Analysis On The Public Interest Lawsuit On Air Pollution Of Zhenhua Company Of Dezhou

Zhenhua company in Dezhou has been discharging pollutants into the atmosphere for a long time due to excessive standards.It has not been rectified after the administrative penalty imposed by the Municipal Environmental Protection Bureau and the Provincial Environmental Protection Bureau,which has caused a certain impact on the lives of the surrounding residents.In March 2015,China environmental protection federation filed a lawsuit against zhenhua for environmental damage caused by excessive discharge of pollutants by zhenhua company,asking the court to support its claim.The dispute focus of the public interest lawsuit on air pollution is whether there is any environmental damage caused by the excessive discharge of pollutants by zhenhua company;Whether there is a causal relationship between pollutant discharge and environmental damage;Whether the claims for environmental damages and punitive damages are reasonable.In the case of both sides and the evidence of the evidence,and the legal interpretation,and the applicable law and regulations,it is concluded that:(1)there is environmental damage to zhenhua corporation,and it has been accepted,and it is determined that the environmental damage has been determined by ecological environmental damages;(2)there is a cause-and-effect relationship between the pollution discharge behavior and the consequences of environmental damage.Through the judgment system of the cause-effect relationship of environmental litigation and in combination with the opinions of experts,it is confirmed that the polluter's excessive discharge behavior has a causal relationship with the damage;(3)the environmental damage compensation(ecological damage repair expense)standards,on the basis of the "the explanation of some issues about the trial of civil public interest litigation and related regulations,adopt virtual management cost method to calculate environmental damages;(4)after the compensation payment smoothly,compensation management,supervision,is one of the more important link,the damages into the designated account and compensation for use to draw the specified account,specify the implementation of the public system,implement the supervision of the good.