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Public interests in Jiangyin, also known as the All-China Environment Federation v. Jiangyin Port Container Company

Country/Territory
China
Type of court
National - higher court
Date
Sep 30, 2009
Source
UNEP, InforMEA
Court name
Wuxi Intermediate People’s Court
Seat of court
Wuxi City, Jiangsu Province
Reference number
No. 0021 (2009), First Instance, Civil Division, Wuxi [ (2009) 锡民初字第0021号]
Language
Chinese
Subject
Legal questions, Water
Keyword
Hazardous substances Inland waters Waste management Resource/damage valuation Access-to-justice
Abstract

In this case, the plaintiff is the All China Environment Federation, a Non-Governmental-Organization devoted to environmental protection. This case is the first case in China where a civil society organisation named as a plaintiff is accepted.

The case is about the pollution due to the discharge of the waste water of the Jiangyin Container Port Project in the surrounding neighbourhoods.

The case was brought in front of the People's Court of Qingzhen in Guizhou which ruled that Jiangyin Container should immediately terminate any actions that would have environmental impacts. However, during the legal proceeding the case was solved through mediation which resulting in the obligation for the defendant to apply for an official environmental impact assessment for administrative approval of its project within 15 days.

(Contribution: Case provided by Professor Tianbao QIN, Tang HE, and Han GAO, Research Institute of Environmental Law, Wuhan University, China)

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