Qingdao Lawyers Challenge ConocoPhillips China, Seeking Criminal Liability against Those Responsible for Oil Spill

On 8th June, World Oceans Day, China Environment Federation, being China’s largest official environmental organization, reported a criminal case to the Ministry of Public Security of China. The Federation requested prosecution of the ConocoPhillips China personnel responsible for the oil spill accident in Penglai 19-3 oilfield.   

The lawyers handling the case, Wang Haijun and Xu Hongliang from Deheng Law Group, said criminal reports have been made to the Ministry of Public Security and the Public Security Bureaus (PSB) of Liaoning Province, Hebei Province, Shandong Province and Tianjin City.

The oil spill, which caused severe pollution to more than 6,200 square kilometers of Bohai Bay, has been identified as a major accident caused by illegal operation. In accordance with Article 134 of China’s Criminal Law and other relevant regulations of China, the former President of ConocoPhillips China Georg Storaker and Vice-president Mark A. Nelson are both suspected of a criminal offence. They should be prosecuted and tried by China judiciary organs according to Chinese law. However, due to the negligence of China’s judiciary organs in performing their duties Mr Storaker and Mr Nelson have so far not been prosecuted and have, in fact, fled the country. The two Deheng Law Group lawyers stated that those responsible for marine environmental pollution must be punished and no violation of national judicial supremacy should be permitted.

This public action by the China Environment Federation follows its eleven applications for disclosing governmental information to the National Bureau of Oceanography and the National Development and Reform Committee, with an aim to punish marine pollution acts, preserve the marine environment and raise public concern for the marine environment.

It has been reported that, also on 8th June,, 43 fishermen from Shandong Province filed with the China Maritime Arbitration Committee an application claiming for losses caused by the ConocoPhillips oil spill pollution.