Shielding Ancient Trees from Harm | China's 1st Environmental Public Interest Litigation (EPIL) for Ancient Trees Filed by CBCGDF Advanced Environmental Rule of Law

Bringing the ancient tree registry within the scope of environmental public interest litigation has been a long process of exploration. The China Biodiversity Conservation and Green Development Foundation's lawsuit in 2016 paved the way for several years of biodiversity governance.


In November 2023, China's National Forestry and Grassland Administration and the Ministry of Housing and Urban-Rural Development jointly drafted the "Regulations on the Management of Ancient Trees and Famous Trees (Draft)" (referred to as the "Draft"). This draft regulation is currently open for public comment. Notably, the 43rd article of the Draft addresses the protection of ancient trees and explicitly states that government agencies or organizations specified by law can initiate environmental public interest litigation against individuals or entities that harm ancient trees and their growth environment.


The Draft provides a comprehensive definition of actions that could harm ancient trees, such as illegal logging, unauthorized transplantation, buying, selling, or illegal transportation. It also covers actions like bark stripping, root excavation, injecting toxic substances, unauthorized pruning, and more within the ancient trees' protection areas. The Draft is notably comprehensive and offers clear guidance on actions that may harm these invaluable natural assets.


Under the Draft, authorities or organizations can legally initiate environmental public interest litigation against anyone involved in activities that harm or damage ancient trees. This provision is just one of the many protective measures outlined in the Draft, but it is undoubtedly a crucial step forward in safeguarding these natural treasures.


The China Biodiversity Conservation and Green Development Foundation (CBCGDF) has long been dedicated to the protection of ancient trees. In 2016, CBCGDF initiated the first Environmental Public Interest Litigation (EPIL) case in China concerning ancient tree protection.


In May 2016, a significant incident occurred in the Huazhuang Village of Xuedian Town, Xinzheng City, Henan Province, where a large-scale destruction of ancient jujube trees took place. Xinzheng City is renowned as the hometown of red dates, with a history of jujube cultivation dating back over 8,000 years. In 2010, the city designated the ancient jujube tree grove as a cultural heritage site, protecting over 17,660 ancient jujube trees. However, in 2015, without obtaining proper felling permits, these ancient jujube trees were illegally felled under the pretext of "transplantation," resulting in the death of 1,870 ancient jujube trees. CBCGDF initiated environmental public interest litigation, marking the first-ever EPIL case in China regarding the destruction of ancient trees.


Over the next year, the Henan Province Xinzheng Ancient Jujube case went through two court hearings, and, in 2017, it won the lawsuit with full support from the court on all litigation requests. This EPIL case was also listed among the "Top Ten Environmental Public Interest Litigation Cases in China" for 2017. It was praised for setting a precedent in China for the protection of ancient trees through environmental public interest litigation, with profound legal and social implications.


Seven years later, the provision for authorities or organizations to initiate public interest litigation against those harming or damaging ancient trees has been formally incorporated into a dedicated legal framework, the "Draft." With the expected approval and implementation of the "Draft," this protective measure will undoubtedly play a more significant role in safeguarding ancient trees, often referred to as "precious legacies from nature and our ancestors" and "treasures within our forest resources."


CBCGDF-BCON is very glad to see the progress in environmental laws regarding ancient trees' protection. The "Draft" marks a significant step toward legal protection for ancient trees in China, promoting a harmonious coexistence between human development and the preservation of these natural wonders. 


Written by: Xiangshu

Translator: Littlejane

Editor: Yujie


Contact: v10@cbcgdf.org; +8617319454776

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