Environmental Public Interest Litigation Research Articles

An empirical study of marine environmental civil public-interest litigation in China: Based on 216 cases from 2015 through 2022

This article examines marine environmental civil public-interest litigation landscape in China based on a comprehensive empirical study of 216 cases adjudicated from 2015 through 2022. Marine environmental civil public-interest litigation is under robust development in China with the number of cases increasing and high-profile cases emerging. Many cases were built upon related criminal and administrative proceedings and the procuratorate, as a qualified plaintiff, has led in initiating litigation. The liability system is maturing with flexible remedies and a high plaintiff win rate. First-instance judgments were rendered effectively and alternative dispute resolution was used. Besides the notable progress deserving attention, there are still several obstacles yet to be overcome, such as the divergence in the categorization of cases, the application of law and the attitude towards the standing of environmental NGOs. Besides, the number of cases initiated by marine environmental supervision and management departments is relatively small and jurisdictional matters also need to be further clarified. A feasible approach to overcome these obstacles is to come up with a set of systematic and coordinated rules in this field either by releasing specialized judicial interpretations on marine environmental public-interest litigation or by revising the existing Marine Environmental Protection Law when appropriate. By this means, it could potentially optimize the system of marine environmental civil public-interest litigation and enhance its efficacy in protecting the marine environment and resources.

Research on Plaintiff Qualifications of China's Environmental Public Interest Litigation

Research on Plaintiff Qualifications of China's Environmental Public Interest Litigation

建立预防性环境行政公益诉讼制度的困境及解决措施

建立预防性环境行政公益诉讼制度的困境及解决措施

Public Interest Litigation in Climate Justice: Chinese Mode of EPIL in Transnational Climate Disputes

Climate change presents one of the most pressing challenges of our time, impacting ecosystems, communities, and fundamental human rights. This abstract introduces an in-depth exploration of the nexus between climate justice, human rights principles, and the instrumental role of Environmental Public Interest Litigation (EPIL) in ensuring accountability and equity. With a particular emphasis on the Chinese context, the article explores the theoretical underpinnings, practical applications, and future prospects of attaining climate justice using EPIL. The analysis of how the Chinese model of EPIL may be modified for international climate disputes, as well as the possibilities and obstacles involved in doing so, forms the basis of this conversation. The theoretical framework emphasizes the importance of human rights in tackling climate-related challenges by incorporating concepts like the right to life, and the right to a healthy environment. This study discusses the causal and logical relationships between basic theories, such as the Precautionary Principle, Common But Differentiated Responsibilities (CBDR), public trust, and the actual application of EPIL in international dispute settlement. There is a discussion of the practical applications of EPIL in climate cases, which include disclosing environmental information, fighting fossil fuel projects, advocating for climate adaptation, protecting vulnerable communities, challenging government inaction, and promoting renewable energy. Every application provides a practical example of how EPIL may be an effective instrument for attaining environmental justice. The prospects of EPIL in the Chinese setting are examined, taking into account the distinct legal environment and possible directions for future growth. In order to address the global character of climate concerns, international cooperation and legal processes are essential. The article ends by analyzing the opportunities and difficulties of adopting and enforcing the Chinese model of EPIL in transnational climate disputes. This thorough examination aims to further the conversation about human rights, climate justice, and the function of laws like EPIL in guaranteeing a sustainable and just future. EPIL foster global collaboration, apply environmental responsibility, raise public mindfulness, incentivize climate-friendly practices, uphold CBDR principles, and position nations as leaders in transnational climate action. By espousing, legalizing, and administering the Chinese mode of EPIL in international climate controversies, can be embarked on a path towards a world where responsibility is the foundation of climate action, where environmental rights are upheld as abecedarian mortal rights, and where justice transcends borders. legalizing and administering the Chinese mode of EPIL in international climate controversies requires the development of transnational agreements, the establishment of international climate courts, standardized procedures, data participating mechanisms, obligatory compliance, civil society participation, commercial responsibility norms, agreement options, monitoring, and global cooperation. This comprehensive approach can pave the way for the application of EPIL as an important tool for addressing climate justice on a global scale.

Environmental judicial protection and urban green technology innovation: evidence from China’s environmental public interest litigation pilot

ABSTRACT Environmental justice is an important part of the environmental governance system. We use the exogenous shock of the environmental public interest litigation (EPIL) pilot implemented by the Chinese government in 2015 to construct a quasi-natural experiment and employ the difference-in-differences (DID) model to examine the impact and its mechanisms of environmental judicial protection on urban green technology innovation (GTI) with the help of the panel data of 274 cities in China from 2011 to 2019. The results show that the EPIL policy can significantly promote urban GTI. Mechanism tests reveal that the EPIL policy can induce urban GTI by raising public environmental attention (PEA) and strengthening the application of digital technology (DE). Heterogeneous analyses indicate that the promoting effect is more significant in eastern cities, southern cities, cities with higher administrative levels, larger cities, and cities with higher economic development levels. Our study not only enriches the relevant literature in the field of ‘law and economics’, but also provides a reference for policymakers to scientifically implement EPIL policy.

