■ Express reporter Chenqiao Yan Zhou Jingjing intern Cao Ge Li Zhijian Zhao Xuemin
April 9 in the morning, Zhuhai Xiangzhou District People's Court courtroom was packed, enthusiastic people,http://www.wgo58.com/quan/forum.php?mod=viewthread&tid=782067, environmental enthusiasts, media reporters came to the scene early, sit in Zhuhai Sun lawyers sued the EPA process agricultural waste batteries ineffective case, Sun Harvest and environmental protection Board attorney nearly three hours of intense debate tribunal, the court has yet to make a ruling on the case.
Used batteries left unattended
Early November 2008, Zhuhai Sun farming community on the EPA website, found Zhuhai 26 waste battery recycling point, exactly one to live in their district. The next day, when the Sun carrying agricultural waste battery collection points found, but found it did not waste battery recycling timely. Has set up two years of waste battery recycling point, nearly 1 years ago no one recycling old batteries, Sun farmers fear the sun and rain for a long time, leakage of waste generated by the battery will become a new source of pollution, then call Zhuhai EPA solid waste center,http://www.xn--ttsq44au2lfxhtn2a.xyz/news/html/?42147.html, but no one answered.
November 7, 2008, Sun Agriculture issued a "letter of request for waste battery recycling process relevant information", that "no long-term deal with used batteries, whether forming pollution? How to deal with?", Etc. related to the Zhuhai Municipal Environmental Protection Bureau battery recycling process and environmental literacy issues, and hoped that the EPA within 30 days to respond. In February 2009,http://www.haut56.com/forum.php?mod=viewthread&tid=332241, we issued a letter for three months, Sun has not yet received a reply farmers, then submitted "violated citizen's right to know" and "the administration omission" by the Zhuhai Municipal Environmental Protection Bureau to court.
March 3,http://www.mkver.com/home.php?mod=space&uid=11706, 2009, Xiangzhou District Court formally opened.
April 9, 2009, Xiangzhou District People's Court. Court, the plaintiff in the original lawsuit, Sun farmers' verdict that the accused is not set up to perform their statutory duties behavior ", the lawsuit will be the second" verdict issued within 15 days in the media of the relevant information to be publicly released "time is shortened to" the 5th "and add" this information in Zhuhai City Library, Archives reading places specially provided for public inspection, "the request.
The responsible person in Zhuhai City Environmental Protection Bureau of the defendant did not appear in court,hogan outlet milano, only two commissioned attorney accepted.
Three hours of court debate
Court Focus 1:
Whether the conditions for administrative prosecution case?
Plaintiff: sue reasoned
Sun farmers believe that the inquiry Zhuhai Municipal Environmental Protection Bureau website, he did not find the relevant information about battery recycling process. In accordance with Article 9 of the "People's Republic of China Government Information Disclosure Ordinance" (hereinafter referred to as the "Regulations"), the EPA should take the initiative to open the relevant information according to the law for public inquiries.
Sun Agriculture said that he had sent a letter to call and ask to reply, but until the court has still not received a reply. In accordance with the "Regulations" Article 33 "citizens, legal persons or other organizations believe the executive government information disclosure work in the specific administrative acts infringe upon their legitimate rights and interests, may apply for administrative reconsideration or bring an administrative lawsuit."
Courtroom, Sun sued the Environmental Protection Agency of Agriculture to come up with a dozen lines of evidence, including even primary school textbooks "Ideology and Morality." Sun farming represents the public should not know where to put waste batteries, while holding a bag full of waste batteries as evidence.
Defendant: by administrative organs
To conserve judicial resources EPA attorney argued, Sun farming shall report the executive, but to the lawsuit filed by the court, to avoid waste of judicial resources.
Court Focus 2:
EPA is doing to information disclosure obligations?
Plaintiff: EPA did not do to information disclosure obligations Sun farmers that the defendant did not do the Zhuhai Municipal Environmental Protection Bureau to information disclosure obligations. Before the trial, although he had received inscribed "Municipal Environmental Protection Bureau of Solid Waste and Radiation Environmental Management Center" (the "Manager") of a letter, but he believes that the unit is a subsidiary of Municipal Environmental Protection Bureau and institutions rather than the executive, and "regulations" does not match the information public body.
