People power in China: Ordinary citizens can

now successfully sue polluters

by Graham Land -13th November 2015

AS the worlds most populous country, as well as by some measures
largest economy, it is logical that China should be the biggest polluter and
emitter of greenhouse gases on Earth. This is especially true in light of its
recent, breakneck industrialization and urbanization.
Yet in many environmentally harmful categories, China gets an
undeservedly bad rap. In terms of per capita emissions, the PRC trails

many developed countries. According to World Bank data, the United

States per capita ghg emissions are over 2.5 times Chinas. Per
capita energy usage between the two countries compares similarly. If we
take into account the sheer volume of goods produced in China for

Western markets including Western companies the true use of energy,

and source of emissions and pollution becomes even more on the shoulders
of the wealthiest nations.
Yet when all is said and done, regardless of which countries are using the
most resources and contributing the most emissions, China has a huge
pollution problem, despite government efforts towards cleaner air. It is a
problem that is not only hazardous to millions of its own citizens, but to
neighboring countries as well.
Thats why this spot of good news is so welcome.

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#soil_pollution#zinc#air_pollution#water_pollution

Instagram photos and videos-A photo posted by

@china_environment_report on Mar 1, 2015 at 10:50pm PST
New laws = new hope?

Last year China made sweeping changes in its policies on pollution, including
environmental protection law, which now enables ordinary citizens to file
environmental lawsuits against companies that illegally pollute. Despite these
landmark legal changes, there has been skepticism as to whether any such lawsuits
could be successful. Regardless of the strictness of environmental regulations in
China, authorities have often failed to enforce or implement the law.
Chinese environmental NGOs finally taste justice
In late October a court in Fujian province, in the southeastern part of the country, ruled
in favor of environmental groups in a case against owners of an illegal quarry near the
city of Nanping. The owners damaged forestland, building roads and polluting the area
for 3 years after being ordered by the Ministry of Land and Resources to cease
operations in 2008.
Though three defendants had already been found guilty and sentenced to jail for
appropriating agricultural land, the environmental groups suit held the company
responsible for restoring the environment of the site theyd polluted and levied fines
totaling US$230,000.

Houses and buildings are covered with haze in Shanghai, China. Pic: AP.

An important precedent
The success of Chinas first environmental lawsuit filed by citizen activists should buoy
hopes that democratic actions against companies, which flaunt regulations through
corruption or lack of legal enforcement, can be successful. It is also heartening that
the first successful lawsuit of its kind was also submitted on the very first day the new
environmental protection laws came into effect.
The success of Chinas first environmental lawsuit filed by citizen
activists should buoy hopes that democratic actions against
companies, which flaunt regulations through corruption or lack of legal
enforcement, can be successful.
This does not mean we should celebrate and declare China the home of
environmental citizen justice. While Chinese environmental organizations like Friends
of Nature and the Fujian Green Home Environmental-Friendly Centre have succeeded
in this landmark case, other groups have had less fortune with the new environmental
protection laws.
Ma Yong of the China Biodiversity Conservation and Green Development
Foundation is quoted inChina Dialogue:
The courts are mostly taking a cautious approach. They are worried that cases will
cause trouble for the local government, and as they havent heard public interest
cases before, they are unsure how to handle them or how to reach a verdict.
This difference, according to Ma, may simply be regional. The conventional belief that
more developed areas have better safeguards against over development compared to
less developed regions Fujian vs. western China, for example could be true in
this case.
Public interest lawsuits easier in China than in UK
Even prior to its new environmental policies, large-scale protests against pollution
became an established part of modern Chinese society. Yet the new laws make China
more conducive to public action than the United Kingdom, which is proposing more
regressive laws regarding citizen lawsuits against polluters.
Already punitive against individuals, charities and NGOs that lose environmental
lawsuits, the government plans to raise initial costs and fees for unsuccessful
environmental legal actions.
In this case, the UK could take a page from Chinas book on environmental people
power.
Posted by Thavam