1.Environmental Protection Association of Ganyu District, Lianyungang City v. Wang Shengjie (public interest litigation about compensation for environmental pollution and damage)

[Judgment Abstract]

Any person causing environmental pollution hazard shall be liable for eliminating such hazard. Where the actor, without permit, illegally discharges industrial waste acid to the river, causing environmental pollution, he shall assume the obligation of remediating the polluted environment to eliminate the harms already caused. To reach the ultimate goal of most scientifically and properly restoring the polluted environment, the court may provide professional technical support by calling in experts for testification in court. When the actor has inadequate solvency, the remediation costs may be determined by reference to the national standard for wages of employees. According to the purpose of environmental legislation “whoever produces pollution shall be responsible for its elimination and whoever causes damage shall be liable for its compensation,” the actor shall be required to make up damage to the environment caused by himself by providing labor that is good for the environmental protection.

2.People's Government of Jiangsu Province v. Anhui Haide Chemical Technology Co., Ltd. (dispute over compensation for ecological and environmental damage)

[Judgment Abstract]

An enterprise, public institution, or any other producer or distributor that hands over hazardous waste generated during its production and operation process to another enterprise or individual unqualified for disposal of hazardous waste to conduct disposal, causing environmental pollution, shall be liable for ecological and environmental damage. The people's court may decide to order the liable person to pay damages in installments after he or she has given effective security, taking into account the subjective fault, operating conditions, and other factors of the enterprise, public institution, or any other producer or distributor.

3.All-China Environment Federation v. Wuxi City Lihu Huishan Scenic Spots Management Committee (dispute over compensation for ecological and environmental damage)

[Judgment Abstract]

Environmental protection involves social public benefits and the act of pollution damaging environment may constitute criminal offence or only civil liability. The competent department develops the forest land without approval of changing forest land use, causing environmental damage, it shall bear corresponding civil liability. As to specific liability form, it shall be mainly restoration to the original state. Under the circumstance of failure to restoration to the original state, compensation for loss may be claimed. At the time of restoration to the original state, if the illegal construction project has larger public interests, the direct restoration to the original state may cause waste of social source. In this case, it may be restored at another place to achieve or exceed original ecological capacity level as soon as possible. For the site selection of restoration, it shall be determined according to the principle of being closest to the original infringed land and of economic and reliable restoration plan.

From：www.chinalawinfo.com