Nanchang Intermediate Court Hears Public Interest Litigation: Focus on Whether High-Voltage Lines near Poyang Lake Threaten Migratory Bird Safety
Recently, the Nanchang Intermediate Court heard a public interest litigation case, with the focus of the trial being whether a UHV power transmission and transformation project near Poyang Lake poses a threat to the safety of wintering migratory birds.
The plaintiff, the Multi-Intelligent Environmental Institute of Changping District, Beijing (hereinafter referred to as the “Multi-Intelligent Institute”), alleged that power transmission lines tens of kilometers long and nearly 100 meters high have been constructed in the surrounding areas of Poyang Lake. During autumn and winter, hundreds of thousands of migratory birds, including Siberian Cranes and Oriental White Storks, migrate to Poyang Lake to winter, and the high-voltage lines pose a significant threat to their survival. The plaintiff requested the court to order the defendant to take effective measures to prevent migratory birds from continuing to be threatened by the UHV power lines and to bear the responsibility for compensating for ecological and environmental public interest losses. Additionally, the defendant should apologize to the migratory birds, represented by the Siberian Crane, through the media.
The defendant, State Grid Corporation of China (hereinafter referred to as “State Grid”), argued through its legal representative that protective measures for the project have been implemented and improved, and that occasional disturbances to migratory bird activities are neither likely nor sufficient to cause damage to the local migratory bird ecology. The company legally constructed the power transmission and transformation project in question, which does not constitute an environmental infringement. There are no consequences of damage to ecological environmental rights in this case, and the company has no fault. The company requested the court to comprehensively consider the balance between economic and social development and environmental protection. The legal representative of the other defendant, Central Southern China Electric Power Design Institute Co., Ltd. (hereinafter referred to as “Central Southern Power Design Institute”), argued that bird collision prevention measures have been taken for the project, and the plaintiff’s litigation objective had already been achieved before the lawsuit was filed. Furthermore, there is no causal relationship between the environmental impact assessment conducted by the institute and the ecological environmental damage alleged by the plaintiff, and it does not constitute an environmental infringement.
On November 28, the Nanchang Intermediate Court formed a seven-member collegiate panel to hear the case. Apart from staff or authorized litigation agents from both the plaintiff and the defendants participating in the proceedings, personnel from relevant local functional departments also attended as observers.
It is understood that the trial lasted for a day. The collegiate panel organized the plaintiff and the defendants to present and cross-examine evidence and debated the争议foci summarized by the panel. Based on the arguments and defenses of both parties, the collegiate panel summarized the foci of the case as follows: 1. Whether the power transmission and transformation project in question poses a threat to the survival of migratory birds such as the Siberian Crane and the consequences of such threat; 2. Whether the two defendants committed any violations or other faults during the project implementation; 3. Whether the two defendants should bear environmental public interest infringement liability, including responsibilities such as taking measures, compensation, bearing costs, and making apologies.
On November 29, the collegiate panel, along with representatives from both the plaintiff and the defendants, conducted a field survey of the power transmission and transformation project in question.
Environmental Protection Organization: High-Risk “Electric Wall” Threatens the Survival of Wintering Migratory Birds
The Multi-Intelligent Institute, established in 2015 under the supervision of the Changping District Science and Technology Commission of Beijing, focuses on research on diversified paths for public participation in pollution prevention and ecological conservation. It has initiated multiple public interest litigations related to wildlife protection.
According to the Multi-Intelligent Institute’s investigation, the Wuhan-Nanchang 1000 kV UHV AC power transmission and transformation project runs from northwest to southeast, passing through Hubei and Jiangxi provinces. Upon entering Nanchang, the project’s lines pass through Poyang Lake (right next to the lake) and are located east of the core area of the Dagongling County-Level Nature Reserve. In March 2024, the construction of the aforementioned project was nearing completion, with power transmission lines tens of kilometers long and nearly 100 meters high built around Poyang Lake, essentially forming a towering and high-risk “electric wall.” Poyang Lake is the primary wintering habitat and stopover site for migratory birds from East Asia. Every autumn and winter, hundreds of thousands of migratory birds, including over 98% of the world’s Siberian Cranes and over 75% of Oriental White Storks, migrate to Poyang Lake to winter. The power transmission lines built around Poyang Lake pose a significant threat to the survival of these wintering migratory birds.
