China Biodiversity Conservation and green development Foundation (CBCGDF) has taken legal action against CECEP Wind-power Corporation (Guangxi) Co., Ltd. (CECWPC) and Guangxi Zhuang Autonomous Region Forestry Department (hereinafter referred to as Guangxi Forestry Department) for environmental pollution as civil public interest litigation. This case was heard in the Higher people's Court of Guangxi Zhuang Autonomous Region on July 7, 2021.

       In the first instance of the case, the court of first instance, Yulin Intermediate people's Court, did not receive the evidence submitted by CBCGDF on the ground of "continuing to arrange the hearing", so CBCGDF could only submit it in the second instance. The three newly submitted evidences are as follows:

1. The announcement of the reply of the Department of ecological environment of Guangxi Zhuang Autonomous Region on the cancellation of the environmental report of Bo Baiyun Feizhang wind farm project;

2. Notice of the Department of ecological environment of Guangxi Zhuang Autonomous Region on rectifying the environmental problems of bobaiyunfeizhang wind farm project;

3. Report on self inspection of construction projects in Nalin nature reserve by natural resources bureau of Bobai County.

Combined with the documents and other evidences submitted to central environmental protection supervision in the first instance of this case, it can be proved that among the three administrative licenses involved in this case, the administrative license of Guangxi Department of ecological environment can be revoked, the original administrative license of Guangxi Department of land and resources can be replaced, and the administrative license of Guangxi Forestry Bureau can be found as negligence and invalid by the central environmental protection supervision group.

Lin (2017) No. 290 document is an administrative license granted by Guangxi forestry department to CECWPC on June 6, 2017, which is valid for two years. Because CECWPC has not applied for extension, this administrative license will automatically become invalid after it expires on June 6, 2019. In 2018, the central environmental protection supervision group found that in order to make way for the wind farm project, the Guangxi forestry department made the (2017) No. 290 decision without the approval of the autonomous regional government, which was obviously irresponsible. In August 2019, the Department of ecological environment of Guangxi Zhuang Autonomous Region announced the cancellation of the public announcement of the reply to the environmental impact report of Bo Baiyun Feizhang wind farm project. The reasons for the cancellation are as follows: administrative license has been implemented for those who do not have the qualification to apply for the project; the licensee obtains the license by deception and bribery. Through the above evidence, it can be proved that the original specific administrative act is invalid or revoked.

In the second instance, CECWPC refused to acknowledge receiving the revocation decision. But through the above evidence, it is enough to show that the original specific administrative act has been identified by the central environmental protection supervision group, the lack of responsibility is obvious and has been invalid. Therefore, the court of first instance held that this case does not belong to the scope of civil public interest litigation and has no factual and legal basis on the ground that it is necessary to examine whether the specific administrative act is legal or not.

CBCGDF wish that the court of second instance can make a fair judgment and meanwhile all government departments can pay close attention to the contents of the reply and publicity of the environmental impact report of the Bo Baiyun Feizhang wind farm project cancelled by the Department of ecological environment of Guangxi Zhuang Autonomous Region, and investigate the responsibilities of relevant personnel. We also hope that CECWPC and Guangxi forestry department can face the facts correctly, increased emphasis to the mistake and actively rectify it according to the opinions of the central environmental protection supervision.

Translator/Holly

Original text: https://mp.weixin.qq.com/s/Yqal45Df7TipriA8hpcRQg 

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