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Ten Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt [Effective]
最高人民法院发布10起人民法院环境资源审判保障长江经济带高质量发展典型案例 [现行有效]
【法宝引证码】

Ten Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt 

最高人民法院发布10起人民法院环境资源审判保障长江经济带高质量发展典型案例

(November 28, 2018) (2018年11月28日)

Table of Contents for Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt 人民法院环境资源审判保障长江经济带高质量发展典型案例目录
1. Case of Illegal Production of Drug-making Materials and Environmental Pollution by Defendant Yi Wenfa et al. 一、被告人易文发等非法生产制毒物品、污染环境案
2. Case of Environmental Pollution by Defendant Entity Chongqing Shouxu Environmental Protection Technology Co., Ltd. and Defendant Cheng Long 二、被告单位重庆首旭环保科技有限公司、被告人程龙等污染环境案
3. Case of Environmental Pollution by Defendant Deng Wenping et al. 三、被告人邓文平等污染环境案
4. Public Welfare Case of Water Pollution between All-China Environment Federation and Yichun Zhong'an Industrial Co., Ltd. et al. 四、中华环保联合会诉宜春市中安实业有限公司等水污染公益诉讼案
5. Public Welfare Case of Water Pollution between China Environmental Protection Foundation and Kaifa Xinquan Water Affairs (Yangzhou) Co., Ltd. 五、中华环境保护基金会诉凯发新泉水务(扬州)有限公司水污染公益诉讼案
6. Public Welfare Case of Water Pollution between Environmental and Resource Protection Volunteers' Association of Yiyang City, Hunan Province and Hunan Linyuan Paper Industry Co., Ltd. 六、湖南省益阳市环境与资源保护志愿者协会诉湖南林源纸业有限公司水污染公益诉讼案
7. Civil Environmental Public Welfare Case between People's Procuratorate of Kaihua County, Zhejiang Province and Quzhou Ruilijie Chemical Engineering Co., Ltd. 七、浙江省开化县人民检察院诉衢州瑞力杰化工有限责任公司环境民事公益诉讼案
8. Case of Administrative Decision on Environmental Protection between Meili Hydropower Station in Yuexi County and Environmental Protection Bureau of Yuexi County 八、岳西县美丽水电站诉岳西县环境保护局环境保护行政决定案
9. Administrative Public Welfare Case of Failure to Perform Statutory Duties between People's Procuratorate of Jianchuan County, Yunnan Province and Forest Public Security Bureau of Jianchuan County 九、云南省剑川县人民检察院诉剑川县森林公安局怠于履行法定职责环境行政公益诉讼案
10. Administrative Public Welfare Case of Failure to Perform Statutory Supervisory Duties between People's Procuratorate of Dianjun District, Yichang City, Hubei Province and Environmental Protection Bureau of Dianjun District, Yichang City 十、湖北省公安县人民检察院诉公安县环境保护局怠于履行法定职责环境行政公益诉讼案
Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt 人民法院环境资源审判保障长江经济带高质量发展典型案例
1. Case of Illegal Production of Drug-making Materials and Environmental Pollution by Defendant Yi Wenfa et al.   一、被告人易文发等非法生产制毒物品、污染环境案
[Basic Facts] 【基本案情】
In April 2014, defendant Yi Wenfa and other persons rented private houses and abandoned workshops in Guiyang City, Guizhou Province and processed and produced ephedrine by using illegally purchased hydrochloric acid, methylbenzene, and bromophenone. From May 2015 to January 2016, in the process of illegal production of ephedrine, Yi Wenfa and other persons constructed pollutant discharge tanks and laid pollutant discharge pipelines for discharging production waste water, and discharged production waste water to the karst cave about 70 m away from the workshop through the pollutant discharge pipelines. In January 2016, the public security organ discovered and seized 6.188 kilograms of ephedrine, 11,700 kilograms of methylbenzene, 3,080 kilograms of hydrochloric acid, and 13,000 kilograms of bromophenone. It was identified that the waste water generated and discharged in the production of ephedrine by Yi Wenfa and other persons was hazardous waste. 2014年4月,被告人易文发等人在贵州省贵阳市租赁民房、废弃厂房等,利用非法购买的盐酸、甲苯、溴代苯丙酮等加工生产麻黄碱。2015年5月至2016年1月期间,被告人易文发等人在非法生产麻黄碱过程中,为排放生产废水,在厂房外修建排污池、铺设排污管道,将生产废水通过排污管引至距厂房约70米外的溶洞排放。2016年1月,公安机关在案涉加工点查获麻黄碱6.188千克、甲苯11700千克、盐酸3080千克、溴代苯丙酮13000千克。经鉴定,易文发等人生产麻黄碱所产生、排放的废水属危险废物。
