Comments on: environmental protection: enforcement? (part 2) http://www.chinalawandbusiness.com/2008/04/01/enviromental-protection-enforcement-part-2/ A China law blog covering issues in Chinese law, business, and society Thu, 20 Nov 2008 16:59:53 +0000 http://wordpress.org/?v=2.3.2 By: T Chow http://www.chinalawandbusiness.com/2008/04/01/enviromental-protection-enforcement-part-2/#comment-224 T Chow Wed, 02 Apr 2008 18:10:31 +0000 http://www.chinalawandbusiness.com/2008/04/01/enviromental-protection-enforcement-part-2/#comment-224 Charlie: I could not agree more. Thanks for the clarification. Charlie:

I could not agree more. Thanks for the clarification.

]]> By: Charlie McElwee http://www.chinalawandbusiness.com/2008/04/01/enviromental-protection-enforcement-part-2/#comment-223 Charlie McElwee Wed, 02 Apr 2008 10:51:49 +0000 http://www.chinalawandbusiness.com/2008/04/01/enviromental-protection-enforcement-part-2/#comment-223 Tom: I should note that most lawyers in China who currently bring actions on behalf of plaintiffs injured by environmental pollution are what would be characterized as "public interest" lawyers in the US. These lawyers in the US would now be more focused on "citizens' suits," than on personal injury suits (because the well-developed plaintiff's bar provides a market option). Citizen suits (where private citizens are authorized to sue to enforce the law on the books in the absence of effective enforcement by the primary enforcement authorities) have not been authorized in any of China's environmental laws, thus, the barriers to these suits are more than structural and cultural. I would add "citizen suits" as an arrow which the enforcement quiver needs in China. Tom: I should note that most lawyers in China who currently bring actions on behalf of plaintiffs injured by environmental pollution are what would be characterized as “public interest” lawyers in the US. These lawyers in the US would now be more focused on “citizens’ suits,” than on personal injury suits (because the well-developed plaintiff’s bar provides a market option). Citizen suits (where private citizens are authorized to sue to enforce the law on the books in the absence of effective enforcement by the primary enforcement authorities) have not been authorized in any of China’s environmental laws, thus, the barriers to these suits are more than structural and cultural. I would add “citizen suits” as an arrow which the enforcement quiver needs in China.

]]>