In order to further promote the handling of public interest litigation cases by the central ecological environmental protection inspectorate, today, the Supreme People's Procuratorate released 10 typical cases of procuratorial public interest litigation coordinated promotion of central ecological environmental protection supervision and rectification, involving hazardous waste, industrial wastewater, atmosphere, heavy metals and other pollution remediation, ecological restoration of agricultural land and nature reserves, illegal mining treatment, and standardized disposal of urban household waste.
The person in charge of the Eighth Procuratorate of the Supreme People's Procuratorate introduced that the central ecological environmental protection supervision is a major reform measure and major institutional arrangement personally planned, deployed and promoted by General Secretary Xi Jinping. The Measures for the Rectification of Central Ecological Environmental Protection Supervision clearly stipulates that procuratorial organs may lawfully carry out public interest litigation on ecological environmental damage transferred by inspectors. According to the unified deployment of the Supreme People's Procuratorate, procuratorial organs across the country focus on the problems reported by inspectors, give full play to the role of public interest litigation procuratorial supervision and support to make up for positions, and pursue the responsibility of violators for ecological and environmental damage in accordance with the law; Supervise and urge administrative organs with regulatory duties to perform their duties in accordance with law, and use the power of the rule of law to ensure that supervision and rectification are implemented.
As of December 2022, 2,982 relevant public interest litigation cases have been filed and handled, of which 100 civil public interest lawsuits have been filed and about 800 million yuan have been claimed from polluting enterprises and individuals; 2,715 administrative public interest litigation cases were filed and handled, and 1,790 pre-litigation procuratorial suggestions were issued, helping to promote comprehensive rectification and thorough rectification of problems. Procuratorial organs at all levels supported relevant departments in carrying out 84 consultations on compensation for ecological and environmental damages, and reached compensation agreements amounting to more than 1.3 billion yuan.
Regarding the issuance of the "Coordinated Promotion of Procuratorial Public Interest Litigation
Central ecological environmental protection inspector rectification
Typical Cases"
People's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates of the People's Liberation Army, and people's procuratorates of the Xinjiang Production and Construction Corps:
The Central Ecological Environmental Protection Inspectorate is a major reform measure and major institutional arrangement personally planned, deployed and promoted by General Secretary Xi Jinping. The Central Measures for the Rectification of Ecological Environmental Protection Supervision and Reform by the CPC Central Committee and the State Council clearly stipulate that procuratorial organs may lawfully carry out public interest litigation on issues of ecological environmental damage transferred by inspectors. According to the unified deployment of the Supreme People's Procuratorate, procuratorial organs across the country focus on the problems reported by inspectors, give full play to the role of public interest litigation procuratorial supervision and support to make up for positions, and pursue the responsibility of violators for ecological and environmental damage in accordance with the law; Supervise and urge administrative organs with regulatory duties to perform their duties in accordance with law, and use the power of the rule of law to ensure that supervision and rectification are implemented. In order to further promote the handling of public interest litigation cases by the central ecological environmental protection inspectors, the Supreme People's Procuratorate has selected and compiled 10 cases, including "Civil Public Interest Litigation Case of Inner Mongolia Autonomous Region Procuratorate v. A Company in Baotou for Hazardous Waste Pollution of the Environment", as typical cases and distributed them to you for reference.
Supreme People's Procuratorate
May 29, 2023
Coordinated advancement of procuratorial public interest litigation
Central ecological environmental protection inspector rectification
Typical case
1. Civil public interest lawsuit brought by the procuratorate of Inner Mongolia Autonomous Region against a company in Baotou for hazardous waste pollution of the environment
2. A series of public interest lawsuits brought by the procuratorate of Guangxi Zhuang Autonomous Region against a company for environmental pollution of a rare earth project
3. Civil public interest lawsuit brought by the Sanya Municipal People's Procuratorate of Hainan Province against a company in Sanya for illegally encroaching on nature reserves
4. Civil public interest lawsuit brought by the People's Procuratorate of Guiyang City, Guizhou Province against a company in Guizhou for illegally occupying agricultural land
5. Jinzhong City Procuratorate of Shanxi Province v. A coal gasification company air pollution civil public interest lawsuit
6. Beijing Changping District People's Procuratorate sued a stone company for illegally occupying agricultural land and illegal mining
7. The People's Procuratorate of Yichun City, Jiangxi Province urged the rectification of the administrative public interest litigation case of illegal sand mining along the Yuan River
8. The People's Procuratorate of Longgang City, Zhejiang Province urged the rectification of the administrative public interest lawsuit of environmental pollution by garbage dump sites in the reclamation area of Xincheng
9. Shanghai Songjiang District People's Procuratorate urges rectification of the Xiaokunshan Town landfill environmental pollution administrative public interest litigation case
10. The procuratorial organ of Hunan Province supervises and supports the people's government of Xiangxi Prefecture in carrying out an ecological environment damage compensation case against a manganese company
Procuratorial organ of Inner Mongolia Autonomous Region
sued a company in Baotou for hazardous waste pollution of the environment
Civil public interest litigation
【Keywords】
Civil Public Interest Litigation Hazardous Waste Pollution Expert Argument Enterprise Self-Repair Mediation
【Essentials】
In response to the central ecological environmental protection inspectorate's discovery of ecological and environmental problems involving central enterprises, the procuratorial organs take the initiative to follow up and supervise, file civil public interest lawsuits in accordance with the law, promote their strict performance of ecological environment restoration responsibilities, and ensure that the supervision and rectification are in place.
【Basic facts of the case】
From 2017 to 2018, a company in Baotou landfilled about 11,100 tons of waste residue after disposal in the factory without taking any anti-seepage measures, which was extremely risky. From September to October 2020, the company excavated and cleaned up 13,200 tons of waste residue mixture (including contaminated soil) after the disposal of overhaul slag, which was temporarily stored in the company's solid waste storage center.
【Investigation and Litigation】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. In November 2020, the Supreme People's Procuratorate handed over the case to the Baotou Municipal People's Procuratorate (hereinafter referred to as the Baotou Municipal People's Procuratorate) for handling. On January 24, 2021, the Baotou Municipal People's Court filed a civil public interest lawsuit against the lead. On February 17 of the same year, the Baotou Municipal People's Court issued a pre-litigation announcement.
In May 2021, the company involved in the case commissioned an appraisal agency to issue an appraisal opinion: the waste residue after the disposal of the overhaul slag was not hazardous waste, and the soil and groundwater test results after cleaning did not exceed the baseline of the determined assessment area. This opinion is inconsistent with the determination of the central ecological environmental protection inspectorate.
