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SPC Releases Typical Cases on Yellow River Protection

Tue, 20 Aug 2024
Categories: China Legal Trends

On 29 May 2024, China’s Supreme People’s Court (SPC) released a batch of typical cases illustrating judicial efforts for the ecological protection and high-quality development of the Yellow River Basin.

The release of these cases coincides with the first anniversary of the implementation of the “Yellow River Protection Law of the People’s Republic of China” (中华人民共和国黄河保护法). The ten cases focus on prominent issues such as water and sediment regulation, flood control and safety, and pollution prevention and control in the Yellow River Basin, covering civil public interest litigation, administrative public interest litigation, and criminal litigation.

For example, Case No. 5 is an environmental administrative public interest litigation for administrative authority’s failure to fulfill its duty to manage household waste in the area of Ruoergai National Park, which is renowned as “China’s most beautiful alpine wetland.”

In September 2022, the Aba County Procuratorate in Sichuan Province filed a public interest lawsuit against the local administrative authority due to the severe accumulation of household waste in the Ruoergai National Park area, which had adversely affected local residents’ lives, the surrounding environment, and the safety of the Yellow River’s water body.

During the lawsuit, the court urged the administrative authority to take measures to address the waste management issue near the river. A follow-up visit in November 2022 confirmed that the problematic landfill had been fully rectified, eliminating the threat to public interest. As a result, the procuratorate considered that the purpose of the litigation had been realized and then applied to withdraw the lawsuit, which the court approved after review. This case demonstrates the collaborative efforts of judicial and administrative bodies to achieve ecological restoration.

 

 

Photo by kuaileqie RE on Unsplash

Contributors: CJO Staff Contributors Team

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