Catalogue of Typical Cases of People's Courts Adjudicating Environmental Resources to Ensure the High-quality Development of the Yangtze River Economic Belt
One、Defendant Yi Wenfa and others illegally produced drug-making materials、Environmental pollution case
Two、The defendant unit: Chongqing Shouxu Environmental Protection Technology Co., Ltd、Defendant Cheng Long et al
Three、Defendant Deng Wenping in the case of environmental pollution
Four、All-China Environmental Protection Federation v. Yichun Zhong'an Industrial Co., Ltd. et al., a public interest lawsuit on water pollution
Five、China Environmental Protection Foundation v. Kaifa Xinquan Water (Yangzhou) Co., Ltd., a public interest lawsuit over water pollution
Six、Hunan Yiyang Environmental and Resource Protection Volunteer Association v. Hunan Linyuan Paper Co., Ltd., a public interest lawsuit over water pollution
Seven、The People's Procuratorate of Kaihua County, Zhejiang Province v. Quzhou Ruilijie Chemical Co., Ltd., an environmental civil public interest lawsuit
Eight、Yuexi County Meili Hydropower Station v. Yuexi County Environmental Protection Bureau, a case of environmental protection administrative decision
Nine、The People's Procuratorate of Jianchuan County, Yunnan Province v. the Jianchuan County Forest Public Security Bureau, a public interest litigation case for negligence in performing statutory duties
Ten、The People's Procuratorate of Dianjun District, Yichang City, Hubei Province v. Yichang Dianjun District Environmental Protection Bureau, an administrative public interest litigation case of negligence in performing statutory regulatory duties
A typical case of environmental resources adjudication by the people's courts to ensure the high-quality development of the Yangtze River Economic Belt
One、Defendant Yi Wenfa and others illegally produced drug-making materials、Environmental pollution case
[Basic facts of the case]
April 2014，Defendant Yi Wenfa and others rented a private house in Guiyang City, Guizhou Province、Abandoned factory buildings, etc，Exploitation of illegally purchased hydrochloric acid、toluene、Bromophenylacetone and other processing to produce ephedrine。2015Between May and January 2016，Defendant Yi Wenfa et al. in the process of illegally producing ephedrine，for the discharge of production wastewater，Construction of a sewage tank outside the plant、Laying of sewage pipes，The production wastewater is led through the sewage pipe to a karst cave about 70 meters away from the plant for discharge。2016January，The public security organs seized 6.188 kilograms of ephedrine at the processing site involved in the case、Toluene 11,700 kg、3080 kg of hydrochloric acid、13,000 kg of bromopropiophenone。Identified，Yi Wenfa et al. produce ephedrine、The wastewater discharged is hazardous waste。
【Judgment Result】
The Qingzhen Municipal People's Court of Guizhou Province held in the first instance，The acts of the defendant Yi Wenfa and others have constituted the crime of illegally producing narcotic substances；Wastewater from the production of toxic substances that are hazardous substances is discharged from karst caves，Serious pollution of the environment，His actions also constitute the crime of polluting the environment，Punishment for multiple offences shall be combined。Yi Wenfa and others were sentenced to fixed-term imprisonment ranging from eight to 10 years，and fines ranging from 110,000 yuan to 130,000 yuan，and seized narcotic substances、The tools of the crime were confiscated in accordance with law，to be destroyed。The Guiyang Intermediate People's Court upheld the original judgment in the second instance。
【Typical Significance】
This case is an environmental pollution case caused by the illegal production of narcotic substances。Defendant Yi Wenfa et al. in the process of illegally producing ephedrine，Construction of sewage tanks in violation of state regulations，Laying of sewage pipes，The production wastewater containing hazardous wastes is led to the karst cave for discharge through the sewage pipe，Serious pollution of the environment。A karst cave is an underground space formed by karst action of soluble rocks，It is mostly distributed in the Yangtze River basin，It contains abundant water resources。But karst ecosystems are fragile，The carrying capacity of the environment is small，The caves are mostly interconnected，Once the pollution is damaged, it is difficult to remediate and remediate。The court of first instance took into account the particularity of the defendant's criminal conduct in this case，It varies according to the legal interests infringed，The defendant was convicted separately for the different acts committed、Punishment for several crimes，Changed the past neglect of environmental protection，In similar cases, the punishment of one felony is often adopted、A way to deal with the fight only on drug-related charges。In this case, he was convicted of the crime of illegally producing narcotics and the crime of polluting the environment，It shows that the people's courts have always adhered to the principle of severely punishing drug-related crimes in accordance with the law、Intensify the punishment for the crime of producing narcotic substances，It also reflects the people's courts' determination to take a zero-tolerance attitude to protect the people's lives and health and the public interest of the environment in accordance with the law。
Two、The defendant unit: Chongqing Shouxu Environmental Protection Technology Co., Ltd、Defendant Cheng Long et al
[Basic facts of the case]
The defendant, Shouxu Environmental Protection Company, is an enterprise with second-level qualification for industrial wastewater treatment。2013December 5, 2019，Shouxu Environmental Protection Company signed an agreement with Chongqing Zangjinge Property Company，It was agreed that Shouxu Environmental Protection Company would operate the wastewater treatment project of Chongqing Zangjinge Electroplating Industrial Center from December 5, 2013 to January 4, 2018。Shouxu Environmental Protection Company is committed to ensuring that 100% of the wastewater discharged into the sewage treatment station is treated，Ensure that the effluent quality meets the standards after treatment，Eliminate the occurrence of excessive wastewater discharge and direct discharge。In the course of operating the project，The project site management personnel found that there was leakage in the No. 1 regulating tank，Report to Cheng Long, the legal representative of Shouxu Environmental Protection Company。Cheng Long convened a meeting of the project staff，It is required to use the leakage of the No. 1 regulating tank to secretly discharge the electroplating wastewater that has not been fully treated。The project site management then pumped the incompletely treated electroplating wastewater into the No. 1 regulating tank for leakage。2016May 4，The Chongqing Municipal Environmental Supervision Corps found the illegal discharge during an on-site inspection。Monitored by sampling，1Hexavalent chromium in leaking wastewater in the regulating tank、The total chromium concentration exceeded the standard by 29.5 times、9.9fold。