In view of the seriousness and complexity of the case, the People's Procuratorate of the Inner Mongolia Autonomous Region (hereinafter referred to as the Inner Mongolia Autonomous Region People's Procuratorate) decided to upgrade the handling on June 17, 2021. The Inner Mongolia Autonomous Region People's Court successively collected evidence materials such as the "Preliminary Investigation Report on the Land of a Company in Baotou" and the "Investigation and Assessment Report on the Soil and Groundwater Environment in and Around the Factory" from the Department of Ecology and Environment of the Autonomous Region, the Chinese Academy of Environmental Sciences and other departments, and determined that the waste residue after the disposal of the illegal landfill overhaul slag was the direct cause of soil and groundwater pollution. On November 18 of the same year, the Inner Mongolia Autonomous Region Academy invited experts from the Eco-Environmental Research Center of the Chinese Academy of Sciences and other units to hold a demonstration meeting to discuss whether the waste residue after the disposal of overhaul slag is hazardous waste. Experts attending the meeting believed that the "harmless" project of overhaul slag of a company in Baotou was the disposal rather than utilization of electrolytic aluminum overhaul slag, and according to the provisions of item 6 of the General Principles of Hazardous Waste Identification Standards, "solid waste after disposal of hazardous waste with toxic hazardous substances is still hazardous waste", the waste residue after the disposal of overhaul slag is hazardous waste. After review, the Inner Mongolia Autonomous Region People's Court held that the "General Principles of Hazardous Waste Identification Standards" made a strict distinction between the "utilization" and "disposal" of hazardous waste, and that the "harmless" treatment of overhaul slag by a company in Baotou did not constitute the utilization requirement of "extracting substances from solid waste as raw materials or fuel", so it decided to adopt the opinions of the expert discussion meeting. A company in Baotou also recognized the expert argumentation opinion.
Procurators go to the perimeter of the enterprise to investigate and collect evidence
After the investigation of the Inner Mongolia Autonomous Region People's Court was completed, the case was submitted to the Baotou Municipal People's Court for review and prosecution on November 25, 2021. On December 1 of the same year, the Baotou Municipal People's Court filed a civil public interest lawsuit with the Baotou Intermediate People's Court, requesting that a company in Baotou be ordered to dispose of the waste residue mixture after the disposal of 13,200 tons of overhaul slag in accordance with the hazardous waste disposal standards, and to remediate and treat the contaminated soil and groundwater.
During the litigation process, a company in Baotou entrusted the Chinese Academy of Environmental Sciences to issue a "Restoration and Governance Plan" and expressed its willingness to close the case through mediation. On December 29, 2021, the Baotou Municipal People's Court held a hearing on the reasonableness of the Restoration and Governance Plan and the feasibility of mediation, and the hearing officers unanimously endorsed the Restoration and Governance Plan and believed that mediation could be applied in this case. On December 30 of the same year, under the auspices of the court, the Baotou Municipal Court reached a mediation agreement with a company in Baotou. The Mediation Agreement confirms all the litigation claims of the procuratorate and determines that the Baotou Municipal Ecology and Environment Bureau acts as a third party to supervise the implementation of the agreement. On January 5, 2022, the court announced the Mediation Agreement in accordance with the law. On February 14 of the same year, the court issued a Mediation Letter in accordance with the mediation agreement.
On July 1, 2022, the Inner Mongolia Autonomous Region People's Court followed up and verified the company's performance of the Mediation Agreement and found that all the waste residue (including attached soil) after the disposal of 13,200 tons of overhaul slag was disposed of in accordance with the law, and the soil excavation and restoration of three landfilled waste residue foundation pits had been completed, of which one had been replanted and regreened. The company has invested 678 million yuan in technological upgrading and all governance and restoration work has been completed and passed acceptance in September 2022.
While handling civil public interest litigation cases, on January 11, 2022, the Inner Mongolia Autonomous Region People's Court issued social governance inspection recommendations to the Department of Ecology and Environment of the Inner Mongolia Autonomous Region, promoting the electrolytic aluminum industry within the Inner Mongolia Autonomous Region to carry out special rectification, and discovering and solving 14 environmental pollution problems related to the electrolytic aluminum industry.
【Typical significance】
Enterprises are not only the main body of the market economy, but also the main body of ecological environmental protection. In this case, the procuratorial organs worked together to handle the case in an integrated manner, giving full play to the role of public interest litigation procuratorial functions, and urging central enterprises to implement the central ecological environmental protection supervision and rectification responsibility; Organize and convene expert demonstration meetings to evaluate the scientificity of the appraisal opinions, and effectively solve the problem of inconsistent opinions on the determination of the nature of pollutants by all parties; After filing a civil public interest lawsuit, after a public hearing, a Mediation Agreement was reached with the enterprise involved under the auspices of the court, so as to promote the enterprise's independent performance of ecological restoration responsibilities. At the same time, the introduction of administrative departments as third-party entities to supervise the effects of environmental restoration and governance, and continue to follow up and supervise the implementation of the Mediation Agreement, effectively safeguarding the public interest.
Procuratorial organ of Guangxi Zhuang Autonomous Region
sued a company for environmental pollution of a rare earth project
Public interest litigation series
【Keywords】
Civil Public Interest Litigation Ammonia Nitrogen Wastewater Pollution Case Filing on a Case Coordinated Treatment Withdrawal of Prosecution
【Essentials】
When handling public interest litigation cases by central ecological environmental protection inspectors, procuratorial organs may have the people's procuratorate at a higher level file the case on a case-by-case basis and handle it in an integrated manner for industry-based ecological and environmental issues involving a wide range of areas, a large number of illegal subjects, and more complex illegal facts, to promote the realization of systematic governance.
【Basic facts of the case】
The environmental management of a company's subordinate enterprises is chaotic, illegal problems are prominent, and there are greater environmental risks. Among them, Company C and Company W dismantled the wastewater treatment facilities for the mine closure project that did not treat the wastewater in accordance with the requirements of the EIA to meet the standards stably; Although a project of Company H built wastewater treatment facilities after the mine was closed, the wastewater was not completely collected and treated; Some projects of Company W, Company G and Company H have problems such as incomplete wastewater collection and treatment and pollution of the surrounding water environment; The landslide emergency of Company Y project was not handled in place, resulting in the overflow of eluent into the external environment. Because the project involved in the case used the in-situ leaching recovery process to mine rare earths, the wastewater produced had a high ammonia nitrogen value, which continued to overflow and pollute the surrounding environment.
【Investigation and Litigation】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. In January 2021, the Supreme People's Procuratorate handed over the clues of the case to the Guangxi Zhuang Autonomous Region People's Procuratorate (hereinafter referred to as the Guangxi Autonomous Region People's Procuratorate) for handling. After preliminary investigation, the Guangxi Autonomous Region People's Court found that the facts of environmental pollution by the relevant rare earth projects objectively existed, and the administrative organ urged a company's subordinate enterprises to rectify through on-site verification, issuing rectification notices, ordering rectification, and requiring the preparation of environmental remediation optimization plans, but failed to thoroughly rectify in place. In view of the fact that the pollution problem is scattered in the four cities of Wuzhou, Yulin, Hezhou and Chongzuo, and the factories and mines involved are all subsidiaries of a company, the Guangxi Autonomous Region People's Court filed a case on June 11, 2021, with the chief procurator as the leader of the special case team, coordinating the case-handling forces of the four city-level procuratorates and relevant grassroots courts, and handling them in an integrated manner.
The special case team ascertained the pollution scope, pollution time, pollutant status, ecological environment damage, etc. of the rare earth project involved in the case after on-site inspection, sampling and testing, collecting environmental impact assessment reports and project closure and exit plans, questioning the parties, and commissioning appraisals. After comprehensive study and judgment, it was decided to give priority to promoting the restoration of damaged public interest through civil public interest litigation.
