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

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Presentation on theme: "Alex L. Wang Senior Attorney Director, China Environmental Law Project Natural Resources Defense Council Manila, July 2010 Environmental Judicial Enforcement."— Presentation transcript:

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

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3 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

4 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

5 EJE Experiments in China: Environmental Protection Courts Experimenting Courts EJE Model (classified by plaintiff) Issues to AddressTypical Cases Environmental Protection Court Government Agencies Lack of effective administrative enforcement tools Local protectionism (undue influence from the local government) Cross-jurisdiction pollution Two Lakes One Reservoir Management Bureau v. Tianfeng Chemical Company Local Procuratorates Lack of effective administrative enforcement tools Guiyang People’s Procuratorate v. Xiong Jinzhi etc. Environmental groups Local protectionism (undue influence from the local government) Prevention via injunction rather than after-the-fact compensation sought by individual victims ACEF v. Jiangsu Jiangyin Containers Company; ACEF v. Qingzhen Land and Resources Bureau

6 EJE Experiments in China: Maritime and General Courts Experimenting Courts EJE Model (classified by plaintiff) Issues to AddressTypical Cases Maritime CourtLocal Procuratorates Lack of effective administrative enforcement tools Local protectionism (undue influence from the local government) Guangzhou Haizhu District Procuratorate v. individual polluter General CourtLocal Procuratorates Lack of effective administrative enforcement tools Jiangxi Xinyu People’s Procuratorate v. polluter

7 Environmental Protection Courts: Active Labs for EJE in China Provinces Provincial Court Intermediate People’s Courts Environmental Divisions Basic Court Level Environmental Divisions/Tribunals Environmental Panels Environmental “Circuit” Courts Total Fujian 1 Zhangzhou 2 Tuorong County, Najing County 4 Fuzhou Gulou District, Longhai City. Zhangpu County, Datian County 2Guizhou 1 Guiyang 2 Qingzhen City, Liupan Mountains, Zhongshan District 1 Wanshan Special District 1 Qianxi County 3Hainan 1 Changjiang County 4Hunan 1 Zhuzhou 2 Chaling County, Yizhang County 5Jiangsu 1 Wuxi 7 Nanjing Qinhuai District, Wuxi Binhu, Xishan, Huishan District, Beitang District, Jiangyin, Yixing County 2 Nanjing Jianye District, Changzhou

8 Provinces Provincial Court Intermediate People’s Courts Environmental Divisions Basic Court Level Environmental Divisions/Tribunals Environmental Panels Environmental “Circuit” Courts Total Liaoning 1 Shenyang 4 Shenyang Tiexi District, Dongling District, Shenhe District, Kangping County 1 Dalian Shahekou District 7Shaanxi 1 Xian Beilin District 8Shandong 1 Qingdao Chenyang District 9Sichuan 2 Yibin Cuiping District, Lu County 10 Tianjin 1 Heping District 11Yunnan 2 Kunming, Yuxi 3 Yuxi Chengjiang, Jiangchuan, Tonghai County 2 Huize, Funing

9 Caseloads of Environmental Courts Court (Date of Establishment) Total Number of Cases Case DistributionNumber of EPIL Cases Two courts in Guiyang, Guizhou Province (Nov. 20, 2007) 110 † 70% - criminal cases; 12% - civil cases; 9% - enforcement cases; 8% - non-litigation administrative enforcement cases; 0% - administrative cases. 3 Wuxi Environmental Court, Jiangsu Province (May 6, 2008) More than 300 †† 95% are non-litigation administrative enforcement cases brought by environmental authorities 1 Kunming Environmental Court, Yunnan Province (Dec. 11, 2008) 12 ††† 4 - criminal cases; 1 – administrative case; 6 – civil cases (all related to one incident) 0 † Nov. 20, 2007 – Dec. 20, 2008 † † May 2008 – May 2009 † † † Dec – May 2009

10 NRDC in China: Promoting Government and Civil Society’s Involvement in EJE  Policy research and advocacy for EJE: Collaborative research with ERLI, US study tour, 2007 EPIL book, 2009 EP court field investigation, 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

11 Thank You!


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