[Adjudication] 【裁判结果】
In the trial of first instance, the People's Court of Qingzhen City, Guizhou Province held that defendants Yi Wenfa and other persons were guilty of illegal production of drug-making materials; the discharge of waste water generated in the production of drug-making materials, which was hazardous waste, through the karst cave seriously polluted the environment and they were also guilty of environmental pollution; and they should be concurrently punished for several crimes. Yi Wenfa and other persons were sentenced to a fixed-term imprisonment ranging from eight to ten years with a fine ranging from CNY110,000 to 130,000, and the seized drug-making materials and tools for criminal purpose should be confiscated and destroyed according to the law. Upon trial of second instance, the Intermediate People's Court of Guiyang City affirmed the original judgment. 贵州省清镇市人民法院一审认为,被告人易文发等人的行为均已构成非法生产制毒物品罪;将属于危险物质的生产制毒物品废水利用溶洞向外排放,严重污染环境,其行为同时构成污染环境罪,应予数罪并罚。判处易文发等人八年至十年不等有期徒刑,并处罚金110000元至130000元不等,并对查扣的制毒物品、作案工具依法没收,予以销毁。贵阳市中级人民法院二审维持原判。
[Typical Significance] 【典型意义】
This is a case of environmental pollution caused in the process of illegal production of drug-making materials. In the process of illegal production of ephedrine, Yi Wenfa and other persons constructed pollutant discharge tanks and laid pollutant discharge pipelines in violation of the state regulations and discharged waste water containing hazardous waste to the karst cave through pollutant discharge pipelines, which seriously polluted the environment. Karst caves are underground space formed by soluble rocks through karstification and they are widely distributed in the Yangtze River basin and contain abundant water resources, but the karst ecosystem is fragile and has low environmental carrying capacity. Karst caves are interconnected and once polluted, they are difficult to be restored. Considering the particularity of defendants' criminal offenses and according to varying legal interests impaired, the court of first instance convicted the defendant separately and punished him for several crimes, which has changed the previous practice of ignoring environmental protection, selecting a heavier penalty for similar cases, and cracking down on criminal offenses only with the drug-related charge. In this case, defendants were concurrently punished for being guilty of illegal production of drug-making materials and environmental pollution, which not only reflects the efforts of the people's courts to always strictly punish drug-related crimes and intensify the punishment of crimes of production of drug-making materials, but also embodies the resolution of the people's courts in legally safeguarding the people's health and the public environmental interests by showing zero tolerance. 本案系非法生产制毒物品过程中引发的环境污染案件。被告人易文发等人在非法生产麻黄碱的过程中,违反国家规定修建排污池,铺设排污管道,将含有危险废物的生产废水通过排污管引至溶洞排放,严重污染环境。溶洞是可溶性岩石因喀斯特作用所形成的地下空间,在长江流域多有分布,蕴含着丰富的水资源。但岩溶生态系统脆弱,环境承载容量小,溶洞之间多相互连通,一旦污染难以修复治理。一审法院考虑到本案被告人犯罪行为的特殊性,根据受到侵害的法益不同,对被告人实施的不同行为单独定罪、数罪并罚,改变了过去忽视环境保护,对同类案件多采用择一重罪论处、仅以涉毒罪名予以打击的处理方式。本案以非法生产制毒物品罪和污染环境罪数罪并罚,既体现出人民法院始终坚持依法从严惩处毒品犯罪、加大对生产制毒物品犯罪的惩处力度,也体现出人民法院以零容忍态度依法维护人民群众生命健康和环境公共利益的决心。
2. Case of Environmental Pollution by Defendant Entity Chongqing Shouxu Environmental Protection Technology Co., Ltd., Defendant Cheng Long et al.   二、被告单位重庆首旭环保科技有限公司、被告人程龙等污染环境案
[Basic Facts] 【基本案情】
