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Title:
Public interests in Jiangyin, also known as the All-China Environment Federation v. Jiangyin Port Container Company
Party:
China
Region:
Asia and the Pacific
Type of document:
National - higher court
Date of text:
September 30, 2009
Data source:
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
ECOLEX subject(s):
Water
Legal questions
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)