SPC confirms the right of social organizations to bring environmental public interest litigation on tidal flat
2021/2/20 12:54:00 本站

On the last working day before the New Year holiday, the Legal Department of the China Biodiversity Conservation and Green Development Foundation (CBCGDF) received a civil ruling from the Supreme People's Court (SPC), which ruled that the Xiamen Maritime Court shall accept the environmental public interest litigation (EPIL) brought by CBCGDF against Pingtan County, Fujian Province for damaging the tidal flat by reclaiming the sea.


The case originated from the reclamation and breeding in Shanmen Bay, which had damaged the area's ecological environment. Moreover, the project did not undergo Environmental Impact Assessment (EIA) and carried out illegal construction, offshore aquaculture, which had been damaging ecology up till now.


In January 2018, CBCGDF filed a lawsuit to the Xiamen Maritime Court, which ruled not to accept the case because the social organizations were not subject in marine public interest litigation. CBCGDF appealed to the High People's Court of Fujian Province which ruled inadmissible on the same ground. In November of the same year, CBCGDF applied to the SPC for a retrial.

 

Brief description of the pictures:

The following are the Chinese application materials of CBCGDF to the SPC for retrial. It mentioned that CBCGDF refused to accept the first instance, appealed to the Fujian Provincial High People's Court to revoke the first instance and demanded the Xiamen Maritime Court to take the case.

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Translator/ Syying C



Original Chinese article

http://www.cbcgdf.org/NewsShow/4854/15312.html



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