【Judgment Result】
The Chongqing Yubei District People's Court held in the first instance，The defendant, Shouxu Environmental Protection Company, violated state regulations，The illegal discharge of pollutants containing heavy metals exceeds the national pollutant discharge standard by more than three times，Serious pollution of the environment，His actions have constituted the crime of polluting the environment。Defendant Cheng Long is the legal representative of Shouxu Environmental Protection Company，He is the person in charge directly responsible for the environmental pollution of Shouxu Environmental Protection Company；The project site management personnel of Shouxu Environmental Protection Company are the personnel directly responsible for the implementation of environmental pollution by Shouxu Environmental Protection Company，All of them constitute the crime of polluting the environment。In view of the fact that the defendants have voluntarily surrendered、Confessions and other plots，Shouxu Environmental Protection Company was fined 80,000 yuan for the crime of polluting the environment；Cheng Long and others were sentenced to fixed-term imprisonment and fined。
【Typical Significance】
This case is a criminal case of water pollution caused by the discharge of sewage into the main stream of the Yangtze River。Chongqing is located in the upper reaches of the Yangtze River and the hinterland of the Three Gorges Reservoir area，The people's courts shall hear environmental resources cases in key areas in accordance with law，Severe punishment and heavy punishment of polluters，Construct an ecological barrier in the upper reaches of the Yangtze River。In this case，Shouxu Environmental Protection Co., Ltd. is an enterprise with industrial wastewater treatment qualification，In the process of entrusted treatment of industrial wastewater，Knowing that there is leakage in the regulating tank，The electroplating wastewater that has not been completely treated is still directly discharged into the main stream of the Yangtze River in the form of leakage，Seriously polluted the water body of the Yangtze River，shall bear criminal responsibility in accordance with law。After Shouxu Environmental Protection Company assumed criminal liability，Chongqing Municipal People's Government、Chongqing Liangjiang Volunteer Service Development Center is based on Chongqing Zangjinge Property Company、Shouxu Environmental Protection Company is a co-defendant，Filed a lawsuit for compensation for ecological and environmental damage and an environmental civil public interest lawsuit，The second defendant was required to bear the costs of ecological environment restoration in accordance with the law，and publicly apologize to the public。The people's courts hear criminal cases and lawsuits for compensation for ecological and environmental damage initiated by provincial and municipal people's governments、Environmental civil public interest lawsuits filed by social organizations，Give full play to the role of environmental resources adjudication functions，It provides a good model for serving and guaranteeing the construction of ecological civilization in the Yangtze River Basin。
Three、Defendant Deng Wenping in the case of environmental pollution
[Basic facts of the case]
Since February 2016，Defendant Deng Wenping acquired HW11 distillation residue (commonly known as coal tar) without obtaining relevant qualifications，It was transported to its factory located in Dongpo District, Meishan City, Sichuan Province for heating treatment、Packing and reselling。During this period, the defendant Deng Weiping was also employed、Deng Liangru、Ma Chengcai assisted in the transportation、Heating and dispensing。2016July，After the Environmental Protection Bureau of Dongpo District, Meishan City conducted an investigation，Deng Wenping and others have not stopped the processing of coal tar。2017January，The relevant administrative departments of Dongpo District, Meishan City jointly enforce the law，On-site seizure of processing equipment from the processing point、453.08 tons of coal tar and its refined products。Another 200 tons of coal tar have been processed and resold by Deng Wenping。After the four defendants voluntarily surrendered，All can truthfully confess all or most of the facts of the crime。
【Judgment Result】
The Intermediate People's Court of Meishan City, Sichuan Province, held in the first instance，Defendant Deng Wenping violated state regulations by illegally disposing of hazardous waste，Serious pollution of the environment，Constitutes the crime of polluting the environment。Deng Wenping illegally disposed of more than 100 tons of hazardous waste，The consequences are particularly severe。According to the role of each person in the joint crime、Surrender and other plots，Deng Wenping was sentenced to three years and two months in prison for polluting the environment，and a fine of 30,000 yuan；Sentenced Deng Weiping、Deng Liangru、Ma Chengcai was sentenced to prison terms ranging from eight months to two years，Probation periods range from eight months to two years，and fines ranging from 8,000 yuan to 20,000 yuan；Deng Weiping was banned、Deng Liangru、Ma Chengcai engaged in activities related to the processing and sale of coal tar during the probation period。
【Typical Significance】
This case is a criminal case of air pollution caused by the illegal disposal of hazardous waste，The people's courts have made useful explorations and innovations in the way cases are adjudicated，It embodies the fight against environmental pollution crimes、Attitude and determination to help win the battle for blue skies。Recently，Regional smog in the Yangtze River Basin、The trend of acid rain has been continuous for a long time，The people's courts need to give full play to the punitive and educational functions of criminal trials of environmental resources，The Yangtze River Delta will be tried in accordance with the law、Air pollution prevention and control cases in key areas such as the Chengdu-Chongqing urban agglomeration，Severe punishment and heavy punishment for air pollution crimes。In this case，Deng Wenping has no hazardous waste disposal qualifications，The processing equipment and processes have not been accepted and approved by the administrative supervision department，In the process of processing coal tar, a large number of toxic and harmful substances are directly discharged into the atmosphere without treatment。The court of first instance combined the criminal conduct of the four defendants and the circumstances of voluntary surrender to impose corresponding penalties at the same time，Considering the professionalism of hazardous waste disposal and the social harm that may be caused by improper disposal，Verdict: Deng Weiping、Deng Liangru、Ma Chengcai was banned from engaging in activities related to the processing and sale of coal tar during the probation period，It embodies the concept of environmental resources trial and prevention。