Defendant entity Chongqing Shouxu Environmental Protection Technology Co., Ltd. (hereinafter referred to as “Shouxu Environmental Protection Company”) was an enterprise with the secondary qualification of industrial waste water treatment. On December 5, 2013, Shouxu Environmental Protection Company and Chongqing Cangjinge Real Estate Company (hereinafter referred to as “Chongqing Cangjinge Company”) concluded an agreement and agreed that from December 5, 2013 to January 4, 2018, Shouxu Environmental Protection Company operated the project of waste water treatment for the Electroplating Industrial Center of Chongqing Cangjinge Company. Shouxu Environmental Protection Company promised that the waste water of the Electroplating Industrial Center discharged to the sewage treatment station has been 100% treated, the water quality of treated sewage reached the prescribed standards, and the discharge of sewage by exceeding the prescribed standards or direct discharge were completely eradicated. In the operation of this project, the on-site project personnel identified that there was leakage in the No. 1 regulating tank and reported to Cheng Long, legal representative of Shouxu Environmental Protection Company. Cheng Long summoned the project personnel to secretly discharge the electroplating waste water that has not been completely treated by using the leakage of the No. 1 regulating tank. The on-site project management personnel thus drew the electroplating waste water that has not been completely treated to the No. 1 regulating tank for leakage. On May 4, 2016, the Environmental Supervision Corps of Chongqing Municipality identified this secret discharge in an on-site inspection. Upon monitoring of samples, the concentration of hexavalent chromium and that of the total chromium was respectively 29.5 times and 9.9 times by exceeding the prescribed standards. 被告单位首旭环保公司系具有工业废水处理二级资质的企业。2013年12月5日,首旭环保公司与重庆藏金阁物业公司签订协议,约定首旭环保公司自2013年12月5日至2018年1月4日运行重庆藏金阁电镀工业中心废水处理项目。首旭环保公司承诺保证中心排入污水处理站的废水得到100%处理,确保污水经处理后出水水质达标,杜绝废水超标排放和直排行为发生。在运营该项目过程中,项目现场管理人员发现1号调节池有渗漏现象,向首旭环保公司法定代表人程龙报告。程龙召集项目工作人员开会,要求利用1号调节池的渗漏偷排未经完全处理的电镀废水。项目现场管理人员遂将未经完全处理的电镀废水抽入1号调节池进行渗漏。2016年5月4日,重庆市环境监察总队现场检查发现该偷排行为。经采样监测,1号调节池内渗漏的废水中六价铬、总铬浓度分别超标29.5倍、9.9倍。
[Adjudication] 【裁判结果】
In the trial of first instance, the People's Court of Yubei District, Chongqing Municipality held that defendant entity Shouxu Environmental Protection Company illegally discharged pollutants containing heavy metals that exceeded the national pollutant discharge standards by not less than three times, which has seriously polluted the environment and it was guilty of environmental pollution. As the legal representative of Shouxu Environmental Protection Company, defendant Cheng Long was the person directly in charge of the Company's activities of environmental pollution; and the on-site project management personnel of Shouxu Environmental Protection Company were persons directly responsible for the Company's activities of environmental pollution. Both of them were guilty of environmental pollution. Considering that both the defendant entity and defendant fell under circumstances of voluntary surrender and confession, a fine of CNY80,000 was imposed on Shouxu Environmental Protection Company ; and Cheng Long and other persons were sentenced to a fixed-term imprisonment with a fine. 重庆市渝北区人民法院一审认为,被告单位首旭环保公司违反国家规定,非法排放含有重金属的污染物超过国家污染物排放标准3倍以上,严重污染环境,其行为已构成污染环境罪。被告人程龙作为首旭环保公司的法定代表人,系首旭环保公司实施污染环境行为的直接负责的主管人员;首旭环保公司项目现场管理人员是首旭环保公司实施污染环境行为的直接责任人员,均构成污染环境罪。鉴于各被告人分别具有自首、坦白等情节,以污染环境罪判处首旭环保公司罚金80000元;判处程龙等人有期徒刑并处罚金。
[Typical Significance] 【典型意义】
