Guiding Case No. 131

Guiding Case No. 131: All-China Environment Federation v. Dezhou Jinghua Group Zhenhua Co., Ltd.

Where a company repeatedly exceeds emission standards and remains uncorrected after administrative penalties, courts may treat the conduct as posing a major risk to the public interest and accept environmental public-interest litigation.

Holding

Where a company repeatedly exceeds emission standards and remains uncorrected after administrative penalties, courts may treat the conduct as posing a major risk to the public interest and accept environmental public-interest litigation.

Issues

major public-interest risk from air pollutionrepeated excessive emissionsadmissibility of environmental public-interest litigation