Four、All-China Environmental Protection Federation v. Yichun Zhong'an Industrial Co., Ltd. et al., a public interest lawsuit on water pollution
[Basic facts of the case]
The crude indium plant operated by Zhong'an Company does not have hazardous waste management qualifications、Failure to obtain approval for environmental impact assessment of construction projects in accordance with the law、It is not equipped with any pollution prevention and control facilities。Zhongan Company signed an agreement with Shantian Company，It was agreed that Shantian Company would provide financial support for Zhong'an's crude indium production，Shantian Company sent personnel to participate in the operation and management of Zhong'an Company and the purchase and sale of business，And agreed on the profit distribution ratio。Zhong'an Company signed a contract with Yanjiang Company，Yanjiang Company illegally supplied 291.85 tons of lead sludge to Zhong'an Company on eight occasions，Shantian Company paid 650,000 yuan to Yanjiang Company for illegal procurement of hazardous waste。Yang Zhijian, the person in charge of Bokai Company, signed a contract with Zhongan Company，Bokai Company will provide head ash to Zhongan Company、Lead sludge，Illegal extraction and utilization。Bokai Company provided 149.14 tons of head ash to Zhongan Company in 12 times。Long Tianyong Company illegally replaced the lead sludge with the nose ash with Zhong'an Company，351.29 tons of head ash were supplied to Zhong'an Company in 17 times。Yanjiang Company、Bokai Company、Long Tianyong provided a total of 792.28 tons of hazardous waste to Zhong'an。Zhong'an company in the production process，will be untreated containing cadmium、thallium、Waste liquid of heavy metals such as nickel and arsenic、wastewater，Through the way of private hidden pipes，It is directly discharged into the Yuan River and Fairy Lake basins，A particularly major environmental emergency that caused the interruption of the water supply of the third drinking water plant in Xinyu City。The All-China Environment Federation (ACEF) filed a lawsuit requesting that the defendants be ordered to immediately stop the illegal transfer、Disposal of hazardous waste，Apologize to the public；Bear the cost of pollution removal and environmental emergency disposal 9263301 yuan；The defendants against Yuan He、The ecological environment of the Fairy Lake basin was restored，and bear the cost of ecological environment restoration 21991610 yuan and the loss of service functions during the ecological environment restoration period、The cost of monitoring is 9952443 yuan。
【Judgment Result】
The Intermediate People's Court of Xinyu City, Jiangxi Province held in the first instance，Zhong'an Company secretly discharged heavy metal pollutants into the Yuan River by setting up hidden pipes privately, which directly led to the pollution of the Yuan River、Ecological and environmental events in the Fairy Lake Basin，There is a significant fault for the consequences of environmental tort damages；Zhong'an Company was financed by Shantian Company for its illegal operation of hazardous waste，Shantian Company is at fault for the consequences of environmental infringement damages；Long Tianyong Company、Bokai Company、The companies along the Yangtze River illegally supplied hazardous wastes to Zhong'an Company，There is also a certain degree of fault for the consequences of environmental infringement damage。Zhongan Company bears the main responsibility，Shantian Company、Long Tianyong Company、Bokai Company、The companies along the Yangtze River bear secondary liability。The defendants were ordered to immediately stop the illegal transfer、Disposal of hazardous waste，Apologize to the public；Reimbursement for emergency disposal costs、Emergency monitoring costs and expert technical consultation fees、Assessment Fee；Bear the cost of ecological environment restoration and compensate for the loss of service functions during the period from damage to the ecological environment to the restoration of the original state；Bear reasonable attorneys' fees。The Jiangxi Provincial High People's Court upheld the original judgment in the second instance。
【Typical Significance】
This case has made a useful exploration in the determination of the liability of several persons for environmental infringement。There are many rivers and lakes in the middle and lower reaches of the Yangtze River，The ecological function of the basin is seriously degraded，Nearly 30% of the important lakes and reservoirs are in a state of eutrophication，The ecological environment situation is grim。In this case，Zhong'an Company secretly discharged heavy metal pollutants through private hidden pipes, which directly led to particularly major environmental emergencies in the Yuan River and Fairy Lake basins，It is a direct polluter。Zhong'an Company was financed by Shantian Company for its illegal operation of hazardous waste，Long Tianyong Company、Bokai Company、The companies along the Yangtze River illegally supplied hazardous waste to Zhong'an Company，shall bear corresponding responsibility according to their faults。The people's courts are based on polluting the environment、The scope and extent of the ecological damage、The ease with which the ecological environment can be restored、factors such as the degree of fault of the infringing entity，Refer to expert advice，The absolute amount of hazardous waste is used as the basis for the size of the liability，The five companies were held liable on a pro rata basis，and apologized to the public in the provincial media，It effectively guarantees the protection of the water environment and the restoration of the water ecology in key areas。
Five、China Environmental Protection Foundation v. Kaifa Xinquan Water (Yangzhou) Co., Ltd., a public interest lawsuit over water pollution
[Basic facts of the case]
