Protecting the Habitats of Endangered Species Through Environmental Public Interest Litigation in China: Lessons Learned from Peafowl Versus the Dam

Abstract

Abstract Green Peafowl stands as a landmark lawsuit in China where environmental NGOs successfully halted a project threatening habitat of endangered species. By examining this case, this analysis evaluates the promise and limitations of China’s civil environmental public interest litigation (EPIL) in protecting habitat. Under civil EPIL’s broad and flexible framework, environmental NGOs can convince the courts that a government-approved project would destroy the ‘biological habitat’ for endangered species and hold project developers accountable. By arguing that the environmental impact assessment (EIA) institution is jointly liable by preparing a flawed report, environmental NGOs can also use civil EPIL as an alternative avenue to challenge the quality of an approved EIA report. However, the timing of judicial intervention, uncertainties of litigation outcomes, the scope of protection, and the court’s attitude towards EIA claims limit the effectiveness of civil EPIL. This analysis highlights the need to address regulatory failures revealed by Green Peafowl.