“Who Pollutes Who is Responsible” is the Basic Principle of the Environmental Protection Law | The “Changzhou Toxic Land Case” Second Trial was Held on December 19, 2018
2018/12/20 16:45:00 本站

On the morning of December 19th, the second trial of the “Changzhou Toxic Land Case” which received much attention, was openly heard in the Higher People’s Court of Jiangsu Province. The appellant CBCGDF, Friends of Nature, the appellee Jiangsu Changlong Chemical Co., Ltd., Changzhou Changyu Chemical Co., Ltd., and Jiangsu Huada Chemical Group Co., Ltd. attended the lawsuit.


After the pre-trial meeting on the 18th, the collegial panel summarized three controversial points: whether the original polluters were responsible after the land was collected, whether the three appellees were responsible for the civil liability for the apology, whether to bear the legal fees, travel expenses, etc. As a result of the third controversy in the pre-trial meeting, the appellants and the appellees have fully expressed their opinions. The trial on the 19th only focused on whether the original polluters were responsible for the land after it was collected, and whether the three appellees to bear the civil liability of apology these two controversial focuses.


The appellants believe that land acquisition and storage is not equal to land transfer. Regardless of whether the government is repairing or not, “Who pollutes who is responsible” is the basic principle established by the Environmental Protection Law. The responsibility of the three appellees to bear the polluters is undoubted. It is impossible to evade the law by buying and selling land, transferring the responsibility of the polluter to the government, and using the taxpayer's money to reduce the cost of the polluter. As for the appeal requests for an apology, the appellants believe that the appellees have illegally disposed of the enterprises' dangerous or solid waste, the pollution facts exist and cause actual damages. The apology is a relief for the public to have a good ecological environment and for damage to their spiritual interests. the land and groundwater involved in the case are seriously polluted, which has caused serious pollution effects to the people in the surrounding areas. It is not only physical but also mental damage. It should be ordered to apologize. At least the appellees should apologize to the students of Changzhou Foreign Languages School.


The three appellees interpret the land acquisition and storage as land transfer and believe that the land transferee should be held responsible. Moreover, the government is already handling the repair, the purpose of litigation has been achieved, and there is no need to file public interest litigation. Due to historical reasons for pollution, and when the current risks are controllable and government repairs have been gradually completed, the tests are fully qualified and there is no need to apologize.


The appellants also issued legal opinions based on the law and facts regarding the omission of the litigant in the first instance judgment and the violation of the legal procedures, resulting in the appellants being changed the litigation request.


The case will be publicly pronounced on December 27th.


(Photo credit: CBCGDF)

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