Original language
English
Country
China
Date of text
Status
Decided
Type of court
National - lower court
Sources
Court name
Qingzhen People’s Court of Guizhou Province
Seat of court
Guizhou Province
Reference number
Qing Huan Bao Min Chu Zi No. 16 (Civil Ruling)
Justice(s)
Luo Guangqian
Li Yunhe
Zhang Qi
Abstract
Huajin, an aluminum company, constructed a barrage to divert water from a river for a construction project. This caused water levels to drop downstream, where Taipinhe, a fish farm, was unable to retrieve enough water for its breeding ponds. Taipinhe attempted multiple times to intervene with Huajin and local authorities to restore water flow, without effect. As a result, large amounts of Taipihhe’s fish were killed due to water and oxygen deprivation. The court found Huajin liable for the value of the fish killed.
Key environmental legal questions
- Was Huajin subjectively at fault: Huajin was subjectively at fault for building the barrage without conducting and Environmental Impact Assessment, operating the barrage without permission at the time of the incident, and failing to notify downstream users of its operations.
- Was there a causal link resulting in liability: The reduction of water volume at the fishery did not occur until Huajin began diverting and storing water. There was thus a causal link, making Huajin liable for the value of the lost fish.