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Pingnan County Xiping Village ZHANG Changjian and other 1720 persons v. Fujian Province (Pingnan) Rongping Chemical and Engineering Co. Ltd for Disputes over Environmental Pollution and Damage

Pays/Territoire
Chine
Date
Avr 15, 2005
Source
UNEP, InforMEA
Nom du tribunal
Ningde Intermediate People's Court of Fujian Province
Juge
ZHENG Zhiqiang (presiding)
WU Jialin
XU Zhongliang
Résumé
Defendant is the biggest chlorate production factory in Asia. Since its production in 1994, the waste air containing chlorine, waste water containing hexavalent chromium and solid wastes have been polluting the adjacent environment for over 10 years, which causes serious damages to the crops, bamboos, fruit trees and other trees. Plants cannot grow in several kilometers around the factory, and no aquatic livings can be found in the river. More and more villagers suffered serious diseases. Since the second year of its production till now (2005), not a single youth in the village passes the national military recruitment health examination. The court held after investigation that, even though a number of proof provided by the defendant indicated that its discharging activities were in compliance with laws, the evidence were insufficient to prove the non-existence of a causal link between the defendant's discharging of wastes and plaintiffs' damage. If the discharging of wastes caused damages, even if it is a legal activity, the defendant shall bear civil damage responsibility. The court held that the defendant shall cease all the infringements to the plaintiffs and make compensation equivalent to their losses.
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