This is a criminal case of water pollution caused by discharge of sewage to the main stream of the Yangtze River. Chongqing is located in the upper reaches of the Yangtze River and the hinterland of the Three Gorges Reservoir Region. By the legal trial of cases of environmental resources in key regions, the people's court has severely punished pollutant dischargers and built an ecological shelter zone for the upper reaches of the Yangtze River. In this case, in the process of entrusted treatment of industrial waste water, as an enterprise with the qualification of industrial waste water treatment, Shouxu Environmental Protection Company knew the leakage of the regulating tank, but it still directly discharged electroplating waste water that has not been completely treated to the main stream of the Yangtze River by means of leakage, which has seriously polluted the waters of the Yangtze River, and Shouxu Environmental Protection Company should assume the criminal liability according to the law. After Shouxu Environmental Protection Company assumed the criminal liability, the People's Government of Chongqing Municipality and the Chongqing Liangjiang Volunteer Service Center separately filed a lawsuit of compensation for ecological environmental damage and a civil environmental public welfare lawsuit with Chongqing Cangjinge Company and Shouxu Environmental Protection Company as joint defendants and required that both defendants should bear expenses for ecological environmental restoration and other expenses according to the law and extend a formal apology to the public. Through trials of the criminal case, the lawsuit of compensation for ecological environmental damage filed by the people's government of a province or city, and the civil environmental public welfare lawsuit filed by a social organization, the people's court has given full play to the functional roles of environmental resources trials and provided a good example for serving and guaranteeing the ecological civilization construction in the Yangtze River basin. 本案系向长江干流排放污水引发的水污染刑事案件。重庆地处长江上游和三峡库区腹地,人民法院通过依法审理重点区域的环境资源案件,严惩重罚排污者,构筑长江上游生态屏障。本案中,首旭环保公司作为具有工业废水处理资质的企业,在受托处理工业废水过程中,明知调节池有渗漏现象,依然将未经完全处理的电镀废水以渗漏方式直接向长江干流排放,严重污染长江水体,应当依法承担刑事责任。在首旭环保公司承担刑事责任后,重庆市人民政府、重庆两江志愿服务发展中心以重庆藏金阁物业公司、首旭环保公司为共同被告,分别提起生态环境损害赔偿诉讼和环境民事公益诉讼,要求二被告依法承担生态环境修复等费用,并向社会公开赔礼道歉。人民法院通过审理刑事案件以及省市人民政府提起的生态环境损害赔偿诉讼、社会组织提起的环境民事公益诉讼,充分发挥环境资源审判职能作用,为服务和保障长江流域生态文明建设提供了较好范本。
3. Case of Environmental Pollution by Defendant Deng Wenping et al.   三、被告人邓文平等污染环境案
[Basic Facts] 【基本案情】
From February 2016, without the relevant qualification, defendant Deng Wenping purchased HW11 rectification (distillation) residue (commonly known as “coal tar”) and transported it to the workshop located in Dongpo District, Meishan City, Sichuan Province for heat treatment, sub-package, and reselling. During the period, he also employed defendants Deng Weiping, Deng Liangjia, and Ma Chengcai to assist in the transport, heating, and sub-package. In July 2016, after the Environmental Protection Bureau of Dongpo District, Meishan City conducted an investigation and punished them, they still did not cease the processing of coal tar. In January 2017, the relevant administrative department of Dongpo District, Meishan City conducted joint law enforcement and seized the processing equipment and 453.08 tons of coal tar and refined products on the processing site. In addition, over 200 tons of coal tar has been processed and resold by Deng Wenping. After the four defendants voluntarily surrender themselves, they truthfully confessed to all or most of criminal facts. 2016年2月起,被告人邓文平在未取得相关资质的情况下收购HW11精(蒸)馏残渣(俗称煤焦油),运输至其位于四川省眉山市东坡区的厂房内进行加热处理、分装和转卖。期间还雇佣被告人邓卫平、邓良如、马成才协助其运输、加热和分装。2016年7月,眉山市东坡区环境保护局进行查处后,邓文平等人仍未停止煤焦油的加工。2017年1月,眉山市东坡区相关行政主管部门联合执法,从加工点现场查扣处理设备、煤焦油及其提炼产品453.08吨。另有200余吨煤焦油已被邓文平加工转卖。四被告人自动投案后,均能如实供述全部或者大部分犯罪事实。
