Chinese, Simplified
Facts
Hydrochina Corporation Xinping Development Co., Ltd. (hereinafter referred to as Xinping Company) developed and constructed the Jiasa River Grade I Hydropower Station in Red River, Yunnan. According to Annex 1 Distribution of Red Lines of Ecological Protection in Yunnan Province of the Red Lines of Ecological Protection in Yunnan Province, most of the potential inundated area of the hydropower station involved in this case has been allocated into the protection red line range of the Red River (Yuan River) dry-hot valley and the ecological conservation of the original water and soil. In this area, the green peacock is a key protected species. In July 2017, the Ministry of Ecology and Environment ordered Xinping Company to carry out a post-environmental impact assessment of the project, before the completion of which, no water storage is allowed for power generation. After that, Xinping Company immediately stopped the construction of the hydropower station construction involved in this case. Beijing Chaoyang District Friends of Nature Environmental Research Institute (hereinafter referred to as "Friends of Nature") involved in this case brought a civil public interest litigation claiming that once the waterpower station started to store water, the green peacock habitat would be submerged and the green peacock may be extinct, and the Cycas Chenii in this area would be endangered, and that the local precious dry-hot valley monsoon rainforest ecosystem would be destroyed.
Judgment
The Intermediate People's Court of Kunming City of Yunnan Province held at the first instance hearing that the case was a preventive environmental public interest litigation. According to Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Environmental Civil Public Interest Litigation, Friends of Nature provided evidence to prove that the potential inundated area of the hydropower station in question is a frequent activity area of green peacocks, which constitutes their biological habitat. Once submerged, it is likely to cause serious damage to the survival of green peacocks. At the same time, the original environmental impact report of the hydropower station involved in this case did not involve the protection of the Cycas Chenii. If the construction continues, the survival of the rare animals and plants in this area will face significant risks. Therefore, it was ruled that Xinping Company should immediately stop the construction of the hydropower station involved in this case, and after it has completed the post-environmental impact assessment and filing work as required by the Ministry of Ecology and Environment, the relevant administrative department should make a decision in accordance with the law based on the specific circumstances. Yunnan High People's Court affirmed the first-instance judgment at the second instance hearing.
基本案情
中国水电顾问集团新平开发有限公司（以下简称新平公司）开发建设云南红河戛洒江一级水电站。根据《云南省生态保护红线》附件1《云南省生态保护红线分布图》所示，案涉水电站淹没区大部分被划入红河(元江)干热河谷及山原水土保持生态保护红线范围，在该区域内，绿孔雀为重点保护物种。2017年7月，生态环境部责令新平公司就该项目建设开展环境影响后评价，后评价工作完成前，不得蓄水发电。之后，新平公司即停止对案涉水电站建设项目的施工。北京市朝阳区自然之友环境研究所（以下简称自然之友）以案涉水电站一旦蓄水将导致绿孔雀栖息地被淹没、绿孔雀存在灭绝可能，并危害生长在该区域陈氏苏铁、破坏当地珍贵的干热河谷季雨林生态系统为由，提起环境民事公益诉讼。
裁判结果
云南省昆明市中级人民法院一审认为，本案系预防性环境公益诉讼，根据《最高人民法院关于审理环境民事公益诉讼案件适用法律若干问题的解释》第八条的规定，自然之友已举证证明案涉水电站的淹没区是绿孔雀频繁活动区域，构成其生物学上的栖息地，一旦淹没很可能会对绿孔雀的生存造成严重损害。同时，案涉水电站原环境影响报告书未涉及陈氏苏铁的保护，若继续建设将使该区域珍稀动植物的生存面临重大风险。故判决新平公司立即停止案涉水电站项目建设，待其按生态环境部要求完成环境影响后评价及备案工作后，再由相关行政主管部门视具体情况依法作出决定。云南省高级人民法院二审维持一审判决。
Implications
This case is a preventive environmental civil public interest litigation for the protection of rare wild animals and plants. Preventive public interest litigation is an important manifestation of the implementation of the principle of focusing on in environmental resource trials, making a breakthrough to the traditional concept that where there is remedy, there is damage, provides ex-ante and interim ecological and environmental protection, and is conducive to increasing ecological and environmental protection and preventing damage to the ecology and environment or further aggravation of damage. In this case, Friends of Nature provided evidence that if the hydropower station involved in this case continued to be constructed, it would inevitably lead to the inundation of the living environment of the green peacock, a national Grade I key protected animal, the green peacock, and the national Grade I key protected plant, Cycas Chenii, which would lead to an visually predicted and irreversible damages to the biodiversity and genetics resources in the area. The people's court implemented the spirit of the important instruction of President XI Jinping "to step up conservation of the Yangtze River and stop its over development" and thus ruled that Xinping Company should stop the construction of hydropower stations based on existing environmental impact assessment, and ordered the improvement of relevant procedures and provided powerful judicial safeguards for the protection of the biodiversity of the Yangtze River Basin.
典型意义
本案系珍稀野生动植物保护预防性环境民事公益诉讼案件。预防性公益诉讼是环境资源审判落实预防为主原则的重要体现，突破了有损害才有救济的传统理念，将生态环境保护的阶段提升至事中甚至事前，有助于加大生态环境保护力度，避免生态环境遭受损害或者防止损害的进一步扩大。本案中，自然之友已举证证明案涉水电站如果继续建设，势必导致国家Ⅰ级重点保护动物绿孔雀和国家Ⅰ级重点保护植物陈氏苏铁的生境被淹没，导致该区域的生物多样性和遗传资源遭受直观预测且不可逆转的损害。人民法院贯彻落实习近平总书记“共抓大保护、不搞大开发”重要指示精神，依法判定新平公司停止基于现有环境影响评价下的水电站建设项目，责令完善相关手续，为长江流域生物多样性保护提供有力司法保障。