案例摘要:康菲公司诉讼案 (有关渤海湾石油泄漏 - 中文版)

For an English-language version of this case profile, please click here.

2012年7月2日,来自中国山东省的一群渔民向康菲公司总部所在地美国德克萨斯的联邦地区法院起诉康菲石油公司。该诉讼因2011年6月康菲公司在中国渤海湾导致石油泄露而起。这些渔民指称该次石油泄漏破坏了渤海湾的生态系统,从而严重影响了他们的生计。他们曾经请求青岛海事法院同意他们起诉康菲,但未获该法院支持。

康菲认为美国法庭对该案原告的诉求不具有管辖权,因而应当予以驳回。该公司还辩称其已经同中国农业部和国家海洋局达成协议。中国政府部门已经收取了10.9亿元人民币,并向河北、辽宁二省的渔民赔偿了石油泄漏所造成的损失。康菲宣称中国农业部认为山东的渔民并未受到石油泄露的影响,而如果原告能够证明他们受到了影响,则可以向农业部寻求赔偿。

据部分原告称,他们受到了山东地方政府官员的警告、威胁和监视,并且被要求撤诉。

- “Shandong fishermen sue ConocoPhillips in US”, China.org.cn, 5 Apr 2013
- “Beijing warns Shandong fishermen against suing ConocoPhillips over Bohai oil spill”, Stephen Chen, South China Morning Post, 3 Apr 3, 2013
- “ConocoPhillips Sued By Fishermen For China Oil Spills”, Juan A. Lozano, HuffPost Green, 2 Jul 2012

- [PDF] Peiqing Cong, et al. v. ConocoPhillips - ConocoPhillips Company's Reply Brief in Support of its Motion to Dismiss, 11 Jan 2013
- [PDF] Peiqing Cong, et al. v. ConocoPhillips - Complaint for Damages and Injunctive Relief, 2 Jul 2012 [plaintiffs' complaint filed at the US District Court for the Southern District of Houston]

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作者: Feng Hao, Chinadialogue.net (China)

"Bohai legacy highlights weakness in China’s marine law", 26 June 2018

A long and hard-fought lawsuit brought by a group of Chinese tourist operators against United States oil giant ConocoPhillips has quietly ended with an out-of-court settlement behind closed doors...The tourist operators’ case started in November 2012 following the Bohai Bay oil leak in 2011...The leak was China’s worst coastal environmental disaster for years...In April 2012, a final agreement was reached...to pay 1.683 billion yuan into a compensation fund.  The agreement provided compensation for aquaculture and fishing sectors in certain parts of Hebei and Liaoning provinces.  However, Shandong and Tianjin received nothing.  Nor was there any provision for the tourism sector.  There is no public information available detailing if and how the money was distributed by the local provincial authorities.  Having been left out of the compensation deal, and with livelihoods damaged, the Tangshan tourism operators bandied together to seek reparation...One challenge for the claimants was establishing a direct link between the pollution and the losses suffered.  Under Chinese law, the claimant is responsible for providing evidence of the link between the pollution and any resultant losses...All known compensation cases brought as a result of the Bohai oil leak have been protracted and problematic.  A case brought by Tianjin fishermen was rejected by the government courts, and 500 Shandong fishermen are still waiting for their case to be heard.  This reflects the weakness of the Chinese legal system in dealing with oil pollution accidents in the marine environment...Feng Jie, a journalist who reported in depth on the Penglai 19-3 leak, says that current structures are failing to guarantee justice for victims of pollution.  Whilst the enormous environmental costs of the Bohai leak have spurred improvements to China’s marine environmental protection law, legislators still have much to do.

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作者: Global Times (China)

"Shandong fishermen file 170 million yuan lawsuit for 2011 Bohai Bay oil spill", 28 Dec 2016

A maritime court in Qingdao, East China's Shandong Province has asked the parties involved in the oil spill in Bohai Bay in 2011 to submit their evidence Wednesday in a multi-million yuan lawsuit against multinational oil and gas producer ConocoPhillips and State-owned China National Offshore Oil Corporation (CNOOC).  85 fishermen from Muping district and another 120 from Changdang county, Yantai, Shandong Province are suing ConocoPhillips and CNOOC for 170 million yuan ($24.4 million).  Seven of the Yantai fishermen attended the Wednesday hearing, China Youth Daily reported...The oil spill took place in June 2011 at the Penglai 19-3 oil field, which was being jointly developed by ConocoPhillips and CNOOC...

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27 December 2016

205名山东渔民就渤海湾溢油案向康菲石油、中海油索赔1.7亿元

作者: 中国青年报

"渤海湾溢油案索赔“复苏”:205名山东渔民索赔1.7亿元"

渤海湾溢油事故山东渔民索赔案沉寂1年后,近日再度“复苏”…山东青岛海事法院…长岛县至少205名渔民索赔1.7亿元,参加证据交换的代表共有7人。

渤海湾溢油事故发生于2011年6月…由美国康菲石油…和中国海洋石油…合作开发。国家海洋局此后认定事故造成油田周边6200平方公里海域海水污染…康菲石油…在制度和管理上存在缺失、对应当预见到的风险没有采取必要的防范措施。

