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Environmental Judicial Enforcement in China. Alex L. Wang Senior Attorney Director, China Environmental Law Project Natural Resources Defense Council Manila, July 2010. EJE Experiments. Expanding standing Procuratorate Agencies NGOs/citizens
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Environmental Judicial Enforcement in China Alex L. Wang Senior Attorney Director, China Environmental Law Project Natural Resources Defense Council Manila, July 2010
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
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
Environmental Protection Courts: Active Labs for EJE in China
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