Case-handling cadres and police officers carry out on-site inspections and sampling
In response to the problem that a project of Company C dismantled all wastewater treatment facilities and failed to effectively treat the mining area, resulting in the continuous excess of ammonia nitrogen in the surrounding surface water, the Wuzhou Municipal People's Procuratorate (hereinafter referred to as the Wuzhou Municipal People's Court) filed a civil public interest lawsuit with the Wuzhou Intermediate People's Court on December 17, 2021, requesting that the company be ordered to compensate a total of 6.9146 million yuan for ecological and environmental damage costs. During the litigation process, Company C paid full compensation in place, and the Wuzhou Municipal Court withdrew the lawsuit according to law.
In response to a landslide in the first mining area of a project of Company Y, part of the eluent leaked into the external environment, causing the surrounding surface water ammonia nitrogen to exceed the standard, the Yulin Municipal People's Procuratorate (hereinafter referred to as the Yulin Municipal People's Procuratorate) filed a civil public interest lawsuit with the Yulin Intermediate People's Court on December 24, 2021, requesting that Company Y be ordered to compensate for ecological and environmental damage expenses totaling 462,300 yuan. During the litigation process, Company Y paid full compensation in place, and the Yulin Municipal Court withdrew the lawsuit according to law.
In view of the incomplete wastewater collection and treatment of some projects of Company W, Company G and Company H, which polluted the surrounding water environment, the procuratorates of Wuzhou, Chongzuo and Hezhou supported the local ecological and environmental departments to carry out consultations on compensation for ecological and environmental damages. The ecological and environmental departments of the three cities signed compensation agreements with the enterprises involved in the case, and the relevant enterprises paid a total of 4.7576 million yuan in compensation for ecological and environmental damages. At the same time, the procuratorates of Wuzhou, Chongzuo and Hezhou launched administrative public interest litigation in accordance with the law on the incomplete performance of duties by the ecological and environmental departments of the three cities in the initial stage of rectification, and promoted the realization of comprehensive rectification.
During the handling of the case, the procuratorate took the initiative to help analyze and find the hidden dangers of environmental pollution risks, and helped a company and its subsidiaries to invest more than 42.9 million yuan in problem rectification and production technology upgrading, so as to eliminate the risk of ammonia nitrogen wastewater pollution from the source.
【Typical significance】
After the central ecological and environmental protection inspector disclosed the environmental pollution problems of a subordinate enterprise of a central enterprise, the relevant administrative organs actively performed their duties and rectification, but failed to achieve the goal of restoring all public welfare. The Guangxi Autonomous Region People's Procuratorate makes overall plans to play the role of an integrated case-handling mechanism, and on the basis of comprehensively investigating the facts of public interest damage, adopts a unified and separate approach to filing and handling cases, giving play to the unique value of civil public interest litigation, lawfully pursuing the responsibility of enterprises involved in the case for damage to the ecological environment, and promoting the comprehensive restoration of damaged public welfare. On the premise that all litigation requests are realized, procuratorial organs are to withdraw prosecutions in accordance with law, bringing about the unity of the political, social, and legal effects of the case.
Sanya City People's Procuratorate of Hainan Province
sued a company in Sanya for illegal occupation of nature reserves
Civil public interest litigation
【Keywords】
Civil public interest litigation Destruction of nature reserves Acting on behalf of the performance Ecological environment damage compensation and public interest litigation linkage
【Essentials】
In response to the violation of the law's destruction of the forest resources of the nature reserve, the compensation right holder fails to reach a consultation agreement with the right holder for ecological and environmental damages, and has not filed a lawsuit for compensation for ecological and environmental damages, the procuratorial organ may file a civil public interest lawsuit in accordance with law to pursue the responsibility of the illegal entity for ecological and environmental damages.
【Basic facts of the case】
At the end of 2007, a golf course project of a company in Sanya started construction without land use planning permission and without going through the approval procedures such as conversion of agricultural land to construction land, forest land and environmental impact assessment, and was completed and put into operation at the end of 2008. The construction scope of the golf course is all located in Hainan Ganshiling Provincial Nature Reserve (hereinafter referred to as Ganshiling Reserve), covering a total area of 1588.8 mu, and 323.1 mu of forest land has been cut down and destroyed.
【Investigation and Litigation】
On July 16, 2020, the Hainan Provincial People's Procuratorate deployed a special action of "Public Interest Litigation to Promote Ecological and Environmental Protection Rectification", and handed over the clues of this case discovered by the second round of central ecological environmental protection inspectors to the Sanya Municipal People's Procuratorate (hereinafter referred to as the Sanya Municipal People's Procuratorate) for handling. After investigation, the Sanya Municipal People's Court found that during the construction of the golf course from 2007 to 2008, a company in Sanya was ordered three times to stop illegal acts and go through relevant procedures, but it refused to carry them out. In June 2012 and June 2015, the former Sanya Municipal Bureau of Land and Environmental Resources imposed administrative penalties on the company for illegal acts, imposed a cumulative fine of 26.707 million yuan, and ordered it to suspend business for rectification and ecological restoration several times from 2015 to 2017, but the company did not implement and continued to operate. In June 2019, after the golf course was completely closed by the Ganshiling Reserve Management Station, the Sanya Forestry Bureau and relevant units carried out ecological restoration work. As of August 14, 2019, a total of 49,500 trees of 8 species have been planted, with a afforestation area of 282.6 mu.
After the central ecological environmental protection inspector gave feedback on the problem, the Sanya Municipal People's Government held several special meetings to study, and formulated a rectification plan and rectification list according to the feedback requirements, and ordered the Sanya Forestry Bureau to fully perform its duties in accordance with the law to carry out rectification work. However, the Sanya Forestry Bureau failed to perform its duties in a timely manner to order replanting and recover the fees for the company's illegal deforestation and land occupation. On August 26, 2020, the Sanya Municipal People's Court issued an inspection recommendation to the Sanya Forestry Bureau. After receiving the inspection recommendation, the Sanya Forestry Bureau issued a notice ordering the company to pay the ecological restoration fee on September 18, 2020, and in October of the same year, it entrusted the Hainan Academy of Forestry Sciences and the Sanya Academy of Forestry Sciences to investigate the company's destruction of forest resources, and conducted two consultations with the company on ecological and environmental damage compensation on October 22 and November 4. After fruitless consultations, the Sanya Forestry Bureau transferred the clues of the case to the Sanya Municipal People's Court on November 8, 2021.