前述山东渔民此次将康菲石油、中海油列为被告…山东烟台共205名渔民…共向事故责任方索赔1.7亿余元,“以后可能还会追加”…事故周边及其西北部受污染海域的海洋浮游生物种类和多样性明显降低,生物群落结构受到影响。康菲石油被处以行政处罚20万元,经行政调解,该公司另出资10亿元,用于解决河北、辽宁部分区县养殖生物和渤海天然渔业资源损害赔偿补偿问题。不过,同样位于渤海湾周边的天津、山东,并不在上述补偿范围内…渤海湾溢油事故中其他省市渔民此前也进行了索赔…

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作者: 中國青年報

"渤海灣溢油案索賠“復甦”:205名山東漁民索賠1.7億元"

渤海灣溢油事故山東漁民索賠案沉寂1年後,近日再度“復甦”…山東青島海事法院…長島縣至少205名漁民索賠1.7億元,參加證據交換的代表共有7人。

渤海灣溢油事故發生於2011年6月…由美國康菲石油…和中國海洋石油…合作開發。國家海洋局此後認定事故造成油田周邊6200平方公里海域海水污染…康菲石油…在製度和管理上存在缺失、對應當預見到的風險沒有採取必要的防範措施。

前述山東漁民此次將康菲石油、中海油列為被告…山東煙台共205名漁民…共向事故責任方索賠1.7億餘元,“以後可能還會追加”…事故周邊及其西北部受污染海域的海洋浮游生物種類和多樣性明顯降低,生物群落結構受到影響。康菲石油被處以行政處罰20萬元,經行政調解,該公司另出資10億元,用於解決河北、遼寧部分區縣養殖生物和渤海天然漁業資源損害賠償補償問題。不過,同樣位於渤海灣周邊的天津、山東,並不在上述補償範圍內…渤海灣溢油事故中其他省市漁民此前也進行了索賠…

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作者: Xu Yaqi, Crienglish (China)

"Court starts hearing lawsuit over U.S. ConocoPhillips oil leakage case", 9 Dec 2016

The maritime court of Tianjin in China on Friday started hearing a case lodged by five local fishermen against two oil companies from the U.S and China for an oil spill in June 2011.  The ConocoPhillips and the China National Offshore Oil Corporation conducted cooperation in exploiting the Penglai 19-3 oilfield...where oil was spilled, polluting a sea area...The plaintiffs asked the two oil companies to compensate them...for their financial losses plus the cost of litigation.  They also demand a clean-up of Bohai's ecological environment.  According to a joint report...ConocoPhillips was the operator at the field when the oil was leaked, so all responsibilities should be claimed by the U.S. developer.  ConocoPhillips said in its statement of defense that the company had already paid one billion yuan for damages...However, fishermen from Shandong Province and Tianjin City...have not been covered by the compensation...It is reported that at that time there were 107 fishermen altogether from Tianjin and another 310 from Shandong filing this lawsuit that asked for a 1 billion yuan compensation.  However, the court didn't accept that case.  In 2015, the fishermen lodged litigation once again, and the accusation was accepted in the same year. 

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作者: District court for the southern district of Texas (USA)

[full text of the decision]

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作者: District court for the southern district of Texas (USA)

[full text of the decision]

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作者: Chenglin Liu, University of Pennsylvania Journal of Law and Social Change, Article 3 in Vol. 17 Issue 2

In 2011...ConocoPhillips’s subsidiary in China caused a massive oil spill in the Bohai Sea. A group of fishermen suffered severe property damage as a result of the oil spill. After a failed attempt to have their complaint heard in a Chinese court, the fishermen sued ConocoPhillips in the United States District Court in Houston, Texas. It is very likely that the Houston District Court will deem the Chinese courts the more appropriate forum for this case...This [paper] argues that the Chinese courts are neither an available nor an adequate forum for mass tort cases involving environmental damage...A superficial examination of Chinese law as written is insufficient, because the laws on the books in China are often disregarded...U.S. courts should allow for a substantial examination of how these laws are implemented when deciding the adequacy of a Chinese forum. Finally, [this paper argues that] it is in the interest of U.S. courts to impose liability on U.S. corporations that inflict tortious acts in foreign countries...

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作者: Associated Press

A group of 30 Chinese fishermen sued ConocoPhillips in U.S. federal court…, claiming their livelihoods have been greatly impacted by two oil spills last year from the company's offshore drilling operations in northeastern China. Attorneys for the fishermen said the lawsuit was filed…in Houston…because courts in China have blocked their efforts to file a similar suit…Calls and emails to ConocoPhillips were not immediately returned Monday. In prior statements, CEO Jim Mulva has apologized for the oil spills' impact, and the company has set up compensation funds… ConocoPhillips and its partner, the China National Offshore Oil Corp., reached a $160 million agreement in January with China's Ministry of Agriculture to settle compensation claims related to the spill…[T]he fishermen's attorney alleged that his clients have been excluded from making compensation claims because of a complicated and bureaucratic system that has been set up to distribute the funds.

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作者: Wang Xiaocong, Caixin [China]

More crude is leaking at an oilfield in the Bohai Sea…where a major spill occurred last year. In the latest incident, ConocoPhillips China said 0.6 tons of crude oil were spilled…ConocoPhillips China and China National Offshore Oil Corp. (CNOOC) own the oilfield. The latest spill occurred at a different platform than the two that leaked last year. CNOOC released a statement…that…rig operator ConocoPhillips…said that a safety device on a valve on the main pipe failed. ConocoPhillips also told CNOOC that it cleaned up the oil slick immediately after it was discovered. An inspection by CNOOC showed that…on June 4, no oil was seen on the water…

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