Greenlaw Case in China: Tianjin Company Sued for Water Pollution

Thursday, April 16, 2009 11:14
Posted in category Citizens and Heroes
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Greenlaw, a website maintained by NRDC and CECPA, has recently released an English case summary and analysis of a court case in China.

The case highlighted is that of where a fish farmer has decided to sue a polluting firm over the loss of income. In essence, the firm dumped chemicals into the body of water where his fish were being raised, resulting in the loss of of over 3500kg of fish, and the resulting lost income

Why this post is so interesting, and why I encourage you to write it is that the authors are providing their own analysis of the case and have done a good job of explaining the context:

This is a typical case of environmental rights infringements caused by water pollution. If handled as a regular case of civil rights infringements, the victim in the case would be at a disadvantage. This is because four things must be proved in a civil case to establish liability for an infringement: that the infringing behavior was illegal, that damages resulted, that a causal link exists between the infringing behavior and the damages, and that the perpetrator is subjectively malfeasant.

It is an interesting, and important, look behind the scenes through live cases and I would suggest readers check back frequently as it appears that they have plans to release more cases in the future.

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