Guiding Case No. 204

Guiding Case No. 204: Chongqing Municipal People's Procuratorate Fifth Branch v. Chongqing Yuhuang Power Equipment Manufacturing Co., Ltd. et al.

Courts may credit genuinely additional environmental retrofit costs against ecological-damage compensation where the retrofit goes beyond mandatory compliance and demonstrably reduces risk or emissions; ordinary compulsory compliance costs are not deductible.

Holding

Courts may credit genuinely additional environmental retrofit costs against ecological-damage compensation where the retrofit goes beyond mandatory compliance and demonstrably reduces risk or emissions; ordinary compulsory compliance costs are not deductible.

Issues

offset of environmental retrofit costsmandatory compliance dutiesecological-damage compensation