Nongfu mountain spring Wuyishan project suspected to damage the environment was brought to public interest litigation

This is an aerial photo taken by China Biodiversity Conservation and green development foundation (hereinafter referred to as “China Green Development Foundation”) in Wuyishan National Park of Fujian Province on January 1. < p > < p > according to the introduction, the path in the above photo is the construction road for the construction of 1 million tons of drinking water production base in Wuyishan by Nongfu Shanquan (Fujian Wuyishan) drinking water Co., Ltd. (hereinafter referred to as Nongfu Shanquan Wuyishan company). < / P > < p > the pilot area of Wuyishan National Park system is the only one in China that is not only a world man and Biosphere Reserve, but also a world cultural and natural heritage protection area, with a total planning area of 1001.41 square kilometers and 210.7 square kilometers of original forest vegetation that has not been damaged by human activities. < p > < p > in January this year, the China Green Development Association learned that the 1 million ton drinking water production base built by Nongfu Shanquan Wuyishan company in Wuyishan was suspected of damaging the environment by destroying forests to get water and changing the EIA report, and then launched an investigation and filed an environmental civil public interest lawsuit against it in January this year. Request to the court that Nongfu mountain spring immediately stop the infringement act of destroying the ecological environment of Wuyi Mountain, restore the damaged environment to its original state, and compensate for the losses caused by the destruction of the environment. < / P > < p > before this public interest lawsuit, the water intake project of Nongfu mountain spring in Wuyi Mountain was reported as “deforestation and water intake” by microblog. After that, Nongfu Shanquan Co., Ltd. sued Qiang Wen, the informant, to the court, asking him to delete the content of the microblog report, compensate 5.12 million yuan for the loss of reputation and make a public apology. < / P > < p > however, the water intake project of “annual output of 1 million tons of natural drinking water production line construction project” in Fujian Wuyishan National Park by Nongfu Shanquan was reported to the public first, and then the environmental civil public interest litigation was filed by China Green Development Council for suspected environmental damage. < / P > < p > established in 2017, Nongfu Shanquan Wuyishan Co., Ltd. is a wholly-owned subsidiary of Nongfu Shanquan Co., Ltd. It is established for the operation of the “annual output of 1 million tons of drinking natural water production line construction project” (also known as the project involved in the case), and its legal representative is Zhong Xiaoxiang. < p > < p > in the indictment, the China Green Development Association said that in the construction of the project involved in the case, Nongfu Shanquan Wuyishan company has seriously violated the environmental protection laws and regulations, and the project also has a major risk of causing damage to the ecological environment in environmentally sensitive areas. < / P > < p > according to the complaint of the China Green Development Council, it made a number of charges against the fact that the Nongfu mountain spring Wuyishan project damaged the environment, claiming that the defendant violated the environmental impact assessment law by arbitrarily changing the requirements of the environmental impact assessment form and its reply during the construction of the project. The water intake pipeline which should be buried in the east bank is buried in the West Bank. < / P > < p > at the same time, the construction access road built by Nongfu mountain spring Wuyishan company is more than 10 meters higher than the water surface, which seriously violates the construction requirements of 50cm higher than the water surface in the EIA report. It has invaded the scope of Wuyishan National Park, which is illegal and has caused serious damage to the surrounding ecological environment. < / P > < p > secondly, the defendant did not obtain the forest cutting license, and the illegal construction damaged the forest resources. In order to force the construction of water intake project, Nongfu Shanquan Wuyishan company did not apply for forest cutting license according to law, and illegally cut trees. In particular, the deforested trees are located in the peripheral protection zone of Wuyishan National Nature Reserve, the buffer zone of Wuyishan World Cultural and natural heritage, Wuyishan National Park and national 4A daanyuan ecotourism scenic spot And other environmentally sensitive areas. < / P > < p > the third point mentioned in the indictment is that the water intake point of the project involved in the case is located in an environmentally sensitive area. In this sensitive area, water resources are taken wantonly for the needs of commercial operation, which violates the protection planning of Wuyishan National Park and Wuyishan National Nature Reserve, and violates China’s commitment to protect Wuyishan World Cultural and natural heritage. It is an illegal act. In order to eliminate the major risk of illegal damage to natural resources and ecological environment in environmentally sensitive areas, the water intake project of the project involved in the case should be completely banned and the construction should be stopped immediately. < / P > < p > the China Green Development Association requests the court to order the defendant to immediately stop the construction of water intake project in Wuyishan, immediately stop the environmental tort of destroying the ecology of Wuyishan, and restore the damaged environment to its original state, and repair the environmental damage caused by illegal destruction, so as to restore the damaged ecological environment to the state before the damage; and order the defendant according to law Compensation for the loss of ecological service function caused by illegal construction and destruction of ecological environment. In its reply, Nongfu Shanquan Wuyishan Co., Ltd. said that it does not have any environmental pollution or pollution that damages the public interest or has a significant risk of damaging the public interest as stipulated in the environmental protection law of the people’s Republic of China, the tort liability law of the people’s Republic of China and the interpretation of the Supreme People’s Court on Several Issues concerning the trial of environmental civil public interest litigation cases For the infringement or illegal act of bad ecology, all the petitions of the plaintiff green development association should be rejected. < / P > < p > regarding the accusations in the complaint of China Green Development Association, Nongfu Shanquan Wuyishan company said in the reply that its water intake project in Wuyishan met the requirements of relevant laws and regulations. The people’s Government of Wuyishan City has asked the Wuyishan ecological and Environmental Protection Bureau, forestry bureau, Wuyishan National Park Administration and other administrative and regulatory departments of Nanping City to check the respondent’s project and