Environmental public interest litigation cases
1.Chongqing Green Volunteer Federation v. Jianshi Huangchangping Mining Co., Ltd. of Enshi Autonomous Prefecture (civil public interest litigation for water pollution liability)
[Judgment Abstract]
In environmental civil public interest litigation, the people's court that orders the polluter to cease infringement may order it to re-conduct environmental impact assessment and not to resume production until the approval of environmental impact assessment documents and the acceptance of supporting environmental protection facilities.
Source Note: Notice by the Supreme People's Court of Issuing the Twenty-Fourth Group of Guiding Cases
2.People's Government of Chongqing Municipality and Chongqing Liangjiang Voluntary Service Center v. Chongqing Cangjin'ge Property Management Co., Ltd. and Chongqing Shouxu Environmental Protection Technology Co., Ltd. (environmental civil public interest litigation for ecological and environmental damages)
[Judgment Abstract]
a. An enterprise that has obtained a pollution discharge permit has a statutory obligation to ensure that its pollution discharge and treatment equipment operates normally and the discharges meet national and local discharge standards, and if it entrusts another entity to handle the discharge, it shall perform the obligation to oversee the entrusted entity; and if it knows that the entrusted entity discharges pollution illegally, but does not stop or even facilitates the discharge, it shall be jointly and severally liable for environmental pollution damage.
b. If a polluter causes damage to the ecology and environment by discharging pollution into waters, and the cost of ecological and environmental restoration is difficult to calculate, the consequences of damage shall be quantified by the approach of virtual treatment cost according to the provisions on the authentication and assessment of ecological and environmental damage issued by the environmental protection authorities, and the qualified ecological and environmental damage shall be calculated according to the types of pollutants illegally discharged, quantity of pollution discharges, exclusivity of the source of pollution, and other factors.
Source Note: Notice by the Supreme People's Court of Issuing the Twenty-Fourth Group of Guiding Cases
3.People's Procuratorate of Baishan City, Jilin Province v. Health and Family Planning Bureau of Jiangyuan District, Baishan City and Chinese Medicine Hospital of Jiangyuan District, Baishan City (environmental public interest litigation)
[Judgment Abstract]
A people's court may, when hearing an environmental administrative public interest litigation filed by a people's procuratorate, treat an environmental civil public interest litigation for the same act of polluting the environment filed by the people's procuratorate by means of separate filing, joint trial, and separate judgment according to the Administrative Procedure Law and its judicial interpretations, with the necessary modifications.
Source Note: Notice by the Supreme People's Court of Issuing the Twenty-Fourth Group of Guiding Cases
From:www.chinalawinfo.com
