China Biodiversity Conservation and Green Development Foundation v. Ningxia Ruitai Technology Co., Ltd. (Public Interest Litigation Against Environmental Pollution)—The Identification of Subject Qualification in Environmental Civil Public Interest Litigation Filed by Social Organizations

Abstract

Where the articles of association of a social organization do not specify the protection of environmental public interests, but its work content includes the protection of environmental elements and ecological system, it shall be determined in accordance with the provisions of Article 4 of the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation (hereinafter referred to as the “Interpretation”) that “the tenets and main business scope determined in the articles of association of a social organization are to maintain the social public interests”. The “public activities of environmental protection” stipulated in Article 4 of the Interpretation include not only the activities directly improving the ecological environment, but also the activities related to environmental protection that are conducive to enhancing the environmental governance system, improving the environmental governance capacity, and promoting the whole society to form broad consensus on environmental protection. If the matters involved in the suit filed by a social organization have corresponding relevance with its tenets and business scope, or have a certain connection with the environmental elements and ecological systems under its protection, it shall be determined that the matters are in accordance with the provisions of Article 4 of the Interpretation that “shall be related to its tenets and business scope”.

Collegial panel judges of the Supreme People’s Court for re-trial: Liu Xiaofei, Ye Yang and Wu Kaimin (Written by: Ye Yang, Supreme People’s Court; Translated by: Duan Jing).