Trends in Environmental Litigation in China

Environmental issues in China have long attracted public attention, yet recent assessments suggest that significant improvements have been made. This study aims to elucidate the application of environmental law in China by reviewing and analyzing judicial decisions in environmental litigation. It focuses on a case adju- dicated by the Intermediate People’s Court of Changzhou City, Jiangsu Province, on 12 September 2014 (Judgment No. (2014) Chang Huan Gong Min Chu Zi No.2). On 26 February 2024, the Supreme People’s Court published this decision as a reference case for future trials, recognizing its potential to exert considerable influence on environmental litigation in China from 2024 onwards. In its judgment, the court held that individuals who merely condoned pollution-causing acts, or lent their land or professional qualifications to others, could still be held liable as “polluters.” Although these individuals did not directly engage in polluting activities, the court’s reasoning reflects a degree of expanded interpretation beyond the literal reading of statutory provisions. This case demonstrates that China can no longer be characterized as a country where environmental degradation progresses unchecked. Rather, it reflects a legal environment in which even expansive interpretations of the law may be employed to address environmental issues effectively through judicial means.