Defendant: "Management Center" and the Environmental Protection Agency
Belong to a unit of the EPA attorney argued, "Management Center" and EPA belong to one unit, in line with the "Regulations" requirement.
Attorney, he said that under the "Regulations" Article 2 "In this Regulation, government information, refer to the executive production in the course of their duties or acquired in some form of records, stored information", the EPA should be public information information, administrative authorities have no obligation to announce the formation of an applicant to collect, compile information, the information needs of the production process costs, government has no obligation to satisfy the curiosity of citizens or for scientific purposes and release information. The plaintiff requested information Municipal Environmental Protection Bureau has posted on its website, but also sent a letter to the plaintiff, has done to its information disclosure obligations.
Controversy: Now do I need to recycle used batteries?
EPA Solid Waste Center: general waste batteries and garbage treatment will not cause environmental pollution together
For battery recycling issues, solid waste center in Zhuhai City Environmental Protection Bureau, said the officer,air jordan homme,http://www.tj-ww.cn/home.php?mod=space&uid=203411, household batteries and general trash together, and do not cause significant pollution to the environment, and once concentrated together, to deal with it is a relatively poor Large sources of pollution. When the Environmental Protection Agency also held a press conference in March invited environmental experts made answer: "Since 2006,air max pas cher, our sales of mercury-free battery has reached the current level,air max pas cher pour homme, circulation and home use qualified battery on the market belong to none. Mercury, the mercury content of less than 0.0001% by weight of the battery. countries have introduced relevant policies, encourage centralized collection has been reached a battery low mercury or mercury-free requirements, and nickel-cadmium batteries,http://www.aipecco.it/coppermine/displayimage.php?pid=477/index.php/index.php/displayimage.php?pid=477&message_id=1e34511ac6369ed2cfec022f687446c1&message_icon=info#cpgMessageBlock, lead-acid batteries are collected focus.
Sun Agriculture: EPA misleading behavior on battery recycling issue
Sun farmers believe that the presence of misleading conduct on the EPA battery recycling issues. Answers experts likely to mislead the public do not believe that all waste batteries recycling, can be confused with ordinary household waste, will not cause significant harm to the environment. But the battery is not on the market are considered mercury-free batteries (such as "555" brand batteries), another major use of the market on the 1st, 3rd, 5th, 7th nickel-hydrogen batteries and cell phones, digital cameras, MP3 and other use The lithium-ion batteries and lithium polymer batteries used in notebook computers, these batteries are the focus of the recovery of the state, experts mention of "nickel-cadmium batteries" are now very few,nike tn requin pas cher, while the "lead-acid batteries," but also a professional recycling channels .
■ all points of view
Blue Angel Zhuhai Public people love commune president Chen Ying:
This case is a milestone in Zhuhai civil public interest litigation,http://www.mintbrokers.net/news/html/?36040.html, previously, need someone to open the first of its kind, Zhuhai low environmental awareness, this case also helps to raise public awareness of environmental protection. Environmental protection departments should lend a hand, to mobilize the masses, to raise environmental awareness, promote universal environmental protection, strengthening ecological protection, the development of the economy, but also to ensure that the environmental advantages of Zhuhai is not destroyed.
Zhuhai Lawyers Association, lawyers:
Sun farming lawyer in his capacity of a private citizen to the EPA "to launch an attack," the first ever filed Zhuhai lawsuits from environmental charity, which produces multiple social significance has been far greater than the victory of the outcome of the case itself. For humble together due to recycling of used batteries thing ordinary citizens appeal cases the executive authorities, its high degree of social attention is rare.
Must be returned to the business in the United States, the relevant departments to take environmental incentives, and buy a new back used batteries to implement the old method, people buy a new battery: the Chinese in America, environmental scientist Xue Shikui (Southern Florida Water Management Department of Concerned Scientists) old batteries,http://www.lqwhg.com/Review.asp?NewsID=54, old batteries can be returned back to receive $ 5 fee, such as unreasonable recovery, each bought a new battery need to pay 3-5 US dollars, Recovery and Disposal of waste batteries not only deal with the sources of pollution, and recycling of resources can be achieved re-use.
If for waste battery recycling event developed to suit this step, it is not to the environmental protection departments should actively discloses information about battery disposal, implementation of transparent operation, timely corrections, forming supervision standards.