Background on Sakhalin II Lawsuit

On March 1, 2004 the Presnensky Court of Moscow agreed to review a lawsuit seeking the discontinuance of development of oil deposits in Sea of Okhotsk that is being undertaken by the Sakhalin II Project, Stage 2. This activity threatens the disappearance, reduction of the number, and infringement of the habitat of several Red Book (endangered) species. Preliminary session on this court case is scheduled for March, 15.

The Claimants are number of citizens and nongovernmental organizations from Moscow and Russian Far East. Lawyers representing the claimants are from the Moscow-based legal NGO, Legal Center “Rodnik.”

Respondents are the Government of the Russian Federation and the Ministry for natural resources of the Russian Federation, which have exclusive competence to maintain measures of ecological safety of oil-extracting projects on the continental shelf of the Russian Federation and to prohibit activities harming the natural environment. The company - operator of the project "Sakhalin - 2" - " Sakhalin Energy Investment Company, Ltd. " is named as the third party of the lawsuit.

The claim demands the discontinuance of activities that violate nature protection legislation of the Russian Federation and that threatens the disappearance, reduction of number, or infringement of habitat of the Red Book species listed by the International Union for the Conservation of Nature and the Russian Federation.

Namely, the claim demands the discontinuance of the following activities: - Construction of a PA-B platform within the limits of 12 nautical miles from coast, in a zone of the basic feeding ground area of the Western Pacific Grey Whale, near Piltun bay; - Dredging work during migration and feeding period of the grey whales; - Dumping of any industrial wastes in waters of Sea of Okhotsk; - Construction of the onshore pipeline by dredging across all rivers on all territory of Sakhalin Island.

Russian nature protection legislation forbids activity which can bring damage to, reduce the number of, or infringe the habitat of Red Book species. In this case this includes the Western Pacific Grey Whales, Stellar sea eagle and Sakhalin Taimen (endangered species of salmon).

According to the Russian legislation, fauna is the property of the Russian people. Threat of disappearance or destruction of Red book animals, and the rich bioresources of the Sea of Okhotsk, affect the rights of each citizen of Russia.

The second stage Sakhalin-2 project has already begun, and if changes are not made in the existing project, the people of the Russian Federation can lose the most valuable part of their natural property in the near future.

For additional information: Moscow, the Legal center "Rodnik"

Julia Jakel, Ekaterina Khmeleva e-mail: [email protected]

Phone/fax (095) 165-07-54.