According to data, the Siberian Crane and Oriental White Stork are classified as Critically Endangered (CR) and Endangered (EN) in the IUCN Red List of Threatened Species, respectively, and have been listed as National First-Class Protected Animals. In 2019, the Siberian Crane was also designated as the “Provincial Bird” of Jiangxi Province.
Staff from the institute explained that according to tracking studies by bird experts, Siberian Cranes have been found dead after colliding with high-voltage lines in the Chengxin Farm area of Xinjian District, Nanchang City, Poyang Lake Region. The over 20-kilometer-long UHV power transmission lines built around the lake are located between the feeding and night-roosting sites of migratory birds, acting like an “electric wall.” Previously, a 2-year-old Siberian Crane was found with one of its wings cut off by a power line, completely detached from its body. Experts reported that more than one crane has died from collisions in this area this year, and several incidents of Siberian Cranes being killed in collisions have been reported here before. The reason for the consecutive deaths of multiple Siberian Cranes is closely related to the project in question being constructed around the lake.
The institute believes that the environmental impact assessment report of the Wuhan-Nanchang UHV AC power transmission and transformation project gave little consideration to migratory birds. Although the report considered the issue of birds colliding with lines, it had significant deficiencies and an inadequate understanding of bird conditions. Specifically, it was completely unaware of the distribution of Siberian Cranes in the nearby area; it did not grasp the activity patterns and roosting sites of bird flocks and assumed that the lines’ height was not high enough to collide with bird flocks, whereas birds could collide with the lines near their roosting sites.
The Multi-Intelligent Institute stated that Poyang Lake, the largest freshwater lake in China and an internationally important wetland as well as the largest wintering habitat for migratory birds in Asia, is known as the “Paradise for Migratory Birds.” If measures are not taken promptly, it will bring more human-made disasters to the bird flocks and may even have a more profound impact on the climate. State Grid is the project owner, and Central Southern Power Design Institute was commissioned by State Grid to undertake the environmental impact assessment of the project. The institute requested the court to order the two defendants to take effective measures to prevent migratory birds from continuing to be threatened by the UHV power lines and to bear the responsibility for compensating for ecological and environmental public interest losses.
State Grid: The Construction is Legal and Does Not Constitute an Infringement
State Grid’s statement of defense indicated that the company requested the court to reject all of the plaintiff’s claims. The company believes that violating state regulations is a constituent element of environmental public interest infringement liability. The power transmission and transformation project in question underwent relevant administrative approvals in accordance with the law, and a professional agency was commissioned to issue an environmental impact report before construction began, which was approved by the Ministry of Ecology and Environment. The construction is legal, does not violate the law, and does not constitute an infringement, so there is no need to bear any environmental infringement liability.
State Grid believes that the evidence provided by the plaintiff cannot prove the existence of consequences of ecological environmental damage. The power transmission and transformation project in question does not pass through areas designated by government authorities as concentrated distribution zones or important habitats for migratory birds, and relevant protective measures have been implemented and improved. Occasional disturbances to migratory bird activities are neither likely nor sufficient to cause damage to the local migratory bird ecology. Even if there are collision incidents, they are sporadic events under severe weather conditions and do not constitute ecological environmental damage.
Furthermore, the alternating flashing lights of aviation warning lights can effectively warn birds, and the red and white aviation marker balls can prominently mark power transmission lines, making them easier for birds flying at high altitudes to identify and effectively avoiding bird collisions with high-voltage lines. The company has invested over 10.37 million yuan to install 596 sets of aviation warning lights and over 0.96 million yuan to install 1,467 aviation marker balls.
State Grid also believes that the power transmission and transformation project in question is an important local public welfare project with significant positive effects on local social public interests. Government departments at all levels have fully considered the balance between different social public interests when conducting administrative approvals, and the project construction should not be deemed as constituting an environmental infringement under any circumstances.
Design Institute: The Fact that the Institute Caused Ecological Environmental Damage Cannot Be Established
Central Southern Power Design Institute also requested the court to reject all of the Multi-Intelligent Institute’s claims. The institute’s statement of defense indicated that the plaintiff’s first claim had already been achieved before the lawsuit was filed.
Central Southern Power Design Institute stated that when the plaintiff filed the lawsuit on May 13, 2024, the project
