China’s New Public Interest Environmental Protection Law in Action

October 19, 2015 by Nicholas Bihun | 0 comments

On Wednesday, September 9th,2015 the U.S.-Asia Partnership for Environmental Law hosted a discussion of new legal developments and reflections on field investigations with Chinese NGOs and attorneys with Jack Tuholske, Director Vermont Law School Water and Justice Program and Technical Advisor to the U.S.-Asia Partnerships; and Yanmei Lin, Associate Director U.S.-Asia Partnerships for Environmental Law at Vermont Law SchoolThe discussion touched on their recent article Field Notes From the Far East: China’s New Public Interest Environmental Protection Law in Action. The video of their presentation can be viewed above.

October 15, 2015
by Xiaoyu Zhang
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Guizhou Provincial High People’s Court Publicized 5 Typical Environmental Protection Cases

the Guizhou Provincial High People’s Court of China held a press conference on Sep 22, 2015, according to its official micro-blog, to (1) make a general introduction of the trials of ecological and environmental protection cases of Guizhou; (2) publicize five typical environmental protection cases of Guizhou; and (3) organize a trial court visit activity.

Source: Micro-Blog of Guizhou Gaoyuan.

Source: Micro-Blog of Guizhou Gaoyuan.

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October 8, 2015
by Yanmei Lin
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Environmental Law on Three Continents – A Research Conference on Comparative Environmental Law in China, USA and EU

P1220963 Uppsala

Environmental Law Scholars from EU, US and China

On August 26-28, 2015,  I attended a  comparative law research conference entitled  “Environmental Law on Three Continents” in Uppsala, Sweden. The conference was organized by the Faculty of Law at Uppsala Universitet, aiming to develop a platform for comparative legal research between scholars from EU (Sweden), China and US.  The conference was well attended with scholars from the Faculty of Law at Uppsala Universitet, top ranked universities in China (e.g. Sun Yat-sen University in Guangzhou, China University of Political Science and Law in Beijing and Wuhan University) , the USA-Asia Partnership for Environmental Law at Vermont Law School and Pace University in USA.  Many of the comparative law scholars from China were alumni who conducted residency programs at VLS. We were glad to get together again to study how our different legal systems tackle common and important environmental problems. I gave two presentations on the comparative law papers I am working on: one on Environmental Public Interest Litigation and one on Adaptive Law to Foster Resilience Lashihai Watershed, receiving great feedback from colleagues in the conference. Continue Reading →

October 2, 2015
by William Schulte
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Ninh Binh, Viet Nam: Workshop on International Experiences in Water Pollution Control

DSC_7341On September 10-11, 2015 I was lucky enough to have been invited to give a presentation on China’s Water Pollution and Prevention Control Law at the Workshop on International Experiences in Water Pollution Control in Ninh Binh, Viet Nam.  The workshop was organized by the Center for Environment and Community Research (CECR), a prominent NGO based in Hanoi, as a part of their campaign to raise awareness about water pollution issues facing Viet Nam and to promote the development and adoption of a comprehensive new water pollution control law for Viet Nam.  The event was well-attended by members of Viet Nam’s National Assembly, Ministry of Natural Resources and the Environment, and the Vietnam Environment Administration, as well as members of other relevant government agencies and Vietnamese NGO’s. Continue Reading →

October 2, 2015
by Yanmei Lin
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Trends of Environmental Criminal Enforcement in China

Supreme_People's_Court_of_P_R_China's_badge

Badge of the Supreme People’s Court of China Photo Source: Wikimedia Commons

 

In June, 2015, China’s Environmental and Resources Law Division in the Supreme People’s Court (SPC) said the courts opened 1188 environment pollution crime cases in 2014, which is 7.9 times more than cases filed in 2013.

What’s environmental crime? From the eyes of practitioners in the United States, environmental crime refers to the “intentional, knowing, reckless, or criminally negligent violation of federal or state environmental laws and regulations”. But in China, environmental crimes include both environmental pollution crimes and crimes of damaging natural resources.  Environmental pollution crime refers not only to criminally violations of certain environmental laws, but also to crime of dereliction of environmental supervision committed by government officials. The number of cases mentioned above SPC only referred to criminal enforcement of China’s pollution laws. This number shows a significant increase and signals a landscape change in environmental criminal enforcement in China. Continue Reading →

September 29, 2015
by Nicholas Bihun
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Yanmei Lin Discusses Issues with China’s New Environmental Public Interest Litigation Laws

Yanmei Lin, Presenting gift to President of Maritime Court Round-table

In June, Yanmei Lin, the Associate Director of the U.S.-Asia Partnerships for Environmental Law, was interviewed by chinadialogue to discusses issues with China’s new environmental public interest litigation laws. Continue Reading →