China's marine environmental public interest litigation: current situation, challenges, and improvement approach –analysis based on 339 cases

Marine pollution and ecological damage seriously undermine economic and social development and human life and health and threaten the sustainable development of human society. With the rapid development of industrialization and urbanization and the intense exploitation of marine space and marine natural resources, China’s marine ecology is facing serious problems such as pollution of marine waters, the decline of marine plant and animal resources, and the impairment of the ecological function of coastal zones. China’s marine environmental public interest litigation (MEPIL) has achieved remarkable results in protecting marine natural resources, safeguarding the marine ecosystem, and preventing marine pollution and ecological damage. The paper closely combines the judicial practice of Chinese MEPIL, exploring 339 legal cases brought by administrative organs, public prosecutors, and non-governmental organizations (NGOs) presented on the China Judgment Online from 2018 to 2023. It can be concluded that three modes of MEPIL, namely civil, administrative, and civil public interest litigation incidental to criminal proceedings, have been constructed. Attempts have been made to confirm the standing of the litigation, improve the pre-litigation procedure, and clarify the types of compensation. However, significant obstacles exist in China’s MEPIL. Theoretical clarifications and practical distinctions with other types of proceedings should be made. The current standing should be improved regarding procuratorial organs, administrative authorities, and social organizations. Court jurisdiction systems need to be enhanced. Inconsistencies in the legal provisions on whether MEPIL cases must be under the exclusive jurisdiction of the maritime courts have impeded the efficiency of the handling of cases. The corresponding solutions to the aforementioned obstacles are also analyzed. Clarifying the MEPIL’s nature and improving the relevant laws, and regulations, are essential measures. In addition, providing the explicit interpretation of the legal provisions, expanding the standing, and improving the jurisdictional and other legal system should be explored.

Research on Compensation System for Ecological Environment Damage—Taking Ganzi Prefecture of Sichuan Province as an Example

The construction of ecological civilization is a process of sustainable development. Environmental protection extends from individual interests to social public interests, from general tort compensation to environmental public interest litigation and ecological environmental damage compensation, which effectively improves the ecological environment. As the most important natural forest distribution area in Sichuan Province, Ganzi Prefecture is an important part of the ecological protection barrier and “China Water tower” in the upper reaches of the Yangtze River and the Yellow River. It is rich in forest, grassland and wetland resources and has a good ecological environment. This paper mainly makes an empirical study of the ecological environment damage compensation system in Ganzi Prefecture, and puts forward some suggestions for improving the system.

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

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.

Enforcing Law Through Authoritarian Environmentalism? State and Non-State Actors in China's Environmental Public Interest Litigation

Numerous studies have examined China's authoritarian environmentalism, with a focus on policy-making and implementation. We argue that law enforcement should also be investigated as a crucial stage. Specifically, we examine environmental public interest litigation (EPIL) and analyse a novel dataset of 7010 EPIL court judgements from 2015 to 2020. We find that state prosecutors dominate EPIL activities, while the role of non-governmental organisations (NGOs) is strictly limited. We also show great variations in EPIL lawsuits filed by state prosecutors across provinces, indicating high local discretion over environmental law enforcement. Lastly, we doubt whether the great number of EPIL outputs from state prosecutors will produce significant environmental outcomes, because they tend to target low-hanging fruit, in contrast to the more challenging and environmentally profound EPIL cases initiated by NGOs. We highlight the value of using the authoritarian environmentalism framework to contextualise debates surrounding the development of EPIL in China.

An Unlikely Duet: Public-Private Interaction in China's Environmental Public Interest Litigation

AbstractIncreasing research has been devoted to examining collaborations between public and private actors in environmental regulation under neoliberal democracies. However, this public-private interaction in authoritarian regimes remains understudied. This article seeks to address this gap in the literature through an empirical examination of the interaction between environmental non-governmental organizations (NGOs) and procuratorates in China's environmental public interest litigation. We find emerging complementarity: NGOs focus on new issues and target high-profile defendants to increase the socio-legal impact of their civil litigation, whereas procuratorates increasingly engage in administrative litigation against government agencies. This complementarity is shaped by the different legal opportunities for Chinese NGOs and procuratorates, as well as their respective institutional objectives and capacities. Their divergent regulatory preferences have also fostered synergy between these two actors, allowing them to collaborate on legal experimentation and innovation.

