Title in original language
山东省济南市人民检察院诉济南*肿瘤医院有限公司等环境污染民事公益诉讼案
Original language

Chinese, Simplified

Country
China
Date of text
Status
Decided
Type of court
National - lower court
Court name
Railway Transportation Intermediate People’s Court of Jinan City, Shandong Province
Seat of court
Jinan City, Shandong Province, China
Reference number
[2022] Shandong 71 Civil First Trial No. 64
Justice(s)
Yu Junbo, Li Jianbo, Song Abo, Liu Huimin, Zhou Yuanfeng, Li Hua, Duan Qiaohua
Relations to SDGs
Abstract
The People’s Procuratorate of Jinan City filed a civil public-interest lawsuit after environmental authorities found that gamma-knife medical equipment containing radioactive sources had been left idle without proper disposal for years. Three medical institutions – Jinan Oncology Hospital Co., Ltd., Jinan People’s Hospital, and Jinan Jiu Hospital – had failed to fulfil their legal obligations for risk control and disposal, creating a potential radiation pollution hazard. The court issued an injunction forbidding unauthorized disposal, then ordered the three defendants jointly and severally to bear CNY 2.9 million in disposal costs and to complete lawful procedures. On appeal, the Shandong High People’s Court affirmed joint liability and authorized advance enforcement so the funds could be used immediately for safe disposal. The case clarifies that multiple entities who fail to eliminate significant environmental risks may bear joint liability even before damage occurs and demonstrates the preventive function of injunctions and preliminary enforcement in environmental public-interest litigation.
Key environmental legal questions
How should courts determine joint and several liability for entities that fail to dispose of hazardous equipment posing environmental risks? How can the principle of “prioritizing protection and focusing on prevention” guide injunctions and advance enforcement in environmental public-interest litigation? When can courts intervene to eliminate significant risk to public environmental interests even before actual damage occurs? How does Article 1171 of the Civil Code apply to potential environmental damage and nonfeasance by multiple obligors?