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Lanzhou enterprises over the standard discharge enterprise administrative penalty case
Shut down the excessive emissions enterprises, this is a good thing, but the Lanzhou Municipal Government and Yuzhong County Government failed to standardize the implementation of the shutdown procedures in accordance with the law and got into a lawsuit. Recently, the Gansu Provincial Higher People's Court announced to the community in 2012, the province's top ten typical court cases, including an administrative penalty for excessive sewage discharge triggered by the environmental protection administrative disputes. The case of over-standard discharge of Baimi Paper Company was one of the first four cases listed for supervision by the Ministry of Environmental Protection in 2006. 2008, Lanzhou Municipal Government and Yuzhong County Government issued a notice to close down Baimi Paper Company, which did not accept the decision to close down and applied for an administrative reconsideration to the People's Government of Gansu Province. The Gansu Provincial People's Government considered that the closure of the two levels of government violated statutory procedures and revoked the closure decision. In 2009, the government of Yuchong County imposed an administrative penalty, ordering Baimi Paper Company to cease production and shut down within five days. The company did not accept the penalty decision, and filed an administrative lawsuit against the Lanzhou Municipal Government and the Yuzhong County Government as *** co-defendants. Gansu Province Higher People's Court of second instance that the specific administrative action of the Yuzhong County Government, does not meet the requirements of the Gansu Provincial Government reconsideration of the decision, the judgment revoked the penalty decision. BMI Paper then filed an administrative compensation lawsuit, requesting the defendant to compensate the plaintiff for the direct economic losses caused during the period of closure of the enterprise. The case was assigned to the jurisdiction of Zhangye Higher People's Court by the Gansu Provincial Higher People's Court. The collegial tribunal coordinated many times eventually reached a settlement agreement, that is, the plaintiff recognized in 2008 when the government ordered the closure of the paper mill production has not met the relevant national standards, belonging to the backward production capacity, voluntarily eliminated the corresponding equipment, the use of leased space, equipment to re-declare the project to carry out in line with the national industrial policy of the production and operation; by the defendant yuzhong county government is responsible for paying the plaintiff out of backward production capacity of the central government financial incentive funds, and Coordinate the exemption of the plaintiff since the suspension of production to the end of 2013 the rent of the paper mill. After reaching the above agreement, the plaintiff Baimi paper company to zhangye intermediate court application for withdrawal. Gansu Provincial Higher People's Court Administrative Trial Division, said Qin Weimin, the enterprise's excessive sewage and backward production capacity caused by the fact of environmental pollution exists, according to the law should be closed, but the exercise of government authority should be standardized in accordance with the law, in order to truly safeguard the interests of the local people and the rights and interests of the enterprises to shut down.