Environmental impact assessment litigation for the Shezi Island area development plan
Case Story
Residents of Shezi Island have filed an administrative lawsuit against the Taipei City Environmental Protection Bureau. The lawsuit stems from the city government’s approval of the environmental impact assessment (EIA) for the “Ecological Shezi Island” development plan, which involves the comprehensive development of Shezi Island through land expropriation. The plaintiffs allege significant flaws in the EIA review process; the city government excluded crucial facilities vital to overall drainage and flood control, such as a new sewage treatment plant, dike breaching, and external sluice gates, from the development plan without including them in the EIA scope. This not only violates relevant EIA regulations but also makes it impossible to accurately assess the actual flood control impact of the development on the surrounding area. Furthermore, the plan’s method of completely leveling the island will destroy existing settlements and social networks. Therefore, the residents are requesting the court to overturn the EIA review conclusion and order a reassessment.
Plaintiff
Shezi Island local residents
Appointed attorney
Attorneys Zhan Shungui, Guo Hongyi, Huang Xinwen, and Lü Guanhui
Defendant
Taipei City Environmental Protection Bureau
Interventor
Taipei City Government Land Administration Bureau, Land Development Division
Where is the case currently progressing?
On April 17, 2025, the Taipei City Government won the first instance trial at the Taipei High Administrative Court. The Taipei City Government has appealed to the Supreme Administrative Court, which is currently hearing the case.
What happened? Why file an administrative lawsuit against the Taipei City Environmental Protection Bureau?
Shezi Island is a sandbar located on the northwest side of Taipei City, at the confluence of the Keelung River and the Tamsui River. It is a natural floodplain, covering approximately 300 hectares and with a population of about 11,000.
Since 1960, Shezi Island has been designated as a flood detention area in Taipei’s flood control plans. Furthermore, it was designated a “development restriction zone” in the “Yangmingshan Administration’s Shilin and Beitou Areas Plan,” prohibiting and restricting construction. This means that Shezi Island can only be used for minimal land use. Compared to the 200-year return period flood protection standard for other waterfront areas in Taipei, Shezi Island has maintained a relatively low 20-year return period (only higher than the 5-year return period for Guandu area) since 1987, avoiding the risk of flooding in surrounding areas if the levees are raised.
However, as urban land becomes increasingly scarce, Shezi Island, a relatively intact piece of land, has inevitably fallen into the Taipei City Government’s numerous “land development” plans. For example, the Taipei Manhattan Plan was proposed during the Hau Lung-bin administration in 2000 (but ultimately failed to pass the environmental impact assessment process), and the Eco-Shezi Island Plan was proposed during the Ko Wen-je administration in 2016 (the subject of this environmental impact assessment lawsuit). These plans share the common feature of leveling and filling in the island’s land and raising the surrounding seawalls, transforming the restricted Shezi Island into a large area available for residential, commercial, and industrial use.
Regarding the Eco-Shezi Island development plan, the Taipei City Government intends to conduct overall development through land acquisition. This “old city renewal” development plan covers 302.1 hectares, exceeding the 20-hectare limit stipulated in Article 27, Paragraph 1, Item 7 of the Environmental Impact Assessment Scope Determination Standards for Development Activities. Therefore, an environmental impact assessment was required. The Taipei City Government approved the environmental impact assessment on January 19, 2022. However, what raises questions is how raising the dike on Shezi Island will affect the drainage and flood control of neighboring areas (such as the Guandu Plain, Wugu, Sanchong, and Luzhou). Moreover, this project is a development plan to lift restrictions on construction, prioritizing flood control. Therefore, whether the environmental impact assessment (EIA) is based on sufficient information to determine whether the proposed flood control facilities on Shezi Island can still achieve Taipei’s flood control goals is a key focus. Secondly, whether the Taipei City Government included all aspects of the development plan in the EIA review, or arbitrarily separated them (such as wastewater treatment facilities), is also crucial to the legality of the EIA conclusions.
Furthermore, the Taipei City Government’s approach of phased expropriation and complete land clearing may be contrary to protecting residents’ lives and property. This approach ignores the relatively low cost of living and the still-active agricultural land on Shezi Island, which provides a place for many families and the elderly to live. It also overlooks the island’s unique settlement patterns and intangible cultural assets such as the “Nighttime Earth God” folk rituals—networks of care and support that cannot be replaced by simply relocating residents to project-based housing. For residents, if the Taipei City Government truly intends to address Shezi Island’s long-standing problems of construction restrictions, lack of detailed planning, and insufficient public facilities, it should propose an “environmental redevelopment” plan rather than a comprehensive development project: assisting existing residents with on-site redevelopment and providing necessary infrastructure.
Given the numerous controversies surrounding the environmental impact assessment (EIA) conclusions, Shezi Island residents have filed a lawsuit to have the EIA conclusions revoked.
What demands do we have for the court?
The environmental impact assessment review conclusion was revoked.
What are the main legal issues in this case?
1. Does the failure to include the proposed wastewater treatment plant in the environmental impact assessment report's scope for combined analysis and evaluation violate the Guidelines for Environmental Impact Assessment of Development Activities (Article 12 at the time of application in this case, and Article 17 of the current law)?
The court agrees with our argument that: wastewater from the Shezi Island development project’s operational phase will be treated by the newly established Shezi Island wastewater treatment plant before discharge. The Shezi Island wastewater treatment plant is clearly a wastewater treatment facility planned and constructed independently by the Shezi Island development project. Furthermore, this wastewater treatment plant primarily treats domestic sewage from completed residential buildings, with a projected daily treatment capacity of 35,000 tons. This sewage will be discharged into the central river channel of the development project, affecting the river’s flood storage capacity and the results of hydrological analysis. It is also linked to the operation of the central river’s floodgates and is directly related to whether the flood control plan’s objectives can be achieved.
Therefore, the Shezi Island Wastewater Treatment Plant was not included in the overall Shezi Island development plan for environmental impact assessment (EIA), violating Article 17, Paragraph 1 of the Guidelines for Environmental Impact Assessment of Development Activities.
2. Is it illegal that the EIA report did not include the flood control works, including the dike breach, external gates, and high-level protection facilities, within the scope of the EIA for this development plan?
The court agrees with our argument that the aforementioned flood control facilities are inseparable from the flood control function of the central river channel and are integral. Excluding them from the submitted EIA would prevent the flood control objectives of this development plan from being achieved, therefore it is illegal.
3. Did the disputed dike works legally comply with the relevant procedures of the Wetland Conservation Act?
When the Taipei City Government Land Administration Bureau’s Land Development Division consults with the central competent authority, namely the Ministry of the Interior, in accordance with Article 27 of the Wetland Conservation Act, it should not exclude the breaching project and the external gate from the assessment scope.
What effect/goal does this lawsuit hope to achieve?
Revoke the Taipei City Government’s environmental impact assessment (EIA) conclusion that it “passed.”
Urge the Taipei City Government to reflect on the “Ecological Shezi Island” development plan, arguing that it is unreasonable and infeasible. The development project should be withdrawn, and a new assessment and planning should be conducted.
Further consideration should be given to whether continuing to adopt the “waterfront concrete” flood control method fundamentally contradicts current planning concepts such as “flood resilience” and “sponge city.”
You can search for the judgment document if you wish to read it.
Taipei High Administrative Court, High Division, Judgment No. 47 of 2013