Hyflux Xinquan Company is located in Yangzhou Chemical Industry Park, Jiangsu Province，The business scope is the development of sewage treatment plants、business，It mainly accepts and treats the industrial wastewater of various enterprises in the chemical park and the resettlement community of agricultural songs、Domestic sewage in Qingshan Town。Due to the excessive discharge of pollutants from the wastewater at the outfall (the chemical oxygen demand and ammonia nitrogen content in the discharged wastewater exceeded the standard) from December 22, 2015 to April 14, 2016，The Yizheng Municipal Environmental Protection Bureau has imposed administrative penalties on Kaifa Xinquan Company several times，Hyflux Xinquan Company paid the administrative fine on time。In order to solve the problem of excessive wastewater discharge，Hyflux Xinquan Company has implemented a temporary dosing emergency plan and a long-term stabilization plan，The catalytic oxidation treatment project and the Yangtze River drainage outlet renovation project have been accepted by the builder and the construction party，However, it has not been approved by the environmental protection department。The China Environmental Protection Foundation sued and requested that Kaifa Xinquan Company be ordered to immediately stop the discharge of polluting the water environment and eliminate the danger of water pollution，Compensate for the water environment treatment costs caused by excessive sewage discharge;Publicly apologize to the public。2017July 5，The Management Committee of Yangzhou Chemical Industry Park and Kaifa Xinquan Company terminated the concession agreement for Yangzhou Qingshan Sewage Treatment Plant Project。
【Judgment Result】
The Yangzhou Intermediate People's Court presided over the mediation，The parties reach a mediation agreement：Due to the termination of the franchise agreement，Stop production that pollutes the water environment、It is objectively no longer necessary to discharge and eliminate the danger of water pollution，The China Environmental Protection Foundation agreed to withdraw the claim；Kaifa Xinquan Company compensates for the cost of damage to the ecological environment，It is used for environmental remediation in Yangzhou area，Identify a third-party remediation agency and a remediation plan，The determination of the restoration institution and plan shall be reviewed and approved by the competent department of environmental protection in Yangzhou and reported to the Yangzhou Intermediate People's Court for the record，The remediation plan should be implemented within one year after the review is confirmed，The China Environmental Protection Foundation has the right to supervise the implementation process and effect of the restoration plan；In view of the fact that Kaifa Xinquan Company has taken many measures after the occurrence of excessive sewage discharge and has achieved good results，He apologized in court and said that he would continue to actively promote environmental restoration，The China Environmental Protection Foundation (CEF) understands，Hyflux shall submit a written apology；Attorney's fees and other expenses shall be borne by Hyflux Xinquan；There are no further disputes between the parties。The Yangzhou Intermediate People's Court announced the content of the mediation agreement，During the announcement period, no individual or unit raised any objections。The Yangzhou Intermediate People's Court held after review，The above agreement is in accordance with the law，It does not violate the public interest，Confirmed。
【Typical Significance】
High-density layout of heavy chemical enterprises along the Yangtze River Delta region、High population density，The people's courts need to provide services and guarantees for the remediation of chemical pollution along the Yangtze River、Solid waste disposal、Special actions for ecological and environmental protection such as urban sewage and garbage treatment，Hear cases of industrial pollution in urban agglomerations and urban sewage in accordance with the law、Garbage disposal cases，Achieve legal effects、The organic unity of social and ecological effects。In this case，Hyflux Xinquan Company as industrial wastewater、Domestic sewage treatment enterprises，It should consciously fulfill the main responsibility of ecological and environmental protection，Incorporate environmental protection requirements into the business management mechanism，Actively carry out technological innovation and transformation，Only after the sewage treatment reaches the standard can it be discharged into the Yangtze River water body。However, the company still repeatedly discharged pollutants from wastewater from the outlet in excess of the standard and was subject to administrative penalties。After the public interest litigation case is accepted，The industrial park management committee promptly terminated the concession agreement with the polluting enterprise，The further expansion of the consequences of environmental damage is avoided。The people's courts give full play to the dispute resolution function of mediation，Focus on maximizing environmental benefits，Ensure that polluters fulfill their responsibilities for ecological and environmental restoration in a timely manner。
Six、Hunan Yiyang Environmental and Resource Protection Volunteer Association v. Hunan Linyuan Paper Co., Ltd., a public interest lawsuit over water pollution
[Basic facts of the case]
Linyuan Paper Company is located in Yuanjiang City, Hunan Province, Zhanghu Reed Field，The wastewater generated during the production process is treated by environmental protection facilities and discharged into Dongting Lake through the Caowei River。2016October 17，Linyuan Paper began upgrading its pollution treatment facilities。12January 1st，In the construction of aeration system infrastructure works，Due to the large difference between the liquid level of the aeration tank and the anaerobic tank, cracks appear in the isolation steel plate，As a result, part of the wastewater overflowed into the wastewater discharge pipeline of the original Zhanghu Paper Mill that had not been completely demolished through the aeration tank and entered the Caowei River。However, Linyuan Paper Company did not immediately shut down、Production、Emergency measures such as emission restrictions。12May 4th，The isolation steel plate between the aeration tank and the anaerobic tank suddenly breaks，Causing the liquid level of the aeration tank to rise，As a result, a large amount of wastewater directly entered the Caowei River through the wastewater discharge pipeline of the original Zhanghu Paper Mill，It flows into Dongting Lake。Same，The Yiyang City Environmental Supervision Detachment conducted an on-site investigation after receiving reports from the masses，Inlet in a concealed pipe、Water samples are taken from the sewage outlet for testing，The report shows the chemical oxygen demand (COD) at the outfall and at the inlet of the concealed pipe (untreated wastewater outlet).、Suspended solids、The total phosphorus suspended solids exceeded the standard。Linyuan Paper Company stopped production on the same day、Emergency measures to stop the discharge，And on December 5, the wastewater discharge pipeline of the original Zhanghu Paper Mill was dismantled and blocked with concrete。In order to ensure the stable discharge of pollutants, Linyuan Paper Company meets the discharge standards，The construction of a new sewage treatment project was commenced in April 2017。The Yiyang Environmental Protection Association filed a public interest lawsuit，It is requested that Linyuan Paper Company be ordered to remediate the polluted water environment elements，and bear the cost of ecological environment restoration (subject to judicial appraisal)；Bear the cost of pollution detection and inspection、Appraisal fee、Travel expenses、Specialist consultation fee、Case Acceptance Fee。
