1. Prospects for Chinese Environmental Law
Joseph W. Dellapenna
Villanova University School of Law
© Joseph W. Dellapenna 2016

2. Beijing 2012—in Daylight
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3. Harbin—2013—Before and During an Air Pollution Event
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4. Harbin—2013—Daylight
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5. Harbin—2013—Daylight
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6. Beijing—2015
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7. China’s Environmental Problems
The air is heavily polluted
Breathing threatens people’s lives
Air pollution kills more than 1,000,000 Chinese per year
China has become the largest single source of greenhouse gases
The water situation is even worse
An estimated 70% of Chinese waters have been polluted to the point of being unfit for human consumption
Many cities have found their water sources destroyed by chemical spills and other accidents
Continued economic growth is threatened by water shortages
The “South-to-North” water diversion was delayed nearly a decade because of pollution
Resources are consumed without regard to social or ecological costs
Historic districts are demolished to make way for new construction without adequate compensation to those displaced
Coal miners pay for economic growth with their lives
Industries are notoriously inefficient
Natural resources are being exhausted leading to China becoming a major importer of an increasing list of natural resources
© Joseph W. Dellapenna 2016

8. Cyanobacteria in Lake Tai
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9. Three Gorges Dam Reservoir
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10. How Did This Happen?
Indoor air pollution has long been a problem in China, but outdoor air pollution is a relatively new problem
Open fires for cooking and heating created indoor pollution
The massive industrialization has largely been fueled by coal—one of the most polluting sources of energy
While industrialization began early in the 20th century, it accelerated with the five-years plans and accelerated exponentially with the market reforms
Chinese environmental law, beginning with the draft Environmental Protection Law of 1979, has proven inadequate
Standards were set nationally by the State Environmental Protection Administration (SEPA)
Enforcement was almost entirely local
Local officials did little to enforce the standards
Local officials were susceptible to corruption
Local officials were evaluated positively for promoting economic development and not for protecting the environment
Various revisions over the years did not resolve this basic problem
© Joseph W. Dellapenna 2016

11. A View of Beijing during and after the 2008 Olympics
© Joseph W. Dellapenna 2016

12. Could China Do Better?
Numerous crackdowns prove that environmental improvement is possible
China is now shifting from coal to less polluting fuels
China has begun to restrict the number or usage of cars
China is beginning to locate the most toxic manufacturing away from population centers
Does China have the political will?
Increasing pressure from the rising middle class
“Mass incidents” are rampant because of :
Expropriation of property
Labor disputes
Environmental problems
NGO’s now work for protecting the environment
Leaders have won national awards; but
Leaders have been imprisoned by local officials
© Joseph W. Dellapenna 2016

13. The Latest Reforms?
Environmental Impact Assessments were made mandatory in 1998
Efforts to enforce the mandate have generally failed
One study found that only 6% or 7% of projects receive a proper assessment
SEPA became the Ministry of Environmental Protection in 2006
Given enforcement authority
Not funded adequately, leaving enforcement sill largely at the local level
Major revisions of the Environmental Protection Law took effect in January 2015
The Ministry’s enforcement powers enhanced
Public interest law suits authorized
Public participation in the assessment process required
Will they work?
The tools are there
But corruption remains pervasive
And the economy is slowing
© Joseph W. Dellapenna 2016