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Panjiayuan animal-testing laboratory Residents of Buildings 4 and 6 at Panjiayuan Nanli, Beijing v. the Beijing Planning Commission

País/Territorio
China
Tipo de la corte
Nacional - corte superior
Fecha
Oct 24, 2003
Fuente
UNEP, InforMEA
Nombre del tribunal
Beijing Xicheng District People’s Court
Sede de la corte
Beijing
Juez
Lin Minhua; Qiao Jun; Qiang Ganghua
Número de referencia
No. 590 (2003), Last Instance, Administrative Division [ (2003) 一中行终字第590号]
Idioma
Chino
Materia
Tierra y suelos
Palabra clave
Manejo de tierras Calidad del aire/contaminación del aire
Resumen

In this case, the plaintiffs are a collective of residents of Panjiayuan Nanli in Beijing complaining about the planning in 2002 of an animal testing laboratory in their neighbourhood. Their argumentation is based on the fact that the odours resulting from such a place would affect their quality of life and that their neighbourhood already had an animal testing laboratory built in the 80’s. The plaintiffs made a first complain in front of the Beijing Planning Commission which rejected their requests.

The case was brought by the resident in front of the Beijing Xicheng District People’s Court. In 2003 The court condemned the Beijing Planning Commission to cancel the approval of the new laboratory because it did not respect national health standards such as the minimum distance between the laboratory and housings and it did not respect the environmental legislation because no environmental impact assessment had been previously done. The same year, the Beijing Planning Commission appealed the decision in front of the Supreme People’s Court, but the appeal was rejected.

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

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