【Judgment Result】
The People's Court of Junshan District, Yueyang City, Hunan Province, held in the first instance，Linyuan Paper Company used the wastewater discharge pipeline of the original Zhanghu Paper Mill to discharge industrial wastewater to Caowei River，It flows into Dongting Lake。Tested，Suspended solids in wastewater discharged by the defendant、Chemical oxygen demand、Total phosphorus and other serious exceedances，In essence, it has caused pollution to the Caowei River and Dongting Lake，It harms the public interest。therefore，The defendant's actions violated the provisions of the Water Pollution Prevention and Control Law，shall bear civil liability for infringement，Eliminate the hazards to Caowei River and Dongting Lake，Bear the cost of ecological environment restoration。Verification of the amount of wastewater illegally discharged in excess of the standard and calculation of the cost of ecological environment restoration，Consider Linyuan Paper Company's excessive emissions、The illegal discharge was caused by the damage of the sewage treatment facilities during the technical renovation of the facilities，And the sewage discharge time is not long，In addition, after the incident, the defendant took the suspension of production、Emergency measures to stop the discharge and start the construction of new sewage treatment projects，Comprehensively consider the opinions of environmental engineering experts from the Hunan Provincial Academy of Environmental Protection Sciences，The amount of ecological environment restoration costs caused by this incident shall be calculated at 4.5 times the cost of virtual treatment of illegal discharge of wastewater，Linyuan Paper Company was ordered to pay 230,924.61 yuan for the restoration of the ecological environment；Pay 4,075 yuan for the travel expenses of Yiyang Environmental Protection Association；Bear the expert consultation fee of 4,000 yuan in this case。
【Typical Significance】
This case is a public interest litigation case of water pollution heard by the people's court across administrative divisions。The place where the pollution involved in the case occurred was the Yuanjiang River in Yiyang，In accordance with the arrangement of the Hunan High People's Court to centralize jurisdiction over environmental resources cases around Dongting Lake across administrative divisions，The case was heard by the Dongting Lake Environmental Resources Court of the Junshan District Court of Yueyang City，It is a vivid practice of centralized jurisdiction over environmental resources cases across administrative divisions。The court of first instance invited engineering experts from the Hunan Academy of Environmental Protection Sciences to appear in court as expert witnesses，Issuing opinions on professional issues such as the amount of compensation for ecological and environmental damages，It has effectively improved the objectivity of the determination of case facts，It has also effectively overcome the bottleneck problem of difficulty in adjudication and appraisal of environmental resources，It has certain reference significance for the handling of similar cases。
Seven、The People's Procuratorate of Kaihua County, Zhejiang Province v. Quzhou Ruilijie Chemical Co., Ltd., an environmental civil public interest lawsuit
[Basic facts of the case]
2 August 2005，Ruilijie Company signed a land lease contract with the first contracting group of Xin'an Village, Chinatown Town, Kaihua County，Lease about two acres of land for industrial solid waste landfill，A total of hundreds of tons of waste residue produced by the cracking of organic silica gel were landfilled、Waste activated carbon and other industrial solid waste。2016July，An investigation by the Kaihua County Environmental Protection Bureau found，The topsoil has been contaminated with black solid waste from the Ruilijie landfill，The main contaminant is benzene、toluene。2016November，The Kaihua County Environmental Protection Bureau made a decision to order Ruilijie to correct the illegal acts，Ruilijie Company was ordered to hand over the hazardous waste landfilled in Xin'an Village to a qualified unit for disposal。2016December，Ruilijie Company entrusts a qualified disposal company to dig out all the industrial solid waste and the soil that is felt to be contaminated by the senses，A total of 1735.8 tons。Residual soil was tested，It was confirmed that the leachate produced by the industrial solid waste buried in Xin'an Village had caused damage to the soil of the landfill, the water ecological environment of the nearby Majinxi River, and the ecological environment of groundwater。Monitored by sampling，Chemical oxygen demand in the on-site waterhole of the site after cleanup、Ammonia nitrogen、Total phosphorus、The total nitrogen concentration is exceeded；Chemical oxygen demand in the lower reaches of Majin Creek、Total nitrogen exceeded。After investigation and risk assessment of the contaminated land，The amount of benzene in the soil of the contaminated plot exceeds the acceptable risk level for human health，It needs to be fixed。The Kaihua County People's Procuratorate filed an environmental civil public interest lawsuit with the Quzhou Intermediate People's Court，It is requested that Ruilijie Company be ordered to compensate for the loss of ecological environmental service functions，Pay for the restoration of the ecological environment，Bear the appraisal fee and other expenses。Approved by the Zhejiang Provincial High People's Court，The Quzhou Intermediate People's Court ruled that the case should be heard by the Kaihua County People's Court。
【Judgment Result】
The People's Court of Kaihua County, Zhejiang Province held in the first instance，Ruilijie Company illegally landfills industrial solid waste，The facts of the damage to the ecological environment are clear，The civil liability for infringement shall be borne in accordance with the law。Comprehensive consideration is given to the specific circumstances of contamination that have been identified、The degree of subjective fault of the defendant、The scope and extent of environmental pollution、The ease with which the ecological environment can be restored、and other factors such as the service function of the ecological environment，The court ruled that Ruilijie Company should compensate for the loss of service function during the period when the ecological environment was damaged，Pay for the restoration of the ecological environment，Bear the appraisal fee and other expenses。
