Lawyers Tang Huadong and Sunpeng Require the State Oceanic Administration To Disclose Information Concerning Permitting ConocoPhillips China to Resume Production
On February 27th, 2013 lawyers Tang Huadong and Sun Peng of BeijingDHH (Shanghai) Law Firm submitted an application for Disclosing Information to the State Oceanic Administration. The Application required the Administration to disclose the documents on environmental supervision and inspection according to which the Penglai 19-3 Oilfield of ConocoPhillips China has been permitted to resume production.
On February 16th the State Oceanic Administration declared that ConocoPhillips China had obtained the approval document for the Report on the Overall Development Plan and Environmental Influence regarding Penglai 19-3 oilfield in Bohai Bay, according to which ConocoPhillips China was permitted to progressively resume operations of this oilfield. In June 2011 a serious oil spill accident occurred in this oilfield. About 700 barrels of crude oil flowed into the sea and 2500 barrels of oil-based drilling mud were deposited on the seabed. This caused serious environmental disaster to the marine ecosystem of Bohai Sea. In September of the same year this oilfield was ordered to halt production by the State Oceanic Administration.
According to Dr. Tang Huadong examination and approval by the State Oceanic Administration regarding the resumption of operations of this field was not undertaken in conformity with legal procedures, infringing the right-to-know and the right-to-participate of citizens. Meanwhile the examination and the approval of resuming operations are among major administrative licensing acts, which are seriously illegal and inappropriate because the lack of procedures of both publicity and hearing. Lawyer Sun Peng directly questioned the improvement of the process which caused the oil spill and asked the State Oceanic Administration for the reason why the resumption of operations was approved so hastily.
At 9:15 that day Ms. Liu Bin at the Office of Policies and Laws of the State Oceanic Administration accepted the application of the two lawyers and agreed to respond promptly upon reporting to leaders of the Bureau.
Recently the government has repeatedly asked all administrative organs to take the lead in strictly enforcing laws and regulations, all the central state organs must learn how to resolve problems through rule by law, and all administrative organs must consciensciously accept social supervision by law enforcement activities. In this context it will ne notable how the National Bureau of Oceanography will respondto the application by lawyers for disclosing law enforcement information.
It is reported that the two lawyers who applied for information disclosure are both Shandong people. They wrote at the end of their application:“ We are closely associated with Bohai, which is right to the north of our hometown Weifang and where our beloved parents live. The water of Huangpu River flows through the Yellwo Sea and the Bohai Sea to the Pacific Ocean. Though we are minor lawyers we keep in mind a great China!”