Title in original language
北京市朝阳区*环境研究所诉山西*铝业有限公司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
Intermediate People’s Court of Xinzhou City, Shanxi Province
Seat of court
Xinzhou City, Shanxi Province, China
Reference number
[2016] Shanxi 09 Civil First Trial No. 35
Justice(s)
Zhang Gaofeng, Lian Linmei, Zhang Liang
Abstract
The Environmental Institute of Chaoyang District of Beijing filed a civil public-interest lawsuit against Shanxi Aluminium Industry Co., Ltd. for pollution risks caused by its massive red-mud tank storing 16 million m³ of alkaline waste from alumina production. The red-mud tank, covering 1,840 mu (≈ 1.2 km²), posed serious dust and safety hazards to the surrounding ecosystem and nearby cultural heritage sites. The parties first reached a settlement in 2017, but the court refused to confirm it because it lacked specific restoration measures and timeframes. After expert consultation and on-site investigation, a new mediation agreement was reached in 2018 requiring closure of the red-mud tank within five years at an estimated cost of CNY 150 million, with third-party environmental monitoring and annual progress reports to the court. The court approved the agreement after public announcement and confirmed its lawful effect. By December 2023 the closure was completed and accepted, eliminating pollution risks and transforming the site for green development. The case clarified standards for substantive judicial review of mediation agreements in environmental public-interest litigation.
Key environmental legal questions
How should courts conduct substantive review of mediation or settlement agreements in environmental public-interest litigation? What criteria determine whether an agreement adequately protects public interests in ecological restoration cases? How should courts balance judicial supervision, technical feasibility, and parties’ autonomy when confirming mediation outcomes? How do long-term supervision and technical expert involvement ensure the effectiveness of ecological closure projects?