【Typical Significance】
This case is an environmental civil public interest litigation case in which soil was polluted by improper land use and water pollution was triggered。The people's courts are to hear soil pollution cases in accordance with law，Strengthen soil pollution control and restoration，Prevent toxic and harmful pollutants、Hazardous chemicals、Hazardous wastes enter the main and tributaries of the Yangtze River through the groundwater circulation system，It highlights that mountains, rivers, forests, fields, lakes and grasses are the basic concept of a community of life。In this case，Majin Creek is an important water area of Qianjiangyuan National Forest Park，It is a centralized drinking water source in Kaihua County。Ruilijie landfills industrial solid waste to produce leachate，It causes damage to the landfill soil, the water ecological environment of the Majinxi River and the ecological environment of groundwater，Adverse effects on water quality at the water source。The people's courts focus on the integrity of the ecosystem in the Yangtze River Basin，A variety of factors are taken into account，In accordance with the law, Ruilijie Company was sentenced to bear environmental tort liability，Compensate for the loss of service functions and the cost of ecological environment restoration during the period when the ecological environment is damaged，It effectively guarantees the water quality safety of drinking water sources。
Eight、Yuexi County Meili Hydropower Station v. Yuexi County Environmental Protection Bureau, a case of environmental protection administrative decision
[Basic facts of the case]
In 1994, the State Council designated the Harrier Luoping Nature Reserve as a national nature reserve。2001The former State Environmental Protection Administration approved the Master Plan for the National Harrier Luoping Nature Reserve (2001-2015)。2005The construction of the beautiful hydropower station in the core area of the Harriling Nature Reserve was started。2006The Yuexi County Water Conservancy Bureau approved the construction。2009The Environmental Protection Bureau of Yuexi County in Nianyuexi County argued that the beautiful hydropower station was located in the experimental area of the nature reserve，Retroactive EIA approval procedures。2017In the year, the Fifth Environmental Protection Supervision Group of Anhui Province successively inspected the illegal construction in the Harrier Luoping Nature Reserve，Prompt investigation is required。The Yuexi County Environmental Protection Bureau filed a case for investigation，It was recognized that the beautiful hydropower station was built after the establishment of a national nature reserve，Room、The nullah and culvert are located in the buffer zone of the Harrier Luoping Nature Reserve，The impoundment dam is located in the core area of the protected area。The Yuexi County Environmental Protection Bureau made the word Yuehuan suspension[2017]15"Decision to Order the Suspension of Production and Remediation"，The Meili Hydropower Station was ordered to immediately stop production；Make Yue Huan limit dismantling words[2017]04Notice of Ordering the Demolition of Facilities and Equipment within a Time Limit，Order the beautiful hydropower station to remove the power station's on-grid circuit breaker within a time limit，Remove the main transformer。The beautiful hydropower station is not convinced，sue to court，Request to revoke the "Decision to Order Suspension of Production and Remediation"，It is confirmed that the "Notice of Ordering the Demolition of Facilities and Equipment within a Time Limit" is illegal。
【Judgment Result】
The Qianshan County People's Court of Anhui Province held in the first instance，The construction of hydropower stations in the core area and buffer zone of the Hariluoping Nature Reserve violates the Regulations on Nature Reserves，It shall be closed in accordance with the law、dismantle。After the completion of the hydropower station，Although the Yuexi County Water Conservancy Bureau has gone through the approval procedures，However, it does not affect the Yuexi County Environmental Protection Bureau's determination of the facts of illegal construction。The Yuexi County Environmental Protection Bureau enjoys the power of administrative law enforcement in accordance with the law。The court of first instance rejected the claim of Meili Hydropower Station。The Anqing Intermediate People's Court upheld the original judgment in the second instance。
【Typical Significance】
This case is an administrative case arising from the development and utilization of natural resources in a nature reserve。Key ecological function areas in the Yangtze River Basin、There are many fragile ecological environment areas and nature reserves，The people's courts are adjudicating environmental pollution in the above-mentioned areas、In cases of ecological damage and exploitation and utilization of natural resources，The concept of protection priority needs to be upheld，Correctly handle the relationship between ecological and environmental protection and economic development，A baseline of ecological function guarantee will be constructed、The bottom line of environmental quality and safety、The three red lines for the use of natural resources are considered as important factors，Ensure that key areas achieve the important goal of expanding environmental capacity and ecological space。There is the largest existing natural secondary forest in the Dabie Mountains in the Harrier Luoping Nature Reserve，The flora is complex，The ecosystem is complete，It is of great value in the conservation of biodiversity and the conservation of water sources。The Harrier Luoping Nature Reserve was established first，Although the establishment of the beautiful hydropower station has been approved by the relevant departments，However, the plant is located in a buffer zone in a nature reserve，The dam was built in the core area of the reserve，Violation of the provisions of the Regulations on Nature Reserves。The people's courts support administrative organs in administering in accordance with law，It is determined that the beautiful hydropower station should be closed and dismantled in accordance with the law，It provides a strong judicial backing for the protection of nature reserves in the Yangtze River Basin。
Nine、The People's Procuratorate of Jianchuan County, Yunnan Province v. Jianchuan County Forest Public Security Bureau, an administrative public interest litigation case of negligence in performing statutory duties
[Basic facts of the case]