[Adjudication] 【裁判结果】
In the trial of first instance, the Intermediate People's Court of Meishan City, Sichuan Province held that defendant Deng Wenping and other persons illegally disposed of hazardous waste in violation of the state provisions, which has seriously polluted the environment and they were guilty of environmental pollution. Deng Wenping illegally disposed of not less than 100 tons of hazardous waste, which caused especially serious circumstances. According to the roles played by defendants in the joint crime, their voluntary surrenders, and other circumstances, for committing the crime of environmental pollution, Deng Wenping was sentenced to a fixed-term imprisonment of three years and two months with a fine of CNY30,000; Deng Weiping, Deng Liangjia, and Ma Chengcai were sentenced to a fixed-term imprisonment ranging from eight months to two years with a probation period ranging from eight months to two years and a fine ranging from CNY8,000 to 20,000; Deng Weiping, Deng Liangjia, and Ma Chengcai were prohibited from engaging in activities related to coal tar processing and sales during the probation period. 四川省眉山市中级人民法院一审认为,被告人邓文平等违反国家规定非法处置危险废物,严重污染环境,构成污染环境罪。邓文平非法处置危险废物100吨以上,后果特别严重。根据各人在共同犯罪中的作用、自首等情节,以污染环境罪判处邓文平有期徒刑三年二个月,并处罚金30000元;判处邓卫平、邓良如、马成才八个月到二年不等有期徒刑,八个月到二年不等缓刑考验期,并处8000元到20000元不等罚金;禁止邓卫平、邓良如、马成才在缓刑考验期内从事与煤焦油加工销售相关的活动。
[Typical Significance] 【典型意义】
This is a criminal case of air pollution caused by illegal disposal of hazardous waste. In the adjudication methods, the people's court has made useful exploration and innovation and reflected the attitude and resolution of cracking down on crimes of environmental pollution and helping to win the blue-sky protection campaign. In recent years, the regional haze and acid rain in the Yangtze River basin have continued for a long time. The people's court needs to give full play to the punishment and education functions of criminal environmental resources trials, try cases of air pollution prevention in such key areas as the Yangtze River Belt and Chengdu-Chongqing city cluster, and severely punish criminal offenses of air pollution. In this case, Deng Wenping and other persons had no qualification for disposal of hazardous waste, the processing equipment and process were not accepted and recognized by the administrative supervision department, and a large volume of toxic and harmful substances that have not been treated in the processing of coal tar was directly emitted to the atmosphere. The court of first instance imposed corresponding penalties in light of the four defendants' criminal acts and their voluntary surrenders and by considering the professonal nature in the disposal of hazardous waste and the social hazard that may be caused due to improper disposal, the court of first instance prohibited Deng Weiping, Deng Liangjia, and Ma Chengcai from engaging in activities related to the processing and sales of coal tar during the probation period, which has reflected the concept of putting prevention first in the environmental resources trials. 本案系非法处置危险废物引发大气污染刑事案件,人民法院在案件裁判方式上进行了有益探索和创新,体现了打击污染环境犯罪、助力打赢蓝天保卫战的态度和决心。近年来,长江流域的区域性雾霾、酸雨态势长期持续,人民法院需要充分发挥环境资源刑事审判的惩治和教育功能,依法审理长三角、成渝城市群等重点区域的大气污染防治案件,严惩重罚大气污染犯罪行为。本案中,邓文平等人无危险废物处置资质,加工设备和工序未得到行政监管部门的验收认可,在加工煤焦油过程中存在大量有毒有害物质未经处理直接排放入大气的情形。一审法院结合四被告人犯罪行为和自首情节在判处相应刑罚的同时,考虑到危险废物处置的专业性和处置不当可能造成的社会危害性,判决邓卫平、邓良如、马成才在缓刑考验期内禁止从事与煤焦油加工销售相关的活动,体现了环境资源审判预防为主的理念。
4. Public Welfare Case of Water Pollution between All-China Environment Federation and Yichun Zhong'an Industrial Co., Ltd. et al.   四、中华环保联合会诉宜春市中安实业有限公司等水污染公益诉讼案
[Basic Facts] 【基本案情】
