Recently, China Biodiversity Conservation and Green Development Foundation (CBCGDF) issued a case to the Qingzhen Municipal People's Court of Guizhou Province for the case that CBCGDF sued China Aluminum Corporation and China Aluminum Co., Ltd. Guizhou Branch for the geological collapse caused by mining and did not fulfill the environmental impact assessment relocation obligation. The application for the first execution, the application for the re-insurance order, and the application for the additional defendant are explained in accordance with Article 106 of the Civil Procedure Law of the People's Republic of China and the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China. Articles 100, 169, and 170, apply to the court to order the two defendants to stop mining, and immediately follow the original Guizhou Provincial Environmental Protection Bureau [2007] No. 250 on the second branch of China Aluminum Corporation, Guizhou Branch The approval of the environmental impact report of the pit mining project (500,000 tons/year) in the Maiba mining area of the aluminum mine, and fulfilling the obligation of environmental assessment, Zhongzhai and Zhongzhai Primary School within 500 meters from the Longtanba Industrial Site, and residents who have not moved within the health protection distance are relocated. Relieve the threat to the safety of the villagers’ lives and property since 2007.
In addition, CBCGDF believes that the Guizhou Provincial Environmental Engineering Assessment Center, as a completed project acceptance unit, issued a report on completion acceptance after the defendant failed to complete the environmental assessment relocation obligation, and asserted that “the construction unit submitted the report according to the environmental impact report. The environmental protection measures and the requirements of the environmental protection authorities have basically implemented various environmental protection measures, which is obviously inconsistent with the facts. CBCGDF applied to the court to add the Guizhou Provincial Environmental Engineering Assessment Center as the defendant.
The case was sent back for retrial after the second instance decision. In the original first instance, CBCGDF had filed an application for an injunction, but the court did not deal with it. This is the second time the CBCGDF has applied to the court for an injunction in the emergency of this case.
Original Chinese article:
https://mp.weixin.qq.com/s/91WS3ZCWkogpwxi48vvLbg
By / Maggie