Procuratorial case-handling personnel are flipping through case-handling files and discussing the facts of cases
On November 16, 2021, the Sanya Municipal People's Court filed a civil public interest lawsuit and issued a pre-litigation announcement. After appraisal and assessment, the company's golf course project caused damage to 323.1 mu of forest land and garden land, completely destroyed the biodiversity and species richness of vegetation communities, basically lost the original ecological service functions, damaged the regional ecological environment, and the total value of ecological environment damage was about 32.0592 million yuan. On December 24 of the same year, the Sanya Municipal People's Court filed a civil public interest lawsuit with the Sanya Intermediate People's Court, requesting that the defendant Sanya company be ordered to compensate the defendant Sanya for the loss of forest resources, ecological restoration costs, loss of service functions during the period from damage to the ecological environment of the forest land to the completion of the restoration, appraisal and assessment costs, etc., caused by illegal occupation of the Ganshiling Conservation Area. On March 14, 2022, the Sanya Intermediate People's Court issued a judgment upholding all of the procuratorate's claims. At present, the judgment is being enforced, and the ecological restoration of the 323.1 mu of forest land damaged by the golf course involved in the case has been completed.
【Typical significance】
In response to the "stubborn diseases" discovered by the central ecological environmental protection inspectors that have damaged the forest resources of nature reserves for a long time, the procuratorial organs issue pre-litigation procuratorial recommendations for administrative public interest litigation after investigation and verification, and urge the administrative organs to perform their duties. When administrative organs actively perform their duties and repeatedly conduct consultations with the offender on compensation for ecological and environmental damage, the procuratorate gives full play to the role of civil public interest litigation to compensate for the position and petitions the court to order the offender to bear responsibility for ecological and environmental damage. Through the appraisal and full demonstration of professional institutions, while appealing for compensation for the value of forest resources and paying ecological restoration costs, a lawsuit claim for compensation for the loss of service functions during the period from the damage to the ecological environment and the completion of the restoration is put forward, so as to maximize the protection of the forest ecological environment.
People's Procuratorate of Guiyang City, Guizhou Province
sued a company in Guizhou for illegal occupation of agricultural land
Civil public interest litigation
【Keywords】
Civil public interest litigation Illegal occupation of agricultural land Loss of ecological environment service functions Fully responsible
【Essentials】
Where the offender voluntarily bears responsibility for the restoration of ecological environmental damage, but fails to make up for the loss of service functions between the damage to the ecological environment and the completion of the restoration, the procuratorial organ shall file a civil public interest lawsuit requiring it to fully bear responsibility for the ecological environment damage.
【Basic facts of the case】
Since 2014, a company in Guizhou has been preparing to build a bauxite mining area in the tank kiln of Weicheng Town, Qingzhen City, Guizhou Province, and since the official mining in 2015, it has illegally occupied 654.765 mu of agricultural land to mine bauxite without obtaining the approval permit for the use of land. The Qingzhen Municipal Public Security Bureau in Guizhou Province filed a case in accordance with the law in July 2019. After the case was discovered, the company went through the relevant land use procedures, obtained the approval of the land use permit, and at the same time compensated the losses to the farmers who contracted the land operation, and restored the treatment of the land in a different place. The Qingzhen Municipal Public Security Bureau decided to withdraw the case in November 2020.
【Investigation and Litigation】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. In April 2021, the Supreme People's Procuratorate handed over the case to the Qingzhen Municipal People's Procuratorate in Guizhou Province (hereinafter referred to as the Qingzhen Municipal People's Procuratorate) for handling. On July 6, 2021, the Qingzhen Municipal People's Court filed a civil public interest lawsuit and found out the fact that the company illegally occupied agricultural land through on-site investigation, collection of documentary evidence, questioning relevant personnel and mining operators, drone shooting and evidence collection, etc. After commissioned appraisal, the company caused direct economic losses, ecological restoration costs, loss of service functions during the period from damage to the ecological environment to the completion of restoration, and investigation and assessment expenses caused by illegal occupation of agricultural land, totaling 8.0557 million yuan.
Procurators carry out investigation and evidence collection work at the scene
After a pre-litigation announcement, the Qingzhen Municipal People's Court transferred the case to the Guiyang Municipal People's Procuratorate (hereinafter referred to as the Guiyang Municipal People's Procuratorate) for review and prosecution on April 1, 2022. The Guiyang Municipal People's Court found that the company compensated 924,800 yuan for direct economic losses to the farmers who contracted the land and completed the restoration of 515.9 mu of damaged forest land in situ and remediated the area of 515.9 mu, involving ecological restoration costs of 2,072,000 yuan. At the same time, in 2018, the company obtained the temporary land use right of 12.1168 hectares of collective land with the approval of the land and resources department for two years, and paid about 185,800 yuan for the loss of ecological value service functions during the period.
After review, the Guiyang Municipal People's Court held that although the company took remedial measures such as improving the approval of land use permits, compensating for direct economic losses, and completing replanting and regreening, it still needed to compensate for the loss of service functions between the damage to the ecological environment and the completion of restoration. On April 26, 2022, the Guiyang Municipal People's Court filed a civil public interest lawsuit with the Guiyang Intermediate People's Court in accordance with the law, requesting the company to compensate the company for the loss of service functions and investigation and assessment costs totaling 4.8731 million yuan from the damage to the ecological environment to the completion of the restoration. On May 18 of the same year, the Guiyang Intermediate People's Court held a public hearing of the case and supported all the claims of the procuratorate. At present, the judgment has been fully implemented.
【Typical significance】
Focusing on the problem of illegal occupation of agricultural land and damage to the ecological environment pointed out by the central ecological environmental protection inspector, the procuratorial organ adheres to the principle of "responsibility for damages", and promotes enterprises to fully bear the liability for ecological environmental damage in accordance with the law and effectively restore the damaged ecological environment by filing civil public interest lawsuits when enterprises take partial restoration measures such as improving land use permit approval, compensating for direct economic losses, and completing replanting and regreening.
Jinzhong City Procuratorate in Shanxi Province
v. a coal gasification company for air pollution
Civil public interest litigation
【Keywords】
Civil public interest litigation Air pollution Comprehensive rectification according to law Liability for ecological and environmental damage
【Essentials】
In response to the problem of illegal pollution discharge by enterprises harming the ecological environment, the procuratorial organs may urge the administrative organs to fully perform their regulatory duties in accordance with the law through procuratorial suggestions. When it is still difficult for administrative organs to achieve the effect of restoring the public interest after performing their duties, the procuratorial organs shall file a civil public interest lawsuit in accordance with law to pursue the responsibility of the offending entity for damage to the ecological environment.
【Basic facts of the case】
In May 2021, the second round of central ecological environmental protection inspections found that a coal gasification company in Taigu District, Jinzhong City, Shanxi Province, had long discharged about half of the coke oven flue gas directly through the private coke oven bypass baffle, and the coke oven flue gas desulfurization facility had not operated normally for a long time, resulting in dust pollution, air pollution and surrounding environmental pollution.
【Investigation and Litigation】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. The Supreme People's Procuratorate handed over the case to the Taigu District People's Procuratorate of Jinzhong City, Shanxi Province (hereinafter referred to as the Taigu District People's Procuratorate) for handling. After preliminary investigation, the Taigu District People's Court held that the behavior of a coal gasification company violated the relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, and the Taigu Branch of the Jinzhong Municipal Ecological and Environmental Bureau (hereinafter referred to as the Taigu Environment Bureau), which has regulatory duties, did not fully perform its duties in accordance with the law. On May 19, 2021, the Taigu District People's Court filed an administrative public interest lawsuit, and on May 24, 2021, it issued a procuratorial recommendation to the Taigu Environment Bureau, urging the bureau to perform its duties in accordance with the law. On July 5, the Taigu Environmental Bureau replied in writing that it had pushed to solve the problem of illegal pollution discharge and imposed a total fine of 1.625 million yuan on the coal gasification company for polluting the environment, and the company has paid all of it.
