ELP Comments for Stronger Air Pollution and Public Interest Legislation

2014-10-01


NRDC's environmental law team recently submitted official comments on two crucial pieces of environmental legislation. In September, China's State Council released the first draft of China's Air Pollution Prevention and Control Law, but the draft still lacks teeth. NRDC suggested incorporating important elements currently missing from the law, namely, human health-based air quality standards, provisions on information disclosure and public participation, daily penalties, and positive market-based incentives. In addition, the national-level environmental tribunal of the Supreme People's Court publicly sought for comments for its draft interpretation containing guidelines to aid courts in handling environmental public interest civil lawsuits. NRDC’s feedback addressed qualifications for plaintiffs, standing, jurisdiction, evidence, burden of proof, and damage evaluation and compensation. Apart from compiling our own comments, we also collaborated to host a roundtable conference where participants from ten environmental groups summarized comments from an NGO's perspective. This interpretation will pave the way for more environmental NGOs to engage in public interest litigation when new amendments to the Environmental Protection Law go into effect beginning next year. 

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