Jinan Railway Transportation Intermediate Court accepts CBCGDF v. Changyi Petrochemical for public interest litigation over illegal sale of substandard diesel fuel
2022/1/11 17:41:00 本站

On August 28, 2019, CBCGDF submitted litigation materials to the Weifang Intermediate People's Court to file an environmental public interest lawsuit against Changyi Petrochemical for illegally selling ordinary diesel fuel with substandard sulfur content to logistics transport enterprises, causing air pollution and infringing on the public interest of society. The Weifang Intermediate People's Court of Shandong Province reviewed the litigation materials and filed a case on the spot. After the case was heard, the Weifang Intermediate People's Court of Shandong Province issued (2021)Final judgment of civil case (1256)on February 27, 2021, ruling that the defendant Shandong Changyi Petrochemical Co., Ltd. paid the cost of repairing the ecological environment damage caused by its sale of non-standard diesel fuel (including the cost of repairing the ecological environment from the beginning of the pollution to the (including the cost of loss of ecological and environmental functions during the period from the start of the repair to the completion of the repair) of RMB 1,802,400, ordered the defendant Shandong Changyi Petrochemical Co., Ltd. to apologize in a mainstream newspaper in Shandong Province for its pollution of the environment involved in the case, and supported the CBCGDF’s requests for payment of travel expenses and agency fees and so on.

This case is a civil environmental public interest litigation case, its first trial should be formed into a seven-member collegial court, and the first trial of this case was conducted according to a three-member collegial court. on April 1, 2021, the defendant Shandong Changyi Petrochemical Co., Ltd. filed an appeal on the grounds of procedural errors in the first trial, and the Shandong Provincial High People's Court issued a ruling on July 9, 2021 (2021) Lu Civil Final 1256 civil ruling issued a ruling to revoke the Shandong Provincial Weifang Intermediate People's Court (2019) Lu 07 Min Chu 982 civil judgment, directing the case to be heard by Jinan Railway Transportation Intermediate Court, and now the case has been re-entered.

With the rapid development of the economy and the increase of social needs, the use of automobiles has increased significantly, and automobiles have become an indispensable means of transportation for modern humans. In the rapid development of automobile industry and increasing ownership, automobile exhaust emissions have also brought new atmospheric pollution, so controlling automobile exhaust emissions is an important way to reduce automobile exhaust pollution of the atmosphere. The use of fuel with excessive sulfur content in automobiles will increase the emission of PM2.5, nitrogen oxides and other pollutants in exhaust gas. As a large petrochemical enterprise, Changyi Petrochemical, knowing that its sale of ordinary diesel fuel with sulfur content not in compliance with the standard is bound to cause serious air pollution, still disregarded the national mandatory laws and regulations and illegally sold ordinary diesel fuel with sulfur content not in compliance with the standard. Its behavior is not only detrimental to the prevention and control of air pollution in Shandong Province, but also adversely affects the air environment in the surrounding areas, which is detrimental to the public interest of the society and should bear the corresponding legal responsibility according to law.

I will continue to report on the follow-up progress of this case.


Original Chinese Article: https://mp.weixin.qq.com/s/84NxbrUUvcya6sF3PdC61g

Translator/Lucy

Contribution

https://www.paypal.me/CBCGDFChina

http://www.cbcgdf.org/English/ConfirmDonaTion/0.html