Tens of thousands of tons of coke stacked in the open without any cover to prevent dust (before rectification)
In view of the fact that the ecological and environmental damage caused by the illegal discharge of pollution by the coal gasification company has not been repaired after the administrative organ performed its duties in accordance with the law, the Taigu District Court filed a civil public interest lawsuit on July 29, 2021, and issued a pre-litigation announcement on July 30 of the same year. The Taigu District People's Court collected evidence of the company's illegal pollution discharge and damage to the ecological environment by visiting relevant administrative organs, collecting law enforcement files, questioning relevant personnel of the enterprise, and conducting on-site investigations. After commissioned appraisal, from October 1, 2019 to April 8, 2021, the company illegally emitted about 142 tons of sulfur dioxide and about 90 tons of nitrogen oxides, causing about 3.5976 million yuan in ambient air damage.
On September 18, 2021, the Taigu District People's Court transferred the case to the Jinzhong Municipal People's Procuratorate (hereinafter referred to as the Jinzhong Municipal People's Procuratorate) for review and prosecution. On November 8 of the same year, the Jinzhong Municipal People's Court filed a civil public interest lawsuit with the Jinzhong Intermediate People's Court. During the litigation, the company took the initiative to hand over 3.5976 million yuan of ecological and environmental damage compensation and 380,000 yuan of appraisal fees to the national treasury center of Taigu District, Jinzhong City. Because all the claims were fulfilled, on December 15 of the same year, the Jinzhong Municipal People's Court withdrew the lawsuit.
【Typical significance】
Air pollution prevention and control is an important part of the in-depth battle against pollution. After the central ecological and environmental protection inspector pointed out the problem, the procuratorate promptly followed up, and issued procuratorial suggestions in accordance with the law in response to the problem that the administrative organ was not performing its duties in place, and promoted it to effectively solve the problem of illegal pollution discharge by the enterprise involved in the case. At the same time, in accordance with the Civil Code, etc., the liability for ecological and environmental damage of illegal enterprises will be investigated, and the strictest system and the strictest rule of law will be implemented.
Beijing Changping District People's Procuratorate
v. a stone company
Illegal occupation of agricultural land and illegal mining
Criminal incidental civil public interest litigation
【Keywords】
Criminal incidental civil public interest litigation Illegal mining Illegal occupation of agricultural land Synergy of prosecutorial functions Restorative justice
【Essentials】
With regard to illegal occupation of agricultural land and illegal mining that seriously damages the ecological environment pointed out by the central ecological environmental protection inspector, the procuratorial organ shall, while pursuing the criminal responsibility of the offender, file an incidental civil public interest lawsuit in accordance with the law, requiring it to bear responsibility for ecological and environmental damage.
【Basic facts of the case】
A stone company in Beijing was established in May 2002, and its business scope is the production and sales of stone for incoming processing. Since September 2002, the company has illegally occupied collective land and state-owned land for house construction, site hardening, stockpiling, production and other activities without going through any land use approval procedures. From 2004 to September 2020, the company exploited dolomite mineral resources in Niujioling in the Yanshan Mountains without obtaining a mining license, resulting in the formation of steep slopes of the mountain, the exposed rock face, and the slag pile formed by mining waste seriously damaged the original vegetation, increased the risk of regional soil erosion, and seriously damaged the ecology.
【Investigation and Litigation】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. The Supreme People's Procuratorate handed over the case to the Beijing Changping District People's Procuratorate (hereinafter referred to as the Changping District People's Procuratorate) for handling. After preliminary investigation, the Changping District People's Court held that the company's illegal occupation and illegal mining violated the relevant provisions of the Land Management Law, the Mineral Resources Law and other relevant provisions, constituted a criminal offense, harmed the national interest and the social public interest, and should bear responsibility for ecological and environmental damage according to law. On December 16, 2020, the Changping District People's Court opened a criminal incidental civil public interest litigation case.
During the investigation, the Changping District People's Court set up a joint criminal and public interest litigation handling team, repeatedly went to the site of the case to investigate, intervened in the investigation, guided the public security organs to collect evidence, and strengthened communication and cooperation with the planning of nature, ecological environment, landscaping and territorial governments, collected the company's industrial and commercial registration information, administrative punishment materials, the lease contract of the land involved in the case, the planned use, the current land type, the remote sensing image map over the years, the land damage appraisal opinion and more than 50 relevant supporting materials, and comprehensively sorted out the company's operation and illegal occupation over the years and illegal mining. After commissioned appraisal and assessment, the total amount of illegal mining of dolomite mineral resources of the company is 152097 cubic meters, the ore volume is 410,700 tons, and the ore market price is 3.9711 million yuan. The company's illegal occupation and illegal mining and destruction led to the destruction of the original vegetation and soil in the assessment area, the loss of ecosystem service functions, and the damage to the ecological environment of 177.79 mu.
On March 10, 2021, the Changping District Court issued a pre-litigation announcement. On August 26 of the same year, the Changping District People's Court filed a criminal incidental civil public interest lawsuit with the Changping District People's Court of Beijing Municipality, pursuing the company's criminal responsibility according to law, and applying for an order ordering the company to bear a total of more than 25 million yuan in compensation for ecological environment restoration fees, loss of service functions during the period from damage to the ecological environment to the completion of the restoration. On November 20 of the same year, the Changping District People's Court heard the case. On April 27, 2022, the Changping District People's Court rendered a first-instance judgment, and the Changping District Court's litigation claims were fully supported. Later, the company appealed against the first-instance judgment. On August 19 of the same year, the Beijing No. 1 Intermediate People's Court ruled to dismiss the appeal and upheld the original judgment. After the judgment came into effect, the Changping District Court actively promoted the enforcement of the compensation, and the first batch of compensation of more than 13 million yuan has been implemented. At present, the restoration project of the land involved in the case has been completed, and an ecological restoration education base has been built at the same time.
In March 2021, the case handling team analyzed the appraisal and assessment report
【Typical significance】
The procuratorate attaches great importance to the feedback from the central ecological environmental protection inspectors, and adheres to the concept of "restorative justice" in handling cases. Give full play to the advantages of "public welfare + criminal" horizontal integration in case handling, intervene in investigations, guide the collection of evidence, and strengthen coordination and cooperation with relevant administrative organs, and play a "combined fist" of safeguarding the public welfare. While effectively cracking down on illegal crimes, it requires illegal subjects to bear responsibility for damage to the ecological environment, effectively safeguarding national interests and social public interests, and contributing procuratorial strength to the in-depth promotion of ecological civilization construction.
