In the Legal News of 2009, a publication jointly organized by Legal Daily, the Political and Judiciary Commission of the Centre Committee of CPC, the People''s Supreme Court, the People''s Supreme Prosecutor, the Ministry of Public Security, the Ministry of Justice, NPC and All China Legal News Association, the case featuring All-China Environment Federation (ACEF) and Citizens of Jiangyin City v. a company near Jiangyin Port has been elected as one of Ten Most Influential litigations of 2009. JINYI Lawyers represented the plaintiff in this case.
The said case was accepted by the Intermediate People''s Court of Wuxi on July 6th 2009. The case drew wide public attention and attracted widespread media coverage as the first case in China where a social organization participated in a public interest environmental litigation as the plaintiff, breaking the precedent that no social organizations have standing to file a public interest environmental litigation. In the meantime, this case was also the very first civil litigation accepted by the Environmental Court of the Intermediate People''s Court of Wuxi since its establishment in 2008.
Mr. Xiaoyu Wu and Mr. Jianming Wang represent the plaintiff pro bono. During over two month''s pre-trial period, they gathered evidences by multiple on-the-spot investigations and communication with the infringed local citizens. In the trial debate, these two lawyers gained advantages by their expertise on environmental law and solid foundation of law, setting the stage for a successful mediation outcome.
As a myriad of environmental challenges are arising from pollution in China today, litigation is a practical and effective way to enforce compliance with environmental laws. Until this case, the question of who has standing to file the lawsuit has been controversial. Although closed by mediation, this case has drawn public attention and become a milestone in the history of enforcement of environmental laws for the introduction of social organization participation in public interest litigation.