confirm that no environmental violations have been found. The water intake pipeline which should be buried in the east bank was buried in the West Bank. This change does not belong to the major change items stipulated by laws and regulations, and there is no need to re submit the environmental assessment documents for administrative review by the examination and approval unit. < / P > < p > as for the destruction of forest resources by construction, Nongfu Shanquan Wuyishan company said that it was caused by the widening of roads by local villagers and construction units from October 28 to 31, 2019, but it happened before the new transfer to the National Park on December 25, 2019, and it has been put on file by the forest public security department for investigation, and the road widening area has turned green. < / P > < p > in addition, for the problem of building a 1000m wire mesh upstream of the water intake point to go deep into the core area of Wuyishan National Park, Nongfu Shanquan responded that the fence was marked on the construction drawings in September 2019, and the surrounding area of the water intake point was not within the scope of Wuyishan National Park at that time. The fence was built to prevent people and wild animals from invading the water intake point. By the beginning of November 2019, the enclosure fence project has not been constructed, so there is no need to remove it. < p > < p > according to the company, the company believes that its drinking water production and construction project is in line with the national industrial and environmental protection policies. The site selection of the project is in line with the urban land use planning of Wuyishan City and compatible with the surrounding environment. The site selection of the project does not involve Wuyishan National Forest Park, Wuyishan Scenic Spot and Wuyishan National Geopark And so on. There is no factual and legal basis for all the claims of China Green Development Association, which should be rejected. < / P > < p > the relevant person in charge of the legal department of China Green Development Association told the legal Weekend reporter: “we think that the facts and reasons of Nongfu Shanquan Wuyishan company’s defense are not tenable. For example, does unauthorized change constitute a major change? The law clearly stipulates that the Ministry of ecological environment is required to explain; the forest law of 2017 stipulates that except for the scattered trees in front of and behind the houses of rural villagers, other felling needs to apply for a cutting license. The construction drawings presented by Nongfu Shanquan Wuyishan company in the court show that the construction unit entrusted by it entered the construction site after the construction of Nongfu Shanquan, and the obligation of the construction unit is the river The west side road and dam project do not involve the east side road; the protective fence is shown in the construction drawing of Nongfu mountain spring Wuyishan company, which is a kind of preventive prohibition. It is understood that the annual output of 1 million tons of drinking water project of Nongfu Shanquan Wuyishan company needs to lay kilometers of water diversion pipelines, including kilometers of pipelines along the river beach. < / P > < p > at present, Nongfu mountain spring has ten water sources in China, including Qiandao Lake, Changbai Mountain, Danjiangkou, Wanlu lake, Emei Mountain, Taibai Mountain, Tianshan Mountain and Wuling Mountain. Although Nongfu mountain spring Wuyishan company has been reported and filed a public interest lawsuit for the same project, according to media reports, its project was shut down at the end of last year. Due to the impact of the epidemic, the construction period did not seem to be affected by the resumption of work in May and June this year. < / P > < p > on January 11, Qiang Wen reported that Nongfu mountain spring used large-scale equipment to construct in Wuyishan National Park without the approval of the National Park Administration, damaging the park vegetation. Subsequently, the Wuyishan National Park Administration intervened in the investigation and issued a notice on the evening of January 12, saying that the construction site in the report video was the construction access road of Nongfu mountain spring, which was mainly used for the transportation of materials for the construction of nearby water intake points, and was not included in the scope of the national park when it was built in October 2019. But two months later, on December 25, 2019, in the master plan of Wuyishan National Park approved by Fujian Provincial People’s government, this access road area was also transferred into the scope of the National Park. According to the regulations, the area where the access road is located cannot be constructed. The deforestation has been investigated by the Forest Public Security Department of Wuyishan City on November 18, 2019. At the end of February, Nongfu Shanquan sued Qiang Wen, Wuyishan da’anyuan eco-tourism Co., Ltd. (the actual controllers were Qiang Wen’s parents) and Shanghai Oriental newspaper. It is believed that the three parties jointly fabricated the fact that “Nongfu mountain spring destroyed the forest and destroyed the ecology” and violated its right of reputation. In the

lawsuit, farmer’s spring asked Wen to delete all micro-blog contents released from January 11th to January 17th, delete the information on “report farmer’s spring damage to ecological revelations” registered on Tencent news, delete the official account of WeChat public No. “farmer’s spring” issued in January 17th, owe to the big Anyuan and the public an apology, and claim 5 million 120 thousand yuan reputation loss fee, request 3. The defendant made a public apology for a month. < / P > < p > on March 3, Hangzhou Internet court filed a case. Due to the impact of the epidemic, the case was heard on August 27. According to media reports, at that time, Nongfu Shanquan’s agent said he was willing to settle, but was refused. On October 28, Nongfu Shanquan applied to the court for withdrawal, which was approved by the court. < / P > < p > according to the civil ruling provided by Qiang Wen to the media, on October 28, Nongfu Shanquan applied to Hangzhou Internet court for withdrawal, which was approved by the court. Finally, the court ruled that Nongfu Shanquan should pay the case acceptance fee of 1.305 million yuan. As for the reasons for withdrawing the case, the reporter called Nongfu Shanquan many times, but no one answered as of press time. < / P > < p > Disclaimer: the purpose of this article reprinted by CNFC is to convey more information, and it does not represent the opinions and positions of CNFC. The content of this article is for reference only, and does not constitute an investment proposal. Investors operate on this basis at their own risk. < p > < p > Chinanet is a state key news website under the leadership of the Information Office of the State Council and the management of China foreign language publishing and Distribution Bureau. Through 11 versions in 10 languages, the website publishes information 24 hours a day. It is an important window for China to carry out international communication and information exchange.