[Kreweoftruth] Louisiana Attorneys Sue Conoco on Behalf of Chinese Fishermen

[kreweoftruth at kreweoftruth.net]

Chinese Oil Spill Victims Turn toU.S. Court System to Seek Justice Against ConocoPhillips
July 2, 2012
Media Contact:                  StuartSmith (504) 593-9600
                                    TomBilek (713) 898-6304
                                    C.Brylski (504) 897-6110
 
Click here to getlegal filing: http://www.kreweoftruth.com/web/data/documents/Complaint-filed.pdf
Click here to getphoto: http://www.kreweoftruth.com/web/data/documents/chinese%201.jpg
 
          Aware of the on-going legal fight by Louisiana and GulfCoast fishermen impacted by the 2010 BP Oil Disaster, Chinese fishermen whoselivelihood from the Bohai Sea has been destroyed by a massive oil leak causedby ConocoPhillips have sought legal representation by Louisiana and Texasattorneys.
         “The one major difference between the Chinese episode and theongoing tragedy in the Gulf of Mexico is this: The suffering fishermen arecompletely shut out by a rigged justice system,” said Attorney Stuart Smith,Smith Stag LLC of New Orleans.
         ThirtyChinese fishermen are headed to U.S. District Court, Southern Division ofTexas, Houston today to seek relief from a massive oil spill which started inJuly, 2011 and continues to this day, destroying the ecosystem in the Bohai Seafrom which the fishermen earn a living.
         Thelegal team assisting the Chinese fishermen will be headed by Mr. Smith, SmithStag LLC of New Orleans, and Attorneys Tom and Kelly Bilek of Houston, Texas.All attorneys are currently battling BP on behalf of thousands of Gulf Coastfishermen, businesses and property owners harmed by the 2010 Gulf Oil Disaster.
         Mr.Smith said he will file proceedings to help the fishermen, even though ConocoPhilipshas issued reports claiming no evidence of environmental pollution.Nevertheless, Mr. Stuart said massive fish kills rot in the bay.
Bohai Bay isthe innermost inlet of the Yellow Sea, east of Bejing. Its waters are fertilebreeding grounds for scallops, clams, crabs and other types of seafood, but inrecent years the bay has also attracted interest for its offshore oil deposits.There are now six rigs in the Penglai 19- 3 oil patch owned by ConocoPhillips.
The Chinesegovernment initially refused to acknowledge the series of oil leaks which beganin the Bohai Bay in June, 2011. In 90 days, the slick in the Bay grew to thesize of the island nation of Singapore, said Mr. Smith.
“The Chinesecourt system has the power to decide whether a lawsuit in that country canproceed -- and they have completely shut down the fishermen's quest forjustice,” said Mr. Smith.
He said theChinese court system is characterized by what most Americans would expect in anoligarchy: a lack of due process and impartiality in judicial proceedings.Political control of courts and judges is commonplace, he added.         
“The fishermenhave no meaningful or adequate remedy because they have been deprived of all recoursesfor justice and treated unfairly,” said Mr. Smith.  “The fishermen cannotget a jury trial or even an official determination that they should or shouldnot be provided one.”
“There is oneplace in the world, however, where these humble fishermen still hope to havetheir day in court, and that is in the American legal system. It was in theU.S. where executives for ConocoPhillips made many of the decisions that led tothe environmental carnage in Bohai Bay. We are bringing the case in Houston,where ConocoPhillips is headquartered.” 
Under Chinese civil procedure law, a petitioner has toask the court’s permission to hear a case, but the court is required to acceptor reject the case within seven days. The Quingdao Marine Court has still notresponded to the suit filed by the fishermen on November 18, 2011, seven daysafter a Chinese government’s State Oceanic Administration (SOA) report foundConocoPhillips responsible for the 6,200 square kilometers of oil-pollutedwaters.
The SOA finedConocoPhillips only $31,000US.
In turn,ConocoPhillips publicly accepted responsibility for the spills and, accordingto an April 30, 2012 SOA press release, will pay $173 millionto the government over the next two years and also contribute $18 million byDecember 2014 toward social projects benefiting Bohai Bay.
News reports indicate the Chinesegovernment will utilize the funds to invest in local tourism ventures, evenwhile local fishermen decry the area as too polluted to benefit from tourism. 
“The lives of these local fishermenhave been turned upside down,” said Attorney Kelly Bilek. “In fact, the actionswhich have been taken—promoting a polluted bay--add cruelty to theirexperiences.”
         “TheBP and Conoco disasters are cautionary tales. Both demonstrate the risks ofdeepwater drilling and the global arrogance of Big Oil,” said Mr. Smith. Mr.Smith said the Chinese spill wascaused by ConocoPhillips when it failed to follow basic drilling safeguards andthen failed to respond quickly to cap the leaks, mimicking the pattern coveredin the BP Gulf spill.
Smith gainedinternational standing as an expert on oil company disasters in 2001 when hewon the second largest verdict against Exxon for radioactive pollution left onLouisiana lands. Recently, Smith has pursued claims against BP, heralding thatthe Gulf oil spill continues, that the dispersant used in the Gulf has causedhuman and ecological damage, and that many forms of suffering continues to thisday.
 
Relevant background links:www.stuarthsmith.com
 
 
 
SmithStag LLC (www.smithstag.com) (504)593-9600
Locatedin New Orleans, Smith Stag LLC, focuses on plaintiff-oriented, environmentaland toxic tort cases. Firm’s partners, Stuart Smith and Michael Stag pioneered the field of TechnologicallyEnhanced Radioactive Materials (TERM) oilfield waste litigation. TERM issometimes also referred to as NORM orNaturally Occurring Radioactive Materials (NORM), or TENORM. By-products of oiland gas exploration and production, TERM and NORM are radioactive, highly toxicand extremely harmful to human health. In 1992, Stuart Smith was the firstattorney to take an oil company to trial for damages caused from NORM/TERM. Ina 2001 Stuart Smith and Michael Stag jointly prosecuted the widely publicized Grefer case. A jury returned a verdict of $1.056 billion dollars against Exxon/Mobil Corporation, the world’s largest oil company, in favor of the firm'sclient after a six-week trial. The landmark verdict was listed in LawyersWeekly, USA as the second largest verdict in the United States for 2001. Thefirm also represents thousands of clients injured by toxic chemicals ordefective products, and personal injuries arising from commercial vessel,cruise ship and offshore accidents.


cheron brylski
the brylski company
3418 coliseum street
new orleans, louisiana 70115
cbrylski at aol.com
504.897.6110
504.460.1468 cell
504.897.0778 fax
www.brylskicompany.com
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