On June 5, 2020, Liaoning High People's Court has published ten typical environmental resources cases selected for the period from 2017 to 2019 within Liaoning Province. 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 over the liability for pollution-caused damage in sea-connected waters, which was heard by Judge Dong Shihua of Dalian Maritime Court, was selected as one of the ten typical environmental resources cases.
Basic Facts
On March 14, 2014, the steel plate sluice gates in the upstream of Qipan River, which was constructed and maintained by Dalian Jinzhou New District Dengshahe Sub-District Office, were switched open and the water was 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 pond of sea cucumber farm of Duan Hongyuan, causing the fester and even the death of sea cucumbers. The above temporary cofferdams were built by Taitong Construction Group Co, Ltd. for the rubber dam project contracted out by Dalian Jinzhou New District Agriculture and Forestry Irrigation Bureau. After the completion of the project, Hao Jiabin used the cofferdams to make and to collect ice, and he was also the one who was 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.
Judgement
Dalian Maritime Court held that excessive fresh water, which reduced the salinity of seawater in the pond of the sea cucumber farm and then caused the fester and even the death of sea cucumbers, constituted pollutants to sea cucumbers. Each of the behaviors of the four defendants had a certain causal effect leading to occurrence of the incident and each should therefore assume the lability for the compensation. Each defendants were ordered in proportion to compensate of the reasonable losses caused to the plaintiff Duan Hongyuan. Liaoning High People's Court upheld the judgment in the second instance.
Typical significance
This case is a dispute over labilities for pollution-caused damages in sea-connected waters. In recent years, land-based pollution is becoming the main factor affecting the inshore marine environment quality in Liaoning. This is a land-based water pollution case, which is also a typical example of "multi-cause and one-effect" scenario. On the basis of an objective analysis of causes to the pollution, with the comprehensive consideration and balancing various factors, Dalian Maritime Court demonstrated in its judgment the value to equally protect both the environment restoration and interests of the local people. This case sets an example for other water pollution cases.
The ocean is an important environmental resource for Liaoning to promote its coastal economic belt and to guarantee its economic transformation and development. For the past five years, with resolving more than 200 cases concerning different types of marine ecological environmental disputes, Dalian Maritime Court has been making best use of its distinct advantages on its across-regional jurisdiction and the fund of professional knowledge of its judges. DMC provides a powerful legal services for protecting the marine ecological environment. Guided by President Xi Jinping's thought on ecological civilization and adhering to the concept of the green development, Dalian Maritime Court will continue to support the building of the marine ecological civilization through maritime justice, to undertake the duty of protecting marine resources and ensuring the sustainable development of ocean economy, and to boost the comprehensive and complete revitalization of Liaoning Province.
(By Dong Shihua)