People's Procuratorate of Yichun City, Jiangxi Province
Urge the rectification of illegal sand mining along the Yuan River
Administrative public interest litigation
【Keywords】
Pre-litigation procedures for administrative public interest litigation Mass complaints Illegal sand mining Synergy of procuratorial functions Systematic governance
【Essentials】
In response to the problem of illegal sand mining reflected in the central ecological environmental protection inspector's letter and petition, the procuratorial organs can actively perform their duties in accordance with the law, strengthen the coordination between public interest litigation prosecution and criminal prosecution, urge administrative organs to fully perform their duties in accordance with the law, and carry out criminal case filing supervision in accordance with the law, and investigate the criminal responsibility of illegal subjects and the responsibility for ecological environmental damage.
【Basic facts of the case】
Since 2009, Pan has gathered more than 10 people, including Fan of Xicun Town, Yuanzhou District, Yichun City, to illegally mine sand between the Zhejiang-Gan Railway and the Yuanhe embankment for a long time in the name of opening a leisure farm. Although the administrative authorities have investigated and urged rectification, the problem of illegal sand mining continues, and some river embankments have been damaged, causing ecological damage and endangering railway safety.
【Investigation and supervision of performance of duties】
In April 2021, the second round of central ecological and environmental protection inspectors' letters and petitions reflected this issue. After receiving the letter and petition, the Yichun Municipal People's Procuratorate (hereinafter referred to as the Yichun Municipal People's Procuratorate) inquired through the 12345 government service platform that from May 2021 to November 2021, there were as many as 17 complaints about illegal sand mining in the area involved. In November 2021, Yichun Municipal People's Court visited the site and found that a number of large excavators were mining sand, and a pit of more than 50 acres and a depth of more than 10 meters had been formed on the site. Due to the complex clues of the problem and the strong reaction of the local people, the Yichun Municipal People's Court decided to directly file an administrative public interest lawsuit. After collecting the input and sales records of sand and gravel processing enterprises and sales enterprises, inquiring the driving trajectory of sand and gravel transport vehicles, and commissioning satellite remote sensing monitoring and analysis of the duration of illegal sand mining and the change of sand mining area, the Yichun Municipal People's Court finally found that Pan, Fan and others had illegally mined sand in Xicun Village, Xicun Town, for a long time in the name of opening a leisure farm, with a mining area of 38,594 square meters, mining more than 200,000 tons of sand and gravel, and part of the river embankment was damaged, seriously damaging the local ecological environment and losing national mineral resources.
As of November 2021, deep pits formed at illegal sand mining sites
On November 30, 2021, the Yichun Municipal People's Court issued inspection recommendations to the Yichun Municipal Water Conservancy Bureau, urging it to perform its regulatory duties. In order to urge the two departments to perform their duties in a coordinated manner, the Yichun Municipal People's Court organized a hearing on January 7, 2022 to further clarify the regulatory responsibilities of the two departments due to the proximity of the sand mining site to the banks of the Yuan River and the large excavation area. On January 11 of the same year, the Yichun Municipal People's Court issued an inspection recommendation to the Yichun Municipal Natural Resources Bureau, urging it to perform its duties in accordance with the law. Because the case involved illegal sand mining for a long time, a large amount of money involved and serious ecological damage, the Yichun Municipal People's Court also sent a copy of the procuratorial recommendation to the Municipal River Chief's Office. The Yichun Municipal Water Conservancy Bureau and the Yichun Municipal Natural Resources Bureau attached great importance to it, jointly investigated and dealt with illegal sand mining sites, ordered all illegal sand mining sites to stop mining, and urged the offenders to carry out ecological restoration of coastal river beaches and grasslands by bulldozing cofferdams and other methods.
In order to strengthen the effect of public interest protection, the public interest litigation procuratorial department of the Yichun Municipal People's Court transferred the clues of relevant personnel suspected of illegal mining crimes to the criminal prosecution department. After receiving the leads, the criminal prosecution department promptly initiated the supervision of the filing of the case, prompting the public security organ to file a case involving 17 people. In response to the ecological and environmental damage caused by illegal sand mining, the Yuanzhou District People's Procuratorate of Yichun City filed a criminal incidental civil public interest lawsuit, claiming compensation of more than 4.3 million yuan for ecological restoration costs.
On the basis of handling individual cases, the Yichun Municipal People's Court has deployed and carried out special supervision activities for public interest litigation against illegal mining and damage to the ecological environment throughout the city, and has so far filed 20 administrative public interest litigation cases, recovered 93,600 tons of illegally exploited mineral resources, and restored 197.4 mu of forest land and cultivated land. At the same time, the innovative use of the "procuratorial suggestions + research report" case-handling model to submit special research reports to the municipal party committee and municipal government, which was affirmed by the main leaders of the municipal party committee and municipal government.
【Typical significance】
Procuratorial organs take the initiative to investigate and discover "old and difficult" problems repeatedly reported by the masses from the letters and petitions of the central ecological and environmental protection inspectors, and focus on promoting rectification and reform of problems based on the procuratorial function. In response to the overlapping functions of administrative organs and the untimely implementation of rectification and reform, urge administrative organs to fully coordinate the performance of their duties through pre-litigation procuratorial suggestions and public hearings in administrative public interest litigation. In handling cases, pay attention to the convergence and integration of procuratorial functions, supervise the filing of criminal cases by public security organs, simultaneously intervene to guide investigations, comprehensively investigate and collect evidence, and lawfully file criminal incidental civil public interest lawsuits, forming a joint force for public interest protection.
People's Procuratorate of Longgang City, Zhejiang Province
Supervise and rectify the garbage dump points in the reclamation area of the new city
Administrative public interest litigation on environmental pollution
【Keywords】
Pre-litigation procedures for administrative public interest litigation Pollution at garbage dump sites Suspending case filing and follow-up supervision Coordinated performance of duties
【Essentials】
When the public interest is harmed and the administrative organ initiates rectification work, the procuratorate may suspend the filing of the case and follow up and supervise. When it is discovered that the rectification and reform of administrative organs is not in place or thorough, they should promptly urge the relevant departments to actively perform their duties to ensure the actual results of rectification and reform.
【Basic facts of the case】
The garbage dump site in Longgang Xincheng Reclamation Area is a temporary dumping point set up to cooperate with the technical transformation and upgrading of Cangnan waste-to-energy power plant, which has been stacked since April 2016, covering an area of 50,000 square meters. In August 2018, the third-party company started incineration of the waste at the dump site according to the disposal agreement, and then stopped the cracking disposal because it did not meet the technical requirements. In September 2020, the second round of central ecological environmental protection inspectors pointed out that nearly 200,000 tons of domestic waste were stored at the reclamation area, causing serious damage to the surrounding ecological environment.
【Investigation and supervision of performance of duties】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. In April 2021, the Supreme People's Procuratorate handed over the case to the Longgang Municipal People's Procuratorate in Zhejiang Province (hereinafter referred to as the Longgang Municipal People's Procuratorate) for handling. After receiving the clues handed over, the Longgang Municipal People's Court investigates and collects evidence through on-site investigations, on-site visits, collection of documentary evidence, and questioning relevant personnel, and follows up to understand the supervision problems and the performance of duties by administrative organs. After investigation, it was found that the Longgang Comprehensive Administrative Law Enforcement Bureau had unified supervision responsibility for the disposal of garbage involved in the case, and the bureau had started the clean-up and transportation work. In view of the fact that the administrative organs have begun to perform their duties, the Longgang Municipal People's Court decided to suspend the filing of the case.
