Six Years, Three Trials: the "Tragedy of the Commons" in Chaohu Wetland Continues under Inspection on Ecological and Environmental Protection by MEE | Hefei Intermediate People's Court Rejected CBCGDF's Lawsuit for the 2nd Time

On July 19, 2023, the Hefei Intermediate People's Court rejected the environmental civil public interest litigation case between China Biodiversity Conservation and Green Development Foundation (CBCGDF) and Hefei Wanda City Investment Co., Ltd., the third-party Zhejiang Shangda Public Environmental Protection Co., Ltd., and the third-party Zhongnan Jinshang Environmental Engineering Co., Ltd. for the second time on the grounds that the plaintiff was ineligible.

Since CBCGDF filed the lawsuit in 2017, the case has gone through several trials and rulings:

  1. On December 21, 2020, the Hefei Intermediate People's Court ruled to dismiss the lawsuit;
  2. 2. On August 2, 2021, the Anhui Provincial Higher People's Court ruled to revoke the original ruling, rejecting the plaintiff's lawsuit against the Hefei Natural Resources Planning Bureau and the Hefei Ecological Environment Bureau, and instructed the Hefei Intermediate People's Court to continue hearing the lawsuit against Hefei Wanda City Investment Co., Ltd;
  3. On May 27, 2022, the Hefei Intermediate People's Court made a first instance civil judgment;
  4. On April 20, 2023, the Anhui Provincial Higher People's Court made a ruling revoking the first instance judgment and remanding it for retrial;
  5. On July 19, 2023, the Hefei Intermediate People's Court ruled for the second time to dismiss the lawsuit.

This case involves the defendant's behavior of occupying the Chaohu Wetland in Hefei city to develop a high-end commercial and residential community. The basic facts of the case have been under inspection on ecological and environmental protection by the Ministry of Ecology and Environment (MEE) and publicly reported by the various media such as the People's Daily. However, the defendants have not so far taken any environmental responsibility for their illegal occupation of Chaohu Wetland, and the "tragedy of commons" continues in Hefei.

CBCGDF has appealed against the erroneous ruling of the Hefei Intermediate People's Court. The construction of ecological conservation requires the adherence to the rule of law, as well as our determination to fight for environmental laws to the end!

Original Chinese Article: https://mp.weixin.qq.com/s/P_XrEhC8_L0x7fBCsmYyiA

Translator: Sara

Checked by: Daisy

Editor: Sara     

Contact: v10@cbcgdf.org; +8617319454776

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