Title in original language
北京市昌平区*环境研究所诉*流域水电开发有限公司生态环境损害民事公益诉讼案
Original language
Chinese, Simplified
Country
China
Date of text
Status
Decided
Type of court
National - lower court
Court name
Intermediate People’s Court of Aba (Ngawa) Tibetan and Qiang Autonomous Prefecture, Sichuan Province
Seat of court
Aba (Ngawa) Prefecture, Sichuan Province, China
Reference number
[2021] Sichuan 32 Civil First Trial No. 28
Files
Link to full text
Justice(s)
An Rong, Xu Kejia, Chen Huijia, Ma Li, Yin Cuo, Xu Li, Kang Yong
Relations to MEAs
Relations to SDGs
Abstract
The Environmental Institute of Changping District of Beijing filed a civil public-interest lawsuit against Basin Hydropower Development Co., Ltd., alleging that construction of a hydropower station in the upper Yangtze River endangered the Sichuan–Shaanxi Zheluo Salmon, a first-class nationally protected species, and caused ecological damage. The defendant had completed an Environmental Impact Assessment (EIA) and obtained approval from the Ministry of Ecology and Environment, including requirements for fishways, artificial breeding, and habitat protection. After administrative penalties for minor violations, the company rectified all issues under supervision. The court found that the hydropower company’s construction complied with legal EIA procedures and included adequate protective measures, and the evidence did not prove actual or significant risk of ecological harm. The lawsuit was dismissed, with the court emphasizing that high-quality development and high-level protection must be balanced, and that legal EIA-based projects with effective mitigation measures do not constitute a threat to public environmental interests.
Key environmental legal questions
How should courts assess whether development projects that passed legal EIA procedures pose “significant risks of damage to public environmental interests”?
How can courts balance ecological protection with lawful green and low-carbon energy development?
What constitutes sufficient proof of ecological harm or risk in civil public-interest litigation?
How should courts evaluate compliance with EIA approvals and subsequent rectifications when determining liability?