On July 5, 2021, the Longgang Municipal People's Court again investigated the site and found that the dumping site had not been effectively remediated, the remaining garbage volume was still huge, and the public interest continued to be infringed. In this regard, the Longgang Municipal People's Court promptly filed an administrative public interest lawsuit for handling. On July 7 of the same year, the Longgang Municipal People's Court issued a pre-litigation inspection recommendation to the Longgang Comprehensive Administrative Law Enforcement Bureau, suggesting that the bureau speed up the disposal of garbage stored at garbage dumps and reduce the impact of garbage dumps on the surrounding environment.
On-site investigation of temporary garbage dumping sites in Longgang New Town Reclamation Area
Due to the overlapping responsibilities of administrative organs, after the procuratorial recommendations were issued, the Longgang Municipal People's Court twice organized Longgang Comprehensive Administrative Law Enforcement Bureau, Longgang Natural Resources and Planning and Construction Bureau, Longgang New Town Development and Construction Center and other units to hold discussion and consultation meetings to study the handling opinions. Under the promotion of the procuratorial organs, the above-mentioned units actively coordinated the performance of their duties and jointly carried out special rectification actions. By the end of July 2021, the garbage removal and transportation work has been completed, and a total of 285,750 tons of garbage have been cleaned up and disposed of.
Under the supervision and promotion of the procuratorate, the Longgang Comprehensive Administrative Law Enforcement Bureau has increased the handling of environmental pollution cases such as random dumping of garbage, and established a smart muck management system, strengthened the control of muck transportation companies and vehicles, and realized the upgrading from urban governance to urban "intelligence". In January 2022, Longgang Municipal People's Court once again held discussions with Longgang Comprehensive Administrative Law Enforcement Bureau, Longgang Natural Resources and Planning and Construction Bureau, Longgang New Town Development and Construction Center and other units to jointly promote the Longgang Municipal People's Government to set up a number of garbage collection sites in Longgang New City to solve the problem of garbage dumping and treatment from the source.
【Typical significance】
As the country's first "town reform city" and the source of the country's new-type urbanization reform, Longgang's ecological environment infrastructure is relatively weak after the withdrawal of towns and cities. After the central ecological and environmental protection inspector pointed out the environmental pollution problem of garbage dump sites, the procuratorate promptly followed up to understand the inspector's rectification and improvement exhibition, and suspended the filing of the case when the administrative organ had already begun rectification. When it is discovered that the rectification and reform of administrative organs is not timely or thorough, promptly initiate administrative public interest litigation and urge them to fully perform their duties in accordance with law. At the same time of handling the case, the procuratorate actively promoted the establishment of a formal garbage disposal site, solved the problem of disorderly garbage disposal from the source, and promoted the construction of new-type urbanization.
Shanghai Songjiang District People's Procuratorate
Supervise the rectification of the landfill in Xiaokunshan Town
Administrative public interest litigation on environmental pollution
【Keywords】
Pre-litigation procedures for administrative public interest litigation Landfill pollution Ammonia nitrogen exceeding standards Implementation of rectification responsibilities Protection of drinking water sources
【Essentials】
In response to the problem that administrative organs have made slow progress in implementing the central ecological environmental protection supervision and rectification requirements, resulting in continuous damage to the public interest, the procuratorial organs actively communicate with the administrative organs and follow up and supervise, and urge the administrative organs to complete the restoration and rectification work in a timely manner.
【Basic facts of the case】
The domestic waste landfill site in Xiaokunshan Town, Songjiang District, Shanghai, is located next to the Xietang tributary of the upper reaches of the Huangpu River, and the area is classified as the second-class protection zone for drinking water sources in the upper reaches of the Huangpu River, covering an area of 25 acres, which was put into use in 2000 and stopped at the end of 2010, with a total of 85,000 tons of domestic waste. When the site was closed in 2011, it was simply buried with soil, no anti-seepage measures, and no leachate diversion treatment facilities. In April 2019, the second round of central ecological environmental protection inspectors pointed out that the concentration of ammonia nitrogen in wastewater in the ditches around the site was 143 mg/l, which was 71.5 times the standard for surface water class V. The ditch is connected to the nearby river, and the landfill leachate will affect the surrounding water body, causing a safety hazard to the drinking water source.
【Investigation and supervision of performance of duties】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. In March 2020, the Shanghai Municipal People's Procuratorate transferred the case to the Songjiang District People's Procuratorate (hereinafter referred to as the Songjiang District People's Procuratorate) for handling. After preliminary investigation, the Songjiang District People's Court found that the People's Government of Xiaokunshan Town of Songjiang District (hereinafter referred to as the Xiaokunshan Town Government) was responsible for the remediation of the landfill, and although it organized and carried out relevant work, the substantive work such as project bidding and entering the site construction had not been advanced as scheduled, and the public welfare infringement had not been eliminated.
On April 3, 2020, the Songjiang District Court decided to file an administrative public interest lawsuit. After investigation, in January and May 2019, the relevant functional departments of Songjiang District successively wrote to the Xiaokunshan Town Government that the landfill involved in the case had hidden environmental pollution hazards. In October 2019, the Shanghai Municipal Eco-Environmental Protection Supervision and Rectification Office issued a written notice on the above issues. From October to November 2019, the Xiaokunshan Town Government commissioned a professional unit to monitor the current situation of the yard and surrounding environment. In December of the same year, the Songjiang District People's Government requested that the rectification be accelerated and further clarify the main responsibility and progress of the rectification. According to the arrangement, the Xiaokunshan town government should complete the remediation project design and pass the environmental assessment in January 2020, and start bidding for the project in February 2020. However, by April 2020, before the Songjiang District People's Court filed the case, the remediation plan had not yet been finalized, and the relevant rectification work could not be advanced as scheduled. In this regard, the Songjiang District People's Court has consulted and communicated with the Xiaokunshan Town Government three times to understand in detail the reasons why the rectification work has not been carried out on schedule, urge it to perform its duties in a timely manner and in accordance with the law, and suggest that it improve the remediation plan for the possible secondary pollution of excavation and rectification. On June 24, 2020, the Songjiang District People's Court and the Xiaokunshan Town Government reached a consultation opinion on the implementation of the Xiaokunshan Town Government in accordance with the time node determined by the remediation plan, and the key prevention and control of secondary pollution in the process of excavation and removal of garbage.
From July to September 2020, the Xiaokunshan town government organized the excavation and removal of 195,100 tons of solid waste, standardized the disposal of 26,800 tons of leachate, and backfilled 116,300 cubic meters of earth. After the site was leveled, the Xiaokunshan Town Government, together with the Songjiang District Ecological Environment Bureau, the Songjiang District Greening and Urban Amenities Bureau and other relevant functional departments, organized experts to conduct environmental testing and project acceptance, and invited the Songjiang District Court to "look back" on site. After testing, the groundwater index data decreased significantly, and basically reached the standard. At present, the site has carried out the regreening project, and an open forest land has been planned and built in the original area, which has become a leisure and entertainment activity place for the surrounding residents.
