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Environmental Judicial Enforcement in China

This report by Alex L. Wang explores the state of Environmental Judicial Enforcement (EJE) in China, focusing on the critical roles played by government entities and citizens in enforcing environmental laws. It discusses the necessity of expanding standing for NGOs and citizens, breaking local protectionism, and the shift towards injunctive relief rather than mere compensation. Highlighting key experiments, court involvement, and the need for transparency in environmental legislation, this work underscores the importance of collaborative efforts between civil society and government in promoting robust environmental protection in China. ###

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Environmental Judicial Enforcement in China

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  1. Environmental Judicial Enforcement in China Alex L. Wang Senior Attorney Director, China Environmental Law Project Natural Resources Defense Council Manila, July 2010

  2. EJE Experiments • Expanding standing • Procuratorate • Agencies • NGOs/citizens • Jurisdiction – breaking the hold of local protectionism • Remedies & evidentiary burden • Focus on injunctive relief, shift away from compensation

  3. Why is Environmental Judicial Enforcement (EJE) Important? • EPIL provides multiple channels for enforcement of environmental law: by governmental agencies as well as citizens. • Government agencies use courts to enforce environmental laws • Citizen enforcement is an important supplement to government enforcement

  4. EJE Experiments in China: Environmental Protection Courts

  5. EJE Experiments in China: Maritime and General Courts

  6. Environmental Protection Courts: Active Labs for EJE in China

  7. Caseloads of Environmental Courts

  8. NRDC in China: Promoting Government and Civil Society’s Involvement in EJE • Policy research and advocacy for EJE: • Collaborative research with ERLI, 2005-2007 • US study tour, 2007 • EPIL book, 2009 • EP court field investigation, 2009-2010 • US study tour, 2010 • Environmental legislation and implementation: • Air law permitting regulation • Transparency: PITI • Cultivating a thriving community of environmental groups with legal expertise: • Various environmental law and regulation trainings • China legal fellows at leading environmental litigation and research institutes as well as grassroots environmental NGOs

  9. Thank You!awang@nrdc.org

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