Case Analysis Of ConocoPhillips Oil Pollution Environmental Infringement

In June 2011,the oil spilling accident happened in the oil field exploited by ConocoPhillips and CNOOC led to various degrees of economic losses of 21 plaintiffs,Luan Shuhai,for example,who engaged in aquatic breeding in the sea areas around Leting.The plaintiffs claimed compensation to ConocoPhillips and CNOOC.The focus of the dispute was:whether the plaintiff had the legal right for aquatic breeding and compensation;whether there was causality between the economic losses of plaintiffs and the oil spilling of defendant;how to define extent and amount of compensation;whether CNOOC shall bear the joint liability.The plaintiffs did not acquire the legal qualification for aquatic breeding,so they did not have the legal right for it.However,the breeding aquatic was legal property of the plaintiffs.The-plaintiffs eligible for the right of claim.Therefore,they had the legal right for compensation.There was causality between the economic losses of plaintiffs and the oil spilling of defendant.The application of presumption of the causality shall be extended in practise.The plaintiff's proof of facts should not be required to meet the standard of necessity.The burden of proof shall be limited only to relevancy between the losses and pollution during the procedure of filling a case.The liability of compensation of plaintiff shall consist of cleaning fees and commercial losses.The cleaning fees is the cost of removing the harmful impurities.The commercial loss includes objective loss,loss of benefit and cost of assessment.The precedents and relevant cases can be used for reference to calculate the amount of compensation.CNOOC shall bear the joint liability for the compensation in this case.Regarding the compensation for damage exploration and exploitation of oil on the sea,the person directly responsible and other obligators that are bound by contracts or rules shall bear joint liability.Based on that,the obligators can pursue recoveries from the actual obligator.At the same time,we should set up an insurance fund system for damages,strengthen corporate responsibility for cooperation,and better protect the rights and interests of victims.