Reference Case: Qu Zhongquan v. Shandong Fuhai Industrial Co., Ltd.
Where the victim proves pollutant discharge, the damage, and a sufficient connection between the two through inspections and expert testing, the polluting enterprise bears the burden to disprove causation or establish a defense. Failing that, the enterprise is liable, though courts may adjust the percentage of liability to account for other factors such as weather.
Holding
Where the victim proves pollutant discharge, the damage, and a sufficient connection between the two through inspections and expert testing, the polluting enterprise bears the burden to disprove causation or establish a defense. Failing that, the enterprise is liable, though courts may adjust the percentage of liability to account for other factors such as weather.
Issues
crop loss caused by industrial emissionsproof of causation in environmental pollution casesallocation of liability amid weather factors