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Artikel

21 Aug 2016

Autor:
Zhang Chun, China Dialogue

Environmental law blunted by crippling court costs

The All China Environmental Federation (ACEF) won its lawsuit against Zhenhua [a glass-making firm based in Dezhou, Shangdong Province] for its long-standing failure to curb the release of harmful gases such as sulphur dioxide and nitrogen oxide…, [which] made legal history by becoming China’s first public interest action to be brought against air polluters…and ACEF’s action has set a vital precedent for those using those using the courts to fight environmental crime.

…But the NGO’s victory has been accompanied by frustration. The court rejected a request from ACEF for the imposition of punitive damages on Zhenhua Ltd of 7.8 million yuan, and the NGO was forced to cover its own legal expenses amounting to 400,000 yuan. The outcome…highlighted the financial difficulty of prosecuting big, industrial firms, which has led to a rising number of NGOs opting not to pursue legal action...[An expert] said that so far this year only four NGOs have brought public interest lawsuits, down from 11 in 2015…it would be more if it were not for the cost of bringing such cases...

Part of the following timelines

China: Environmental group wins landmark lawsuit against glass manufacturer on air pollution

China: Excessively high legal cost may hinder development of environmental public interest litigations