On May 8, 2020, the Supreme People's Court held a press conference and released the "China Environmental Resources Trial (2019)" (White Paper), "China Environmental Justice Development Report (2019)" (Green Paper), typical case of environmental resources of the People's Court in 2019.

In order to comprehensively show the situation of the people's court's environmental resource trial work in 2019, the Supreme People's Court released the annual typical cases for the first time on the basis of the continuous release of China's environmental resource trial white paper. The 40 cases released this time have distinctive features of judicial protection of environmental resources. The specific performance is in the following three aspects:

First, it embodies the characteristics of the environmental resource trial cases.

Second, it embodies the professional requirements of environmental resource trials.

The third is to embody the functional role of environmental resource trials.

The two environmental public interest litigations (EPIL) filed by China Biodiversity Conservation and Green Development Foundation (CBCGDF) were selected as the typical cases of environmental resources of the People's Court in 2019.

The two typical cases are as follows: 31. China Biodiversity Conservation and Green Development Foundation (CBCGDF) v. Shenzhen Sumei Environmental Protection Co., Ltd. and Zhejiang Taobao Network Co., Ltd. in an air pollution liability dispute case. 32. China Biodiversity Conservation and Green Development Foundation (CBCGDF) v. Guizhou Hongde Real Estate Co., Ltd. adjacent to the right of way dispute.

This is following the 2017 CBCGDF Tengger Desert Environmental Pollution Series Case, the nation ’s first “toxic running tracks” public interest lawsuit and in 2018, CBCGDF v. Qinhuangdao Fangyuan Packaging Glass Co., Ltd.'s civil public interest litigation, CBCGDF's two more environmental public interest litigation (EPIL) cases were selected as the typical cases of environmental resources of the People's Court in 2019.

Case 32. China Biodiversity Conservation and Green Development Foundation (CBCGDF) v. Guizhou Hongde Real Estate Co., Ltd.: disputes over adjacent right of way

The basic facts

Guizhou Hongde Real Estate Co., Ltd. (hereinafter referred to as Hongde Company) built the Lewan International Housing Development Project and the project is supporting the construction of a golf course. The course is built along both sides of a local natural river, encircling the river into the course, and blocking the surrounding of the course, which hinders the free passage of local people's lives and excursions along the river. CBCGDF filed an environmental civil public interest litigation, requesting Hongde Company to immediately stop the infringement, eliminate the danger, remove the obstruction and pay an apology. During the trial of this case, Hongde Company dismantled the fence of the area involved in the case and entrusted a third-party organization to prepare the Guiyang City Lewan International Open Space Plan. The whole area has been unifiedly planned, and the planning scheme has designed a free passage for the public, which can be viewed along the river.

The results of judgment

After the mediation of the Qingzhen City People's Court in Guizhou Province, the two parties reached a settlement agreement as follows: CBCGDF respects the handling opinions of the administrative agency and agrees to complete the rectification of Dehong Company in accordance with the requirements of the administrative agency; Dehong Company carried out rectification in accordance with the plan approved by the administrative agency to ensure that the area involved in the case became an open public space. At the same time, invite CBCGDF or third-party organizations to supervise the above rectification situation; CBCGDF waived the lawsuit requesting Dehong to publicly apologize to the whole society in national media; Dehong Company voluntarily bears CBCGDF's reasonable expenses such as travel expenses, expert fees, investigation fees, and lawyer fees for this lawsuit, totaling 260,000 yuan; Dehong Company voluntarily bears the acceptance fee of 5,200 yuan in this case. The above mediation agreement has been publicized and confirmed according to law.

Typical significance

This case is a civil public interest litigation case caused by construction projects that affect the public's environmental rights such as traffic, sightseeing, and viewing. The project involved is a key investment attraction project in Guizhou Province. Although there are irregularities in the project construction process, it does not constitute a fundamental violation of the law. The People's Court organized a settlement agreement between the two parties to urge the construction unit to make rectifications and protect the public's environmental rights and interests. At the same time, it used environmental judicial means to protect the business environment and balance the interests between the economic development of the enterprise and the ecological environment to improve the investment environment. And played an active role in promoting high-quality economic development. The acceptance of this case has solved the path of judicial relief for encroaching on public resources, protected the rights and interests of the public to enjoy a better living environment, and provided fresh judicial cases for the expansion of the scope of environmental public interest litigation.

Original Chinese articles:

http://www.cbcgdf.org/NewsShow/4857/12386.html

https://mp.weixin.qq.com/s/rkoqRqSqr0uuyBK6KwDXAA

By / Maggie