On June 5, 2020, Liaoning High People’s Court published the Top Ten Typical Environmental Resources Cases selected from the period of 2017 to 2019 in Liaoning provincial courts. Duan Hongyuan v. Dalian Jinzhou New District Agriculture and Forestry Irrigation Bureau, Taitong Construction Group Co. Ltd., Hao Jiabin and Dalian Jinzhou New District Dengshahe Sub-District Office, a case concerning the dispute over the liability for pollution damage at waters leading to the sea, which was heard by Judge Dong Shihua of the Court, was selected as one of the Top Ten Typical Environmental Resources Cases.
Basic Facts
On March 14, 2014, the steel plate sluice gates in the upstream of Qigan River, which was constructed and maintained by Dalian Jinzhou New District Dengshahe Sub-District Office, were switched open and the water discharged. When the river water flowed downstream, it was blocked by the temporary cofferdams and then the flow changed its direction. The river water therefore poured into the sea cucumber circle operated by Duan Hongyuan, resulting in the fester and even the death of sea cucumbers. The above temporary cofferdams were built by Taitong Construction Group Co, Ltd. as the rubber dam project awarded by Dalian Jinzhou New District Agriculture and Forestry Irrigation Bureau. After the completion of the project, Hao Jiabin used the cofferdams to make and collect ice, and he was also the one responsible for the removal of the cofferdams in due time. Duan Hongyuan filed the case to the Court and claimed the above-mentioned entities and individuals for joint and several liabilities for the losses suffered upon him.
Judgment
The Court held that excessive fresh water, which reduced the salinity of seawater in the sea cucumber circle and then caused the fester and even the death of sea cucumbers, constituted the pollutants to sea cucumbers. Each of the behaviors of the four defendants had a certain causal effect on the occurrence of the incident and each should therefore assume his liability for the compensation. Each defendant was ordered in proportion to compensate the reasonable losses of the plaintiff Duan Hongyuan. Liaoning High People’s Court upheld the judgment in the second instance.
Typical significance
This is a case concerning the dispute over the liability for pollution damage at waters leading to the sea. In recent years, land-based pollution has constituted the main factor affecting the inshore marine environment quality in Liaoning province. The land-based water pollution in this case is also a typical example of “multi-cause and one-effect” scenario. On the basis of an objective analysis on the causes of the pollution, comprehensively considering and balancing the various factors, the Court demonstrated in its judgment the value of equally protecting both the ecological environment restoration and interests of the local people. This case sets an example for hearing the other water pollution cases.
The sea is an important environmental resource for Liaoning province to promote its coastal economic belt and guarantee its economic transformation and development. In the past five years, with resolving more than 200 cases concerning different types of marine ecological environment disputes, the Court has been making full use of its distinct advantages on the across-regional jurisdiction and the professional knowledge of judges to provide a strong judicial service and guarantee for protecting the marine ecological environment. Guided by President Xi Jinping’s thought on ecological civilization and adhering to the concept of green development, the Court will continue to promote the building of the marine ecological civilization through maritime trial, undertake the duty of protecting marine resources and ensuring the sustainable development of marine economy, and boost the comprehensive and all-around rejuvenation of Liaoning province.
By Dong Shihua