Environmental Impact Assessments

In this case, the plaintiffs are a collective of residents of Panjiayuan Nanli in Beijing complaining about the planning in 2002 of an animal testing laboratory in their neighbourhood. Their argumentation is based on the fact that the odours resulting from such a place would affect their quality of life and that their neighbourhood already had an animal testing laboratory built in the 80’s. The plaintiffs made a first complain in front of the Beijing Planning Commission which rejected their requests.

The case was brought by the resident in front of the Beijing Xicheng District People’s Court. In 2003 The court condemned the Beijing Planning Commission to cancel the approval of the new laboratory because it did not respect national health standards such as the minimum distance between the laboratory and housings and it did not respect the environmental legislation because no environmental impact assessment had been previously done. The same year, the Beijing Planning Commission appealed the decision in front of the Supreme People’s Court, but the appeal was rejected.

(Contribution: Case provided by Professor Tianbao QIN, Tang HE, and Han GAO, Research Institute of Environmental Law, Wuhan University, China)