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Zhejiang Pinghu Teachers Special Breed Farm v. Jiaxing Buyun Dye & Chemical Factory, etc. for Water Pollution Damage and Compensation

Pays/Territoire
Chine
Date
Jul 27, 1997
Source
UNEP, InforMEA
Nom du tribunal
Pinghu People's Court of Zhejiang Province
Juge
WU Zhaolong (presiding)
ZHOU Liping
YING Xiaojun
Résumé
The plaintiff is an American frog breeding base. Since the winter 1993, reddish-brown sewage water has constantly been flowing in the river where the plaintiff got water to the farm, resulting in the death of 2.7 million tadpoles. The plaintiff claimed that the untreated industrial waste water came from the defendants' factories. The defendants argued that they have already treated the sewage discharged in the river, besides, defendants' factories are far from the plaintiff's farm and there are other factories that also discharge waste waters in the rives. Therefore, the losses of plaintiff were not caused by the defendants' activities. The court found that, it is the fact that the sewage discharged by the defendants' is exceeded legal standards and the death of tadpoles caused economic losses to the plaintiff, however, no certain causal link could be established between the defendants' activities and plaintiff's losses. The court dismissed the case on lack of sufficient evidence provided by the plaintiff.
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