Public interest litigation prosecutors "look back" at the scene
【Typical significance】
The Xiaokunshan Township landfill is a historical problem and is located in the Grade II Protection Zone for Drinking Water Sources in the upper reaches of the Huangpu River, close to rivers and highways. In response to this problem disclosed by the central ecological environmental protection inspectorate, after learning that the rectification and improvement of the relevant departments were slow and the rectification work had not been substantially promoted, the procuratorial organ initiated administrative public interest litigation procedures in accordance with the law to supervise the implementation of rectification. The procuratorial organs went to the scene several times, worked in the same direction as the administrative organs, and put forward suggestions to improve the rectification plan, which helped them carry out the rectification work in a timely manner, and realized the effective protection of drinking water sources in the upper reaches of the Huangpu River.
The procuratorial organs of Hunan Province supervise and support
The People's Government of Xiangxi Prefecture to a manganese company
Carry out compensation cases for ecological and environmental damages
【Keywords】
Compensation for ecological and environmental damages, "manganese triangle" governance, integrated case handling, and social governance procuratorial suggestions
【Essentials】
In response to historical problems discovered by the central ecological and environmental protection inspectors, the procuratorial organs should actively perform their public interest litigation duties in accordance with the law, actively integrate into the unified deployment of local party and government inspectors for rectification and reform, and supervise and support administrative organs in carrying out compensation for ecological and environmental damages.
【Basic facts of the case】
A manganese company in Huayuan County, Xiangxi Tujia and Miao Autonomous Prefecture, Hunan Province, is less than 200 meters away from Youshui (Huayuan River), a tributary of the Yangtze River, and is an electrolytic manganese enterprise in the "Manganese Triangle" of Huayuan County, with a phase I warehouse for stacking manganese slag. Due to the environmental safety risks of the first phase reservoir and the need to rectify, the company built the second phase reservoir next to the first phase reservoir in 2010 to deal with the problem of underground water hazards at the bottom of the first phase reservoir. In 2014, due to the increase in manganese slag and the abundance of groundwater, the total manganese and ammonia nitrogen of the leachate were discharged to the Huayuan River due to the rupture of the diversion pipe at the bottom of the second-phase reservoir, and the company has since ceased production and is unable to control it. In May 2017, February 2020 and May 2021, the first and second rounds of central ecological environmental protection inspectors and ecological warning films in the Yangtze River Economic Belt all pointed out the environmental pollution problems of the manganese slag depot.
【Investigation and Litigation】
The clues in this case were transferred to the Supreme People's Procuratorate by the Central Ecological and Environmental Protection Supervision Office. In February 2020, the Supreme People's Procuratorate handed over the case to the Xiangxi Tujia and Miao Autonomous Prefecture People's Procuratorate (hereinafter referred to as the Xiangxi Prefecture People's Procuratorate) for handling. After preliminary investigation, the Xiangxi Prefecture Court filed a civil public interest lawsuit on April 27, 2021. During the investigation, the procuratorate found that the people's government of Huayuan County entrusted a third party to complete the remining, transshipment and landfill treatment project of 449,000 tons of manganese slag in the second phase of the warehouse.
In May 2022, the Hunan Provincial People's Procuratorate (hereinafter referred to as the Hunan Provincial People's Procuratorate) stationed in Huayuan County to carry out the special work of comprehensive rectification of mining pollution in the "Manganese Triangle" in accordance with the work deployment of the Hunan Provincial Party Committee, and listed this case as a key case and established a special case team for centralized handling. The special case team comprehensively investigates and collects evidence by collecting law enforcement ledgers and documentary materials such as environmental impact assessment, design, and construction, questioning relevant personnel, on-site inspections, and commissioning appraisals and tests, so as to ascertain the facts of the case and the amount of ecological and environmental damage. At the same time, the company's suspected environmental pollution crime clues were transferred to the criminal prosecution department (at present, the Xiangxi Prefecture People's Court has supervised the public security organ to file a case). Subsequently, the task force held briefings, communication and coordination meetings and public hearings to listen to the opinions of all parties. The company agreed with the facts and relevant evidence of the case determined by the procuratorate's investigation, and expressed its willingness to bear the liability for environmental damages. After studying and judging, the Hunan Provincial People's Court believes that the government's initiation of ecological and environmental damage compensation can not only enable the government to assume the responsibility of being in charge, but also enable enterprises to assume the main responsibility of governance. On June 22, 2022, the Hunan Provincial People's Court sent a letter to the Hunan Provincial Leading Group Office for Ecological and Environmental Damage Compensation Reform (hereinafter referred to as the Hunan Provincial Environmental Compensation Office) and the People's Government of Xiangxi Autonomous Prefecture (hereinafter referred to as the Xiangxi Prefecture Government), urging the Xiangxi Prefecture Government to initiate ecological and environmental damage compensation for the company.
Hold public hearings on the merits of the case to hear the opinions of all parties
After receiving the letter of supervision, the Hunan Provincial Environmental Compensation Office actively communicated and sent a letter to the Xiangxi Prefecture Government to initiate compensation for ecological and environmental damages. The Xiangxi Prefecture Government has held several special meetings to study, designated the Xiangxi Tujia and Miao Autonomous Prefecture Ecology and Environment Bureau (hereinafter referred to as the Xiangxi Prefecture Ecology and Environment Bureau) to be responsible for specific consultations, and replied to the letter requesting the support of the procuratorate. The Hunan Provincial People's Court and the Xiangxi Prefecture People's Court fully supported and issued the "Opinion on Support Consultation". On July 26, 2022, the Xiangxi Prefecture Government organized a consultation meeting to determine that the company should bear a total of 38.9097 million yuan in ecological and environmental damage compensation costs based on the degree of the company's fault, third-party governance and project settlement review and audit. Under the supervision and support of the procuratorate, the Xiangxi Prefecture Ecology and Environment Bureau reached an ecological and environmental damage compensation agreement with the company. On December 9 of the same year, the Xiangxi Prefecture Intermediate People's Court judicially confirmed the compensation agreement.
On December 13, 2022, the Hunan Provincial People's Court issued social governance inspection recommendations to the Xiangxi Prefecture Government on the problems of policy implementation, industrial guidance, industry supervision, standardized law enforcement, traceability governance, and accountability in the comprehensive remediation of mining pollution in Huayuan County, suggesting that it scientifically plan the comprehensive rectification work and promote the green transformation and development of the mining economy.
【Typical significance】
The procuratorial authorities of Hunan Province focused on the historical problems of mining pollution in Huayuan County disclosed by the central ecological environmental protection inspector and the ecological warning film of the Yangtze River Economic Belt, based on the procuratorial function of public interest litigation, comprehensively explored the bottom line, investigated and verified, comprehensively and whole-process supervised and supported the state government in carrying out ecological and environmental damage compensation work, urged enterprises to take the initiative to bear the compensation for ecological and environmental damage, and provided a legal practice sample for effectively promoting the comprehensive rectification of mining pollution in the "manganese triangle". The provincial procuratorate formulates and issues social governance procuratorial recommendations to the state government in conjunction with case handling, and promotes the improvement of the ability to manage mines and manage mines according to law.
(Source: Procurator Daily Reporter: Dai Jia)