Court applies new environmental code in noise pollution case

A court in East China's Zhejiang province has ordered a seafood retailer to take measures to control noise and vibrations and compensate a neighboring resident for medical expenses and mental distress, in the first ruling based on the country's new Environmental and Ecological Code.

The Qujiang District People's Court in Quzhou announced the ruling on Saturday, which coincided with the fourth National Ecological Day and the effective date of the code.

The case began after a woman surnamed Zhang, whose apartment is directly above the seafood store, complained about persistent low-frequency noise and vibrations generated by the store's equipment.

The retailer had installed several rows of fish tanks and water pumps, as well as oxygen-supply equipment, which operated continuously to support its business. The noise and vibrations traveled through the building and particularly disrupted Zhang's sleep at night.

In March, Zhang sought medical treatment for sleep disorders. After repeated attempts to resolve the issue with the store failed, she took the matter to court, seeking the removal of the oxygen-supply equipment, an end to the nuisance and compensation for her losses.

During the proceedings, the court conducted several on-site inspections with experts and determined that the store's continuous noise emissions constituted environmental pollution that harmed others.

The court clarified that even when noise levels do not exceed national standards, a business can still be held liable if it fails to take effective measures to prevent and control noise, resulting in disturbances beyond what ordinary people can reasonably tolerate.

After a nearly two-hour trial, the court, applying the principles of economic efficiency and harm minimization, ordered the store to reduce noise and vibrations within a specified timeframe and compensate Zhang for her medical expenses and mental distress.

The court also emphasized the judiciary's role as both a guardian of environmental standards and a protector of legitimate business activities. It said the case demonstrated the need to balance environmental and residential rights with business operations, ensuring that the rule of law supports public well-being and sustainable development.

Gong Gu, a law professor at Peking University, praised the ruling as an example of a people-centered approach and a commitment to green development in environmental governance.

He said the decision sets a clear legal precedent for handling similar noise disputes in mixed-use buildings that combine shops and residential apartments.