In late July, the China Foundation for Biodiversity Conservation and Green Development received a notice of filing by Qingdao Maritime Court. The environmental public interest litigation in the ConocoPhillips Oil Spill Case was formally filed with the Foundation as the plaintiff, ConocoPhillips Oil and CNOOC as the defendants. The plaintiff requested the court to order the defendant to restore the ecological environment of the Bohai Bay to the accident. The state of being alive. This is the first environmental public interest litigation formally filed around the major accident four years ago, and also the first case of marine environmental public interest litigation initiated and accepted by social organizations in China.
Over the past four years, the lawsuit surrounding the accident
In 2011, a major oil spill occurred in Penglai 19-3 oilfield in the Bohai Sea, which was developed by CNOOC and ConocoPhillips of the United States. The contaminated area of oil spilled sediments reached 1,600 square kilometers, covering Liaoning, Hebei, Tianjin and Shandong provinces and cities. The accident was identified by the State Council investigation team as the most serious marine accident to date in China. Ecological accidents and oil spills.
Over the past four years, lawsuits over the ConocoPhillips spill have been ongoing, but no social organization has successfully sued and filed a case against ConocoPhillips in the name of environmental public interest litigation.
China Biodiversity Conservation and Green Development Foundation filed a public interest lawsuit in Qingdao Maritime Court in June this year against two companies, ConocoPhillips and CNOOC.
The Green Development Council said that it had been four years since the accident, but the restoration of the marine ecological environment caused by the accident has not been done. Although ConocoPhillips paid nearly 1.7 billion yuan to the State Oceanic Administration, the State Oceanic Administration claimed compensation as a state organ, and the oil spill caused more social and public interests. The impact has not been investigated for corresponding responsibilities.
It is understood that the Green Development Council is a non-profit non-profit public welfare organization approved by the Chinese Association for Science and Technology (CAST) specializing in biodiversity conservation and green development. This case is the third public environmental case filed after the Gansu Water Pollution Case and the Hainan Mangrove Case.
Green hair conference did not raise
Specific claim amount
It is reported that before the initiation of the lawsuit, the Green Development Council had applied to the State Oceanic Administration for information disclosure, asking for information about the use of compensation for damage by ConocoPhillips, and the status of marine ecology in the polluted sea area after the incident. According to the response of the State Oceanic Administration, nearly 1.7 billion yuan of compensation for marine ecological damage paid by ConocoPhillips to the State Oceanic Administration has been fully in place and allocated to the affected provinces and municipalities around the Bohai Sea (including Tianjin).
In response to the current situation of the contaminated sea area, the State Oceanic Administration said that the concentration of petroleum in seawater meets the first class seawater quality standards, and that the petroleum content in individual stations exceeds the third class marine sediment quality standards. The community structure of plankton gradually recovered, but the number of fish eggs and larvae was still low, and the content of petroleum hydrocarbons in crustaceans was slightly higher than that before the accident.
"Up to now, the Bohai Gulf oil spill accident has occurred for four years, the defendant has not taken any measures to restore the marine environment in the Bohai Sea, ecological pollution is still continuing, resulting in more oil spill pollution to the depth and breadth of the sea, seriously damaging the public interest." In the petition, the Green Development Council requested the court to order the defendant to restore the damaged Bohai Sea ecological environment to the state before the oil spill.
Green Development Council did not put forward a specific amount of claims, it explained to the "Beijing News" reporter, if the specific amount of claims and repair costs, it is necessary to quantify the assessment of pollution damage, relatively difficult, so the main request for its restoration of the ecological environment litigation.
ConocoPhillips can promote public interest litigation
Standardization of system
Ma Yong, a researcher at the Judicial Theory Research Base of Environmental Resources of the Supreme People's Court, argues that the Green Development Council's lawsuit against ConocoPhillips and CNOOC, which was accepted, means that the first public interest lawsuit on marine pollution filed by a social organization in China, has been formally accepted and has a strong symbolic significance. This is also the first environmental public interest lawsuit filed by social organizations in China's maritime courts. "If the maritime courts also open the door to public interest lawsuits filed by social organizations, the scope of courts that can accept environmental public interest lawsuits nationwide will be very large, and the pollution caused by land-based discharge can also be prosecuted. This may be the case." It can break through local protection. "
Ma Yong said that the Green Development Council had done environmental public welfare cases before water pollution and species invasion, and this ConocoPhillips case is related to marine pollution, which is in line with the organization's biodiversity conservation and green development purposes.
Wang Yamin, an oceanographer at Weihai Branch of Shandong University, also believes that the case is of great significance and can promote the construction of many laws and regulations. Many specific problems in public interest litigation can be solved through this case. "It is not important who loses or wins, but it is important to promote the judicial system through this case." Refining many problems in resource and environmental cases. "
Wang Yamin also said that there are still many procedural problems in the case of resources and environment, especially in public interest litigation, which need to be further standardized and refined through judicial interpretation.
"Lawsuits are difficult.菲达国际
The plaintiff needs to provide more evidence.
Wang Canfa, an environmental jurist from China University of Political Science and Law, believes that it is of great legal practical significance to put ConocoPhillips in the dock.