January 2013，Wang Shouquan, a resident of Jianchuan County, was commissioned by Yuxin Company to excavate roads in the state-owned forest area，It was discovered and stopped by the forest rangers of the Red Flag Forestry Bureau of Jianchuan County。After receiving the report, the Jianchuan County Forestry Bureau handed it over to the Jianchuan County Forest Public Security Bureau for investigation and punishment，On February 27, 2013, the Jianchuan County Forest Public Security Bureau delivered the Jianchuan County Forestry Bureau's Jianlin Penalty Zi [2013] No. 288 Forestry Administrative Penalty Decision to Wang Shouquan，It was decided to impose administrative penalties on Wang Shouquan and Yuxin Company by ordering them to restore their original state within a time limit and imposing a fine。After Yuxin Company paid the fine, the Jianchuan County Forest Public Security Bureau closed the case。Thereafter until November 9, 2016，The Jianchuan County Forest Public Security Bureau did not urge Yuxin Company and Wang Shouquan to fulfill their obligation to "restore the original state within a time limit".，The destroyed forest vegetation has not been restored。2016November 9，The Jianchuan County People's Procuratorate issued a procuratorial recommendation，It is recommended that the Jianchuan County Forest Public Security Bureau perform its duties in accordance with the law，Earnestly implement administrative punishment decisions，Take effective measures，Restore forest vegetation。The Jianchuan County Forest Public Security Bureau replied，The police went to Wang Shou's house to urge him to restore the original state within a time limit，In view of the death of Wang Shouquan，Execution termination。The Jianchuan County Forest Public Security Bureau did not issue a reminder to Yuxin Company。The Jianchuan County People's Procuratorate filed an administrative public interest lawsuit，It is requested that the Jianchuan County Forest Public Security Bureau's negligence in performing its statutory duties is unlawful，The Jianchuan County Forest Public Security Bureau was ordered to perform its statutory duties within a certain period of time。
【Judgment Result】
The People's Court of Jianchuan County, Yunnan Province held in the first instance，The Jianchuan County People's Procuratorate filed an administrative public interest lawsuit，Eligible to prosecute。In this case，After the Jianchuan County Forest Public Security Bureau ascertained the facts that Yuxin Company and Wang Shouquan had changed the use of forest land without authorization，The administrative penalty decision made in the name of the Jianchuan County Forestry Bureau is in accordance with the law。But in the more than three years since Yuxin paid the fine，The Jianchuan County Forest Public Security Bureau did not urge Yuxin and Wang Shouquan to restore the damaged forest land to its original state，There is no fulfillment on behalf of the people，The forest land that Yuxin Company and Wang Shouquan changed without authorization has not been restored to its original state，and did not provide evidence to prove that there was a relevant legitimacy、Reasonable cause，His conduct was clearly improper，It is an act of negligence in the performance of statutory duties。The court of first instance upheld the people's procuratorate's claim in accordance with the law。
【Typical Significance】
This case is an environmental administrative public interest lawsuit initiated by the procuratorate to urge the administrative organs to perform their regulatory duties in accordance with the law。The forest and grass resources at the headwaters of the Yangtze River are of great significance for promoting soil and water conservation and water conservation in the upper reaches of the Yangtze River，The people's courts in the upper reaches of the Yangtze River should give full play to their adjudication functions，Serve and guarantee the ecological environment management and forest and grass resources protection at the headwaters of the Yangtze River。In this case，The Jianchuan County Forest Public Security Bureau closed the case after Yuxin Company paid the fine，For more than three years, Yuxin Company and Wang Shouquan were not urged to restore the damaged forest land to its original state，There is no fulfillment on behalf of the people，As a result, the forest land that has been repurposed without authorization has not been restored to its original state。The people's court ordered the Jianchuan County Forest Public Security Bureau to continue to perform its statutory duties in accordance with the law，For urging administrative organs to fully perform their regulatory duties，Actively carry out ecological restoration、Ensure that forest vegetation restoration is typical。
Ten、The People's Procuratorate of Dianjun District, Yichang City, Hubei Province v. Yichang Dianjun District Environmental Protection Bureau, an administrative public interest litigation case of negligence in performing statutory regulatory duties
[Basic facts of the case]
Since 2014，Many villagers in Qiaohe Village, Aijia Town, Dianjun District, Yichang City, are engaged in pig breeding，There are no supporting facilities for pollution prevention and control that are put into production、Aquaculture wastewater is directly discharged from the sewage outlet along the Yangtze River to the Yangtze River without harmless treatment，Causing environmental pollution。2016May of the year，The Yichang Environmental Protection Monitoring Station sampled and monitored the livestock and poultry breeding wastewater in Qiaohe Village，The results of the test report showed the PH value of the riverside sewage outlet、Suspension volume、Chemical oxygen demand and other indicators exceed the standard value of the "Pollutant Emission Standards for Livestock and Poultry Breeding".。2016June 2，The Procuratorate of the Dianjun District issued a spot inspection to the Environmental Protection Bureau of the Dianjun District for public construction[2016]1No，It is recommended to urge pig farmers in Qiaohe Village to stop discharging breeding wastewater directly into the Yangtze River in accordance with the law。2016June 22，The Environmental Protection Bureau of Dianjun District is in accordance with the provisions of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding，Imposed a penalty (2016)2、3、4"Administrative Penalty Decision"，Three farmers in Qiaohe Village were ordered to stop production before November 30, 2016 with a pig breeding scale of more than 500 heads (slaughtered).。2016June 30，The Environmental Protection Bureau of the Dianjun District made a written reply to the procuratorial suggestion。2016Mid-November，The Qiaohe Village Villagers' Committee signed the "Agreement on Compensation for the Closure and Demolition of Livestock and Poultry Farms (Households) in the Prohibited Area of the Dianjun District" with 45 farmers (more than 50 pigs)。