Procuratorates at the crossroad: performance, controversies and prospects of procuratorial EPIL in China

Procuratorial environmental public interest litigation (EPIL) has shown its vitality in addressing environmental concerns through the channel of PIL and gained momentum in the nation’s agenda-setting. Procuratorial activism is signalled and revealed by mobilizing procuratorates at all levels, activating PIL in all types of litigation, seeking breakthroughs in new fields, and replacing the role of gap-filling with a paramount one in practice. It is noteworthy that the efficacy of procuratorial EPIL may be discounted due to its cherry-picking feature in case screening. Caution should be placed against procuratorial activism, which may risk crowding out NGOs by a turn of policy focus to criminal prosecution with incidental civil EPIL, and intruding administrative discretion by a comparatively low threshold to initiate administrative EPIL and tightened judicial review. Procuratorial EPIL needs to be founded on a rational design of procuratorates’ role in the overall EPIL system by coordinating between the dual roles of EPIL litigants and the constitutionally entrenched role of legal supervisions. Connection mechanisms among different types of PIL should be established to bring each into full play and reach synergy. Legal empowerment and top-down design should be adopted to reduce discrepancies and increase cohesion.

From Peripheral Actors to Established Players: Environmental NGOs’ Participation Through Public Notice-And-Comment Procedures and Environmental Public Interest Litigation in China

ABSTRACT Despite the tightening control over civil society in China in the last decade, environmental NGOs’ participation in the regulatory process via legalized channels has increased. Drawing on participant observations, interviews, and court judgments, this article examines the recent dynamics of institutional participation of environmental NGOs through public notice-and-comment procedures and environmental public interest litigation (EPIL) in China. With stable opportunities for engagement, environmental NGOs have begun to turn themselves from peripheral actors into established players by helping identify and enforce violations, filling statutory gaps, and providing additional information and expertise in public notice-and-comment procedures and EPIL suits. While challenges remain, this article suggests that the practices of institutional public participation and changing citizen expectations hold great potential for promoting the pluralization of environmental regulation in authoritarian China.

New Procuratorial Role in Marine Environmental Public Interest Litigation

Abstract Recent developments in marine environmental public interest litigation in China raise questions about the procedure and operation of the procuratorial organ – a body that can support public interest aspects of litigation. This article examines the legal basis of public interest litigation in both a civil and criminal context. It considers the practice of other States, including the United States, as a point of comparison. A key issue is to determine the meaning of public interest, and how this relates to national or social interests, since this will influence the work of procuratorial organs.

Types of Environmental Public Interest Litigation in China and Exploration of New Frontiers.

Since "ecological civilization" was written into the constitution, China has continuously strengthened ecological and environmental protection and innovatively established an environmental public interest litigation system. However, China's current environmental public interest litigation system is not sound, especially since the types and scope of environmental public interest litigation are unclear, which is the core problem we aim to solve. To explore the types of environmental public interest litigation in China and the possibility of expanding new fields, we first used the normative analysis method to review the legislation of environmental public interest litigation in China and then conducted an empirical analysis of 215 judgment documents of environmental public interest litigation in China, and we concluded that the legal types and scope of application of environmental public interest litigation in China are constantly expanding. To reduce environmental pollution and ecological damage as much as possible, we argue that China should further expand the application of environmental administrative public interest litigation to improve the environmental civil public interest litigation system and adhere to the criteria of "behavior standards first, result standards second" and "prevention first, recovery second". At the same time, through the internal connection mechanism between procuratorial suggestions and environmental administrative public interest litigation, the external cooperation between environmental organizations, procuratorates, and environmental administrative departments should be strengthened, and a new mechanism for environmental public interest litigation should be established and improved to accumulate useful experience in the judicial protection of China's ecological environment.

Evaluation on the Achievements of Environmental Public Interest Litigation against the Pollution in a Typical Lake in China

The sources of the pollution in lakes might be quite complex and difficult to control. This study analyzed and evaluated the pollution control effects of a typical lake (Nansi Lake) located in northern China through judicial means. The water quality at 52 sampling sites was investigated to assess results from individual cases located in heavily polluted areas. The water quality of the entire lake and stream was further assessed using data from the National Automatic Water Quality Monitoring System. Finally, 70 kinds of pesticides from 21 sites in the lake were analyzed to assess the reduction of the agricultural diffused pollution. The results show that the water quality of the lake in 2021 has been significantly improved compared to 2020. From April 2021, China has initiated a series of procuratorial environmental public interest litigation to protect this lake, with 205 cases closed including 185 administrative cases and 20 civil cases. The results show that procuratorial environmental public interest litigation has made great contributions to solving the long-standing pollution problem in Nansi Lake.

碳排放数据造假环境公益诉讼规制路径探析

碳排放数据造假环境公益诉讼规制路径探析

The Identification of “Not Performing Duties According to Law” in Environmental Administrative Public Interest Litigation

The Identification of “Not Performing Duties According to Law” in Environmental Administrative Public Interest Litigation

Research on the Starting Standards of Preventive Environmental Civil Public Interest Litigation Arbitration

Research on the Starting Standards of Preventive Environmental Civil Public Interest Litigation Arbitration

On the “Significant Risk” of Preventive Environmental Public Interest Litigation

On the “Significant Risk” of Preventive Environmental Public Interest Litigation

Research on the Legal System of Environmental Public Interest Litigation from the Perspective of Sustainable Development

Research on the Legal System of Environmental Public Interest Litigation from the Perspective of Sustainable Development