The Crude Indium Factory operated by Yichun Zhong'an Industrial Co., Ltd. (hereinafter referred to as “Zhong'an Company”) had no qualification for the operation of hazardous waste, did not obtain the approval of Environmental Impact Assessment (EIA) for construction projects, and did not install any pollution prevention facilities. Zhong'an Company and Shantian Company concluded an agreement, according to which Shantian Company provided financial support to the production of crude indium by Zhong'an Company, Shantian Company dispatched personnel to participate in the operation management and business marketing of Zhong'an Company, and they agreed on the profit distribution ratios. Zhong'an Company and Yanjiang Company concluded a contract, according to which Yanjiang Company illegally provided Zhong'an Company with 291.85 tons of lead slime in eight times and Shantian Company paid Yanjiang Company CNY650,000 for the illegal purchase of hazardous waste. Yang Zhijian, person-in-charge of Bokai Company, and Zhong'an Company concluded a contract, according to which Bokai Company provided Zhong'an Company with handpiece ash and lead slime for illegal refinery and use. Bokai Company provided Zhong'an Company 149.14 tons of handpiece ash in 12 times. Longtianyong Company and Zhong'an Company engaged in illegal replacement of lead slime with handpiece ash and Longtianyong Company provided Zhong'an Company with 351.29 tons of handpiece ash 17 times. Yanjiang Company, Bokai Company, and Longtianyong Company provided Zhong'an Company with 792.28 tons of hazardous waste in total. In the production, Zhong'an Company directly discharged untreated liquid waste and waste water containing cadmium, thallium, nickel, and other heavy metals, and arsenic to the Yuanhe River and Xiannv Lake basins by privately setting up underground pipelines and caused the especially serious environmental emergency of water supply disruption by the Third Drinking Water Plant in Xinyu City. The All-China Environmental Federation filed a lawsuit and requested that all defendants should be ordered to immediately cease the illegal transfer and disposal of hazardous waste and extend a formal apology to the public; bear the expenses of CNY9,263,301 for decontamination and environmental emergency treatment; all defendants should restore the ecological environment in the Yuanhe River and the Xiannv Lake basins and bear the expenses of CNY21,991,610 for restoration of the ecological environment and CNY9,952,443 for losing of service functions and monitoring during the period of ecological environmental restoration. 中安公司经营的粗铟工厂无危险废物经营资质、未依法取得建设项目环境影响评价审批同意、未配套任何污染防治设施。中安公司与珊田公司签订协议,约定珊田公司为中安公司的粗铟生产提供资金支持,珊田公司派人参与中安公司的经营管理和业务购销,并约定了盈利分配比例。中安公司与沿江公司签订合同,沿江公司分8次非法向中安公司提供铅泥291.85吨,珊田公司支付沿江公司用于非法采购危险废物款项65万元。博凯公司负责人杨志坚与中安公司签订合同,由博凯公司向中安公司提供机头灰、铅泥,进行非法提炼利用。博凯公司分12次向中安公司提供机头灰149.14吨。龙天勇公司将机头灰与中安公司非法置换铅泥,分17次向中安公司提供机头灰351.29吨。沿江公司、博凯公司、龙天勇公司向中安公司提供的危险废物共计792.28吨。中安公司在生产过程中,将未经处理的含镉、铊、镍等重金属及砷的废液、废水,通过私设暗管的方式,直接排入袁河和仙女湖流域,造成新余市第三饮用水厂供水中断的特别重大环境突发事件。中华环保联合会起诉请求判令各被告立即停止违法转移、处置危险废物,向公众赔礼道歉;承担清除污染及环境应急处置费用9263301元;各被告对袁河、仙女湖流域的生态环境进行修复,并承担生态环境修复费用21991610元和生态环境修复期间服务功能的损失、监测费用等9952443元。
[Adjudication] 【裁判结果】