2016December 2，The Yichang Environmental Protection Monitoring Station monitors the livestock and poultry breeding wastewater in Qiaohe Village，The results show that there are still a number of indicators that exceed the standard value of the "Pollutant Emission Standards for Livestock and Poultry Breeding".。As of April 11, 2017，In Qiaohe Village, 45 pig farms (households) have been demolished，The number of live pigs in the closure area is about 790。As of April 13, 2017，The residual pollutants in the ditches formed by the illegal discharge of breeding wastewater by the pig farms (households) in Qiaohe Village for many years still exist。The Dian Military District Procuratorate then filed an administrative public interest lawsuit，The request for an order confirming that the Environmental Protection Bureau of the Dianjun District has not built supporting facilities for the prevention and control of pollution in the pig farm (household) in Qiaohe Village, Aijia Town、It has not been accepted or unqualified，The illegal act of directly discharging the aquaculture wastewater without harmless treatment into the Yangtze River is negligent in performing regulatory duties, and performing regulatory duties in accordance with the law。
【Judgment Result】
The People's Court of the Dianjun District of Yichang City, Hubei Province, held in the first instance，Qiaohe Village is located in the section from Gezhouba to Huya in Yichang District, the main stream of the Yangtze River，This section is the Chinese Sturgeon Nature Reserve、Fish and shrimp spawning grounds。Protect the ecological environment and biological resources of the Yangtze River Basin，It is of great significance to the ecological balance of the entire Yangtze River basin and even the national ecological security。In accordance with the provisions of Article 10 of the Environmental Protection Law and Article 5 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding，The Environmental Protection Bureau of the Dianjun District is responsible for the supervision of environmental protection and the prevention and control of pollution from livestock and poultry breeding within its jurisdiction。Pig farmers in Qiaohe Village have not built supporting facilities for pollution prevention and control、In the case of no acceptance or unqualified acceptance，The aquaculture wastewater is directly discharged into the Yangtze River without harmless treatment，It has destroyed the ecological environment of the Yangtze River section of the place，It harms the interests of the state and the public interest。The Environmental Protection Bureau of Dianjun District is the environmental supervision department，Regulatory measures are not in place，Neglect of regulatory duties，His actions are illegal。2016June，After receiving the procuratorial proposal from the procuratorate of the Dianjun District, the Environmental Protection Bureau of the Dianjun District，Under the leadership of the government of the Dianjun District, the work was actively carried out，It has sent people to the homes of pig farmers in Qiaohe Village many times to publicize the law and related policies；The "Administrative Penalty Decision" was made for three farmers with a pig breeding scale of more than 500 heads (slaughtered) in Qiaohe Village，It was ordered to stop production by November 30, 2016；In the name of the Office of the Environmental Protection Committee of the Dianjun District, a notice of supervision is issued to the relevant functional departments。As of April 11, 2017，In Qiaohe Village, 45 pig farms (households) have been demolished，At present, the number of live pigs in the closed area is about 790。The phenomenon of pig breeding wastewater directly discharged into the Yangtze River without harmless treatment in Qiaohe Village has been effectively controlled。Although most of the pig farms (households) in Qiaohe Village have stopped production，However, due to the fact that pig farms (households) have illegally discharged breeding wastewater for many years, the residual pollutants in the ditches still exist，The water quality of the three outlets along the river has not yet reached the discharge standards set by the state，The problem of environmental pollution has not been thoroughly addressed，Therefore, the defendant should continue to perform its supervisory duties。The court of first instance upheld the people's procuratorate's claim in accordance with the law。
【Typical Significance】
This case is an administrative public interest litigation case of water pollution caused by the discharge of pollutants from rural agriculture and livestock breeding。Recently，The degradation of ecological functions in the Yangtze River basin is still serious，The aquatic biodiversity index of the Yangtze River continued to decline，Many species of rare plants and animals are on the verge of extinction，Biodiversity conservation is urgent。The people's courts have passed the proper trial of industrial pollution、Cases of damage to aquatic and riparian biodiversity and habitats of species by urban and rural pollution，Strengthen the protection of species and their habitats and breeding sites in the Yangtze River in a timely manner。The pollution involved in the case occurred in the section from Gezhouba to Huya in Yichang City, the main stream of the Yangtze River，It is a Chinese sturgeon nature reserve、Fish and shrimp spawning grounds。As the environmental protection bureau of the Chinese sturgeon nature reserve and the prevention and control of pollution from livestock and poultry breeding, it is responsible for supervising the environmental protection of the Chinese sturgeon nature reserve，It is also necessary to clarify the importance of protecting the ecological environment and biological resources of the Yangtze River Basin to the ecological balance of the Yangtze River Basin，Full performance of regulatory responsibilities，Ensure that the damaged ecological environment in the protected area is restored in a timely manner。In this case，Although the Environmental Protection Bureau of the Dian Military District has taken active measures，However, the residual pollutants in the ditches formed by years of illegal discharge of aquaculture wastewater still exist，The water quality of the discharge outlets along the river has not yet reached the standard，The problem of environmental pollution has not been thoroughly addressed。The people's court found that he was negligent in performing his statutory duties and ordered him to continue to perform his duties，to promote administrative organs in accordance with the law、promptly、Perform administrative duties in a comprehensive manner，Ensure the timely restoration of the ecological environment along the river shoreline，Effectively protecting the species resources in the Yangtze River basin and the ecological and environmental interests of the people has a positive effect。
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