Fishermen’s lawsuit over China oil spills point to new tact in green fight

A court hearing of a multimillion-yuan lawsuit filed by a group of fishermen over two oil spills suggests mainland authorities might be more accepting of environmental litigation, but it also highlights the hurdles individuals face in challenging big polluters in court, legal experts say.

Hundreds of fishermen have filed lawsuits over the spills in Bohai Bay that began in June 2011, according to Beijing-based lawyer Jia Fangyi, but a group of 21 plaintiffs are the first to have their claim accepted.

The Tianjin Maritime Court yesterday wrapped up a two-day hearing into the 148.5 million yuan (HK$187.4 million) lawsuit without delivering a verdict, saying it would try to settle the case through mediation.

The fishermen claim ConocoPhillips and China National Offshore Oil Corporation (CNOOC) are responsible for loss of farmed sea cucumbers after about 700 barrels of oil and 2,500 barrels of slurry leaked from the jointly run Penglai 19-3 oilfield. About 6,200 sq km of water was contaminated, according to an official investigation that included the State Oceanic Administration (SOA). The spills were classified as "severe accidents".

The two companies paid 1 billion yuan to the Ministry of Agriculture for compensation to affected residents and months later, the SOA levelled a 1.68 billion yuan penalty for the ecological damage and to fund environmental protection efforts.

"Nearly 500 fishermen in Shandong filed a lawsuit in the Qingdao Maritime Court last year but have yet to receive feedback," Jia said.