Progress and Obstacles in Environmental Public-Interest Litigation under China’s New Environmental Law: An Analysis of Cases Accepted and Heard in 2015

Abstract

Article 58 of China’s Environmental Protection Law 2014 (epl) makes up for the earlier inadequacy of China’s environmental public-interest litigation (envpil), but its actual efficacy needs to be tested in practice. An analysis of the 38 cases accepted and heard in 2015 shows that envpil has indeed experienced some development since the epl came into force. Significant progress has been made in terms of the number and scope of cases accepted, range of plaintiffs and defendants, completion rates, the trial mechanism, and jurisdiction. However, there are still many problems relating to the acceptance and hearing of cases, the role of environmental protection tribunals, the selection criteria for cases, the identification of plaintiffs’ qualifications, and the determination of legal liability. Institutional factors, rather than legal texts, determine the future of China’s envpil. Overall, however, the developments are positive. This is important for all areas of environmental law in China, including the country’s still nascent climate change law. 1