Island seafood produced due to the oil spill. “A mound Rocky Island, said to be polluted, and not be sold.” Said Wang Zhongguo.

local fishermen, in addition to fishing and farming, there is no other income. Wang Zhongguo said: “We also worry that this island is surrounded by the sea, fruit trees What can species, only the sea to eat, but this way we simply do not know how to do.”

ConocoPhillips accused of “point of generation of surface, evasive

” because of the oil spill last year, my losses have been a few million dollars, why do I not ConocoPhillips apology and compensation? “the Muping kiln streets curved to ensure angrily said,” The pollution of the sea is not half past one will be able to abate, the losses over the next few years, how should we do? “

” ConocoPhillips previous promise of compensation, only parts of Hebei, Liaoning, this is just all be part of the affected areas, such compensation is not enough. “Band Law firm Law Jia Fangyi said, he is also the agent of Shandong fishermen lawyers, is in his promotion, the U.S. attorney group took over the commission of Shandong fishermen.

Jiafang Yi said ConocoPhillips compensation in some areas fishermen loss in practice to the point of generation hand, evasive.

“I have had exchanges and Stuart Smith, one of the lawyers for the litigation, he told me, like ConocoPhillips oil giant in foreign countries often use this trick.” Gu Fangyi said “For example, 10 individual victims, his only compensation for a personal loss, and then made public to the points accumulated good reputation, but also for the future litigation that may arise, but the other victims, gradually unable to sue. no way to deep-pocketed giants contest. “

fill in the data

according to the contract of the 500 fishermen that the amount claimed is about 870 million yuan, and this amount is only their farming losses last year, not including the loss of the next few years, decades, and does not include punitive damages in accordance with the laws of the United States the infringing party to bear.

the participate in the proceedings of a strong legal team

“I have this litigation are confident that, because participation in the proceedings, lawyers lineup strong. “Jiafang Yi told reporters. 3

accept fishermen commissioned by the U.S. law firm, Smith Steiger, Texas Bi Laike law firm, Louis, Louisiana law firm Jones Swanson Law Offices .

lawyers to participate in this litigation lawyer Stuart Smith, in 2001, represented the world’s largest oil company Exxon – Mobil Corporation claims litigation, access to jury adjudication of compensation of $ 1.056 billion.

Thomas Bi Laike lawyer, has over 20 years of litigation experience of environmental protection, actively engaged throughout the United States federal and state courts to prosecute the plaintiff environmental claims litigation, he and his law firm enjoyed a high reputation in the United States.

Gladstone Jones III, lawyers, participation and proxy

largest environmental cases in the United States, including groundwater litigation and West Florida, Long Island Sound lobster litigation, and in 2010 took place in Gulf of Mexico, the world-famous British Petroleum oil spill case.

American lawyer agent case to take the risk of litigation mode, ie, pre-pay all costs of litigation, forensics, and related personnel of the U.S. transportation by three law firms.

6 early oil, fishermen no longer trust the Conoco

To be sure, the follow-up effects of the oil spill is still far from over.

“This year we here in aquaculture, the mortality rate than last year’s high, has exceeded 50 percent.” To ensure that the song said, “I do seafood farming for over 20 years, has not experienced such The high mortality rate. “

reporter interviewed a number of fishermen, they both said, this year, the breeding of mortality is much higher than usual year.

In addition, fishermen are ConocoPhillips has a deep sense of distrust.

in early June this year, the Penglai 19-3 oil field spill, and how we believe that ConocoPhillips will be responsible for? “Song to ensure asked.

the U.S. mainstream media rarely reports, ConocoPhillips declined to comment. U.S. lawyer said

“does not exclude the possibility of the two sides eventually settled out of court”

Xu Donghai

U.S. local time on July 2, 500 fishermen in Shandong attorney filed a suit to federal court in Texas, ConocoPhillips Bohai Bay oil spill occurred in June last year to pay the relevant compensation. Up to now, the ConocoPhillips headquarters still remain silent. American Chinese lawyer Zhang believes that the cross-border litigation will most likely be a lengthy lawsuit, “does not exclude the possibility of the two sides eventually settled out of court.”

Shandong fishermen sued the ConocoPhillips headquarters, U.S. mainstream media rarely reported. ConocoPhillips this incident, declined to comment. The U.S. Supreme Court trial attorney, the California Supreme Court lawyer Zhang, ConocoPhillips is prudent to consider countermeasures. “In accordance with the laws of the United States, and this part of the file or not, the court accepted the plaintiffs bill of complaint, that is, into the judicial process. The complaint to submit in about a month, the defendant must respond.”

said Zhang Jun, procedures, the COPC the response is nothing less than two choices: First recognized by the Shandong fishermen prosecution content agree to indemnify; Second, one by one refute the plaintiff’s appeal content.

in the U.S., the consumers for the rights of the astronomical claims cases are not rare. Zhang believes that the amount of the claim of 870 million yuan is not far off the mark. “Prosecution definitely better than not to prosecute, but the Conoco certainly will the oil spill compensation as a case previously compensation to the fishermen of Hebei, Liaoning, there should be a related note, or similar contracts of guarantee. Shandong fishermen on the feeling of this class action, you need to come up with the burden of proof on the strong evidence to prove that he did suffer the loss of a spill, and did not receive compensation. “

said Zhang Jun, ConocoPhillips to refute the plaintiff’s appeal content, is bound to have to burden of proof and spend huge sums of money. “I personally do not rule out the case reached a court settlement possible.”

However, the complexity of cross-border litigation, coupled with the particularity of the American judicial process, Zhang Jun, the lawsuit is likely to last a long time. An equally in the United States to prosecute cross-border lawsuit might serve as a reference object of this incident. 2007, 25 the secret Lueqiuer people on the Western oil companies drilling for oil in Peru and its Peruvian subsidiary in the United States sue, after several twists and turns, identified by the Los Angeles court accepted the case on December 6, 2010. The current case is still pending U.S. Court of First Instance.

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can learn from the oil pollution treatment case

● 2010 in Mexico Bay oil spill case, the U.S. government to prosecute BP and other nine companies associated with the Gulf of Mexico oil spill, and proposed fines of $ 18 billion. States by the British Petroleum oil spill against businesses and individuals have filed numerous class action lawsuit 10 million for the plaintiff, the federal court will integrate about 300 lawsuits, victims of the British company Payout $ 7.8 billion.

2011 Brazil oil spill case, the Government of Brazil, Chevron filed a civil suit claims the amount of $ 11 billion, the volume of oil spills of 3,000 barrels (according to public data, Bohai Bay oil spill of 3400 barrel, the loss of 3 billion yuan).

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