Potential Threat to the Largest Remaining Population of Acer pentaphyllum - CBCGDF Filed Lawsuit against Chinese Planned Hydropower Station

 On February 25, 2021, the Supreme People's Court of China released 10 typical cases of ecological and environmental protection in the Yangtze River Basin. Among them, the case of "Acer pentaphyllum" is the first nationwide preventive environmental civil public interest lawsuit involving rare plants.

 

Acer pentaphyllum Diels, also known as the Five-leaf Maple, is distributed in western Sichuan, China, growing in sparse forests at an altitude of 2300-2900 meters. It holds significant importance for studying the origin and evolution of Aceraceae plants. However, this endangered species is on the brink of extinction. In September 2013, it was classified as "Critically Endangered" in the China Biodiversity Red List. In February 2016, it was included in the "Key Protected Plant List of Sichuan Province." The International Union for Conservation of Nature (IUCN) assessed it as "Critically Endangered" in August 2018.

 


Back in 2014, the planned Yagen Tiers Hydroelectric Station on the Yalong River is under the responsibility of the Yalong River Hydropower Development Co., Ltd. (referred to as Yalong River Company). Then in the pre-feasibility stage, the construction of the hydropower station and its auxiliary projects (roads, etc.) has not yet started.

 

The planned location is the last native habitat for this plant (it's in extremely small population). If developed, it will be submerged.

 

The China Biodiversity Conservation and Green Development Foundation (CBCGDF) argues that the population of Acer pentaphyllum near the Woloxi Village in Malangcuo Township, Yajiang County, is the largest surviving population globally and the only one with natural reproductive capability. The construction of the Yagen Tiers Hydroelectric Station, based on the comparison of the distribution altitude of Acer pentaphyllum and the water level of the hydropower station, will directly threaten the survival of Acer pentaphyllum, posing a direct threat to the public interest.

 

In September 2015, CBCGDF filed an environmental public interest lawsuit with the Intermediate People's Court of Garze Tibetan Autonomous Prefecture, Sichuan Province. On December 21, 2015, the court officially accepted the case.

 

The first-instance litigation process of this case lasted for nearly four years. On October 30, 2019, the first-instance trial of the case was held in the Intermediate People's Court of Garze Tibetan Autonomous Prefecture.

 

In the end, the first-instance court ruled that Yalong River Company should consider the living environment of Acer pentaphyllum as an important part of the environmental assessment work during the pre-feasibility stage of the Yagen Tiers Hydroelectric Station project. After the environmental impact report is approved by the environmental protection administrative department, further work can proceed.

 

The Supreme People's Court of China believes that in this case, the court has appropriately balanced the relationship between ecological environmental protection and economic development, incorporating the principle of ecological priority throughout the entire process of hydropower planning and development. Although Acer pentaphyllum is not included in China's "National Key Protected Wild Plant List," the court's ruling obliging Yalong River Company to take preventive measures to protect the living environment of Acer pentaphyllum fully reflects China's responsibility and commitment as a party to the Convention on Biological Diversity.

 

 

Original Chinese Article: https://legal.gmw.cn/2021-02/25/content_34643612.htm

Translator: Littlajane

Editor: Maggie

Checked by: Maggie     

Contact: v10@cbcgdf.org; +8617319454776

 


Contribution

Do you know? CBCGDF is a non-profit organization. We rely on crowd-funding and donations. You have the opportunity to help us to advance biodiversity conservation. Donate TODAY to power up the movement to make it a better world for all life.

https://www.paypal.me/CBCGDFChina   

http://www.cbcgdf.org/English/ConfirmDonaTion/0.html 


Comments

Post a Comment

Popular posts from this blog

Bridging Borders for Wildlife: John E. Scanlon AO Recognized with China's Highest Honor - Chinese Government Friendship Award

Image
Congratulations to our dear friend and best teacher, John E. Scanlon AO, for honored the remarkable achievement - The Chinese Government Friendship Award!   On September 27, 2023, the Ministry of Human Resources and Social Security (State Administration of Foreign Experts Affairs) held a prestigious ceremony in Beijing to present the Chinese Government Friendship Award. The Chinese Government Friendship Award is China's highest honor bestowed upon foreign experts who have made outstanding contributions to the country's modernization and reform and opening-up efforts. John E. Scanlon AO, an esteemed ecological conservation and sustainable development expert hailing from Australia (UK), received this distinguished award. His unwavering commitment and significant contributions to global wildlife conservation efforts, along with his deep friendship with people of China, earned him the Chinese Government Friendship Award. John E. Scanlon has dedicated his life to the protection of a
Read more

CBCGDF's Efforts in Empowering Youth in Land Restoration and Combating Desertification

Image
In the ever-evolving landscape of global challenges, fostering the active participation of young people is paramount to address complex issues effectively. Biodiversity conservation is one such challenge that requires the energy, creativity, and dedication of the youth. Here, we delve into the initiatives and measures taken by organizations to promote the engagement of young individuals in this critical cause. 1) Establishment of Youth Volunteer teams: The China Biodiversity Conservation and Green Development Foundation (CBCGDF) has make consistent efforts in building youth volunteers' team. Now we're honored to have welcomed thousands of youth volunteers joining us. This diverse groups includes college students, young professionals, rural youth, and international students studying abroad. To nurture their technical skills, CBCGDF offers short- or long-term internship/volunteering opportunities. For instance, during the summer of 2021, a 14-year-old high school student
Read more

Dr. FANG Jun, Secretary General of CBCGDF One Health Working Committee Leads the Construction of ESG System for the Medical Device Industry

Image
" T he First ESG &   China Medical Device Development Forum" organized by   China Association   for Medical Device Industry , Smart & Mobile Medical Branch of China Association   for Medical Device Industry and Reed Sinopharm Exhibitions was held in Shenzhen   o n October 28, 2023, . The Forum   launched the construction of an ESG system for the medical device industry. At the meeting, Dr. F ANG   Jun, Secretary-General of the One Health Working Committee of China Biodiversity Conservation and Green Development Foundation (CBCGDF), was selected as the chief expert to lead the organization of relevant professional and academic research work on the construction of the ESG system. As the first important event for the construction of the ESG system of the medical device industry held by the "China Medical Device Industry Association ESG Task Force", this forum not only created a good atmosphere for the development of the ESG industry, but also provided a platfor
Read more