King & Wood Mallesons

Asia-Pacific 100 position: 3

Who can initiate class action lawsuits under the Draft Environmental Protection Law?

By Harry Du and Tom McGinn

At the end of October 2013, the Standing Committee of China’s National People’s Congress (NPC) finalised the third draft of amendments to China’s Environmental Protection Law.

In light of the extensive debate so far, many speculate that the law will undergo a fourth draft before the New Environmental Protection Law enters into force. Such changes would constitute the first amendment to the law since it came into force in 1989.

Luo Jianhua, the former deputy head of the NPC’s Environment Protection and Resources Conservation Committee, explained that the amendments made so far emphasise seven key areas: (i) the overall role of the law, (ii) the responsibilities of local governments, (iii) the sharing of environmental data, (iv) preventing pollution related to farming in rural areas, (v) public participation, (vi) information transparency and (vii) punishment….

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