The Last Stand of Green Peafowls

by Zhang Boju

Back in 2016， Gu Bojian， who was pursuing his masters degree at the Xishuangbanna Tropical Botanical Garden of the Chinese Academy of Sciences， conducted a survey of the monsoon forest in the valley of the Luzhi River in southwestern Chinas Yunnan Province. A bird lover， Gu was well aware that the green peafowl， the only peafowl species native to China， could be found there. He learned during the trip that the construction of a hydroelectric station near a nature reserve in the region would submerge the largest and most intact natural habitat of the green peafowl in China. The bird was listed as “endangered” in China Red Data Book of Endangered Animals. The population of green peafowls in China was less than 500， making them even rarer than giant pandas， according to data from 2014 to 2017 released by the Kunming Institute of Zoology.

To seek a way to save the last home of green peafowls， Gu approached Friends of Nature， Wild China， and other environmental non-governmental organizations （NGOs）. In July 2017， my organization， Friends of Nature， filed a lawsuit against the companies responsible for developing the Jiasa River Hydropower Station， demanding a permanent halt to its construction. However， billions of dollars had been invested in the project， and the developers didnt give in. Such a lawsuit was destined to be a long-term struggle.

We set up an investigation team consisting of botanists， zoologists， lawyers， photographers，and outdoor explorers to gather evidence in the hinterlands of the green peafowls habitat. The mountains and forests were so remote that we had to raft through rushing rapids and past shoals to reach the area to conduct the investigation.

We ventured deep into unchartered areas again and again， and our efforts yielded promising results. We found green peafowls footprints on the beach and their feathers in the jungle. We set up infrared-triggered cameras in the habitat and captured photographs of many green peafowls. Everything we found was submitted to the court as precious evidence. Our three years of hard work eventually paid off. The construction on the Jiasa River Hydropower Station was suspended in March 2020， temporarily saving the green peafowls home.

Revision and implementation of the Civil Procedure Law of the Peoples Republic of China in 2012 marked the establishment of a public interest litigation system in the country. Chinas first preventive public interest civil lawsuit aiming to protect endangered wildlife， the victory of the green peafowl case evidenced the countrys transition from “coordinated economic and environmental development” to“environmental protection first.”

Not long has passed since the introduction of Chinas revised Environmental Protection Law in 2015， but Friends of Nature has witnessed significant improvement in Chinas framework for environmental public interest litigation after filing 49 lawsuits in recent years. The countrys courts used to know little about environmental impact lawsuits， but they have gradually accumulated experience after hearing such cases. Years ago when the public interest litigation system had just emerged， most defendants would impatiently ask the court，“Who is suing me？ What is he trying to get from me？”They didnt bother organizing defenses and just tried to avoid going to court. Over the past two years， however， we have seen more defendants hire environmental lawyers to prepare a robust defense on merits. This is a great progress. Environmental NGOs will keep working to safeguard the last habitat of the green peafowl since the court only issued a temporary injunction to suspend construction of the dam. Luckily， we are not alone on this journey. Many reporters， artists， science enthusiasts， educators， and publishers have been joining us in telling the story of the green peafowl to more people in different ways.