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ARTICLE · 26 NOVEMBER 2013

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

It is not yet possible to determine who is able to initiate class-action litigation under the third draft of amendments.

ChinaLitigation, Mediation & Arbitration
Thomas McGinn
Thomas McGinn

At the end of October 2013, the Standing Committee of China's National People's Congress (NPC) finalized the third draft of amendments to China's Environmental Protection Law (《环境保护法修正案(草案)»).

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 1. Such changes would constitute the first amendment to the Law since it came into force in 1989.

Luo Jianhua (骆建华), the former deputy head of the NPC's Environment Protection and Resources Conservation Committee, explained that the amendments made so far emphasize 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 2.

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