In the trial of first instance, the Intermediate People's Court of Xinyu City, Jiangxi Province held that: Zhong'an Company secretly discharged heavy metal pollutants to the Yuanhe River by privately setting up underground pipelines, which directly caused the ecological environmental pollution of the Yuanhe River and Xiannv Lake basins and it was at gross fault in causing the consequence of damage in environmental tort; the funds used by Zhong'an Company for engaging in the illegal operation of hazardous waste were from Shantian Company and thus Shantian Company was at some fault in causing the consequence of damage in environmental tort; Longtianyong Company, Bokai Company, and Yanjiang Company separately and illegally provided Zhong'an Company with hazardous waste and thus they were also at some fault in causing the consequence of damage in environmental tort. Zhong'an Company should assume the primary liability, and Shantian Company, Longtianyong Company, Bokai Company, and Yanjiang Company should assume the secondary liability. The court of first instance entered a judgment that all defendants should immediately cease the illegal transfer and disposal of hazardous waste and extend a formal apology to the public; bear the expenses for emergency treatment, emergency monitoring as well as expert technical consultation and assessment; bear the expenses for ecological environmental restoration and compensate for the losing of service functions during the period from damage to ecological environmental to restoration to the original state; and bear the reasonable lawyer's fees. Upon trial of second instance, the Higher People's Court of Jiangxi Province affirmed the original judgment. 江西省新余市中级人民法院一审认为,中安公司通过私设暗管的方式向袁河偷排重金属污染物直接导致本次污染袁河、仙女湖流域生态环境事件,对环境侵权损害后果具有重大的过错;中安公司从事非法经营危险废物的资金来源于珊田公司,珊田公司对环境侵权损害后果具有一定的过错;龙天勇公司、博凯公司、沿江公司分别向中安公司非法提供危险废物,对环境侵权损害后果亦具有一定的过错。中安公司承担主要责任,珊田公司、龙天勇公司、博凯公司、沿江公司分别承担次要责任。判决各被告人立即停止违法转移、处置危险废物,向公众赔礼道歉;赔偿应急处置费用、应急监测费用及专家技术咨询费、评估费;承担生态环境修复费用及赔偿生态环境受到损害至恢复原状期间服务功能损失;承担合理的律师费。江西省高级人民法院二审维持原判。
[Typical Significance] 【典型意义】
This case has made helpful explorations to the determination of liabilities for environmental tort by several persons. There are many rivers and lakes in the middle and lower reaches of the Yangtze River, the ecological functions of the basins have been seriously deteriorated, and almost 30% of important lakes and reservoirs are in the state of eutrophication. The ecological environment situations are severe. In this case, Zhong'an Company secretly discharged heavy metal pollutants by privately setting up underground pipelines, which directly caused the especially severe environmental emergency in the Yuanhe River and Xiannv Lake basins, and Zhong'an Company was the director polluter. The funds for Zhong'an Company's illegal operation of hazardous waste were from Shantian Company; Longtianyong Company, Bokai Company, and Yanjiang Company separately and illegally provided Zhong'an Company with hazardous waste; and they should assume the corresponding liability according to their respective faults. According to such factors as the scope and degree of environmental pollution and ecological damage, complexity of ecological environmental restoration, and faults of infringers and with reference to expert opinions, the people's court used the absolute quantity of hazardous waste as the basis for the liability to be assumed and ordered that the five companies should assume liability in proportion and extend a formal apology on the provincial media to the public, which has effectively guaranteed the water environmental protection and water ecological restoration in key areas.
......
 本案在数人环境侵权的责任认定方面进行了有益的探索。长江中下游江河湖泊众多,流域生态功能退化严重,接近30%的重要湖库处于富营养化状态,生态环境形势严峻。本案中,中安公司通过私设暗管的方式偷排重金属污染物直接导致袁河和仙女湖流域特别重大环境突发事件,系直接的污染者。中安公司从事非法经营危险废物的资金来源于珊田公司,龙天勇公司、博凯公司、沿江公司则分别向中安公司非法提供危险废物,均应当按照其过错承担相应的责任。人民法院根据污染环境、破坏生态的范围和程度、生态环境恢复的难易程度、侵权主体过错程度等因素,参考专家意见,将危险废物的绝对数量作为承担责任大小的依据,判决五家公司按比例承担责任,并在省级媒体向公众赔礼道歉,有效保障了重点区域的水环境保护和水生态修复。
......

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