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ARTICLE · 31 MARCH 2011

Environmental Compliance Abroad: The China Conundrum

In this era of economic globalization, American companies are increasingly looking to overseas markets for manufacturing and export opportunities.

ChinaEnvironment
Beverlee Silva
Beverlee Silva
Sarah Babcock
Sarah Babcock
Trudy Caraballo
Trudy Caraballo

In this era of economic globalization, American companies are increasingly looking to overseas markets for manufacturing and export opportunities. One of the largest of these markets is China. While China provides rich expansion opportunities for American companies, the regulatory landscape – particularly in the environmental arena – creates pitfalls for the unwary. China's myriad environmental regulations coupled with enforcement uncertainty present further challenges. Take, for example, an American car manufacturer (ACM) of solar powered cars seeking to open a new plant in China. ACM must comply with Chinese environmental laws on renewable energy, energy conservation, and clean production. Depending on where the plant is located within China, the degree to which these laws are enforced, and the level of risk associated with non-compliance, will vary. Once built, suppose ACM's Chinese plant accidentally releases hazardous substances into a nearby river. If the river

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