Environmental Law and Public Participation News
Yangzonghai Lake
A major focus in recent Chinese news on environmental law and public participation is the arsenic pollution incident at Yangzonghai Lake in Yunnan Province, which has resulted in the contamination of drinking water for over 26,000 people. The information was not released until September 18, 2008, prompting serious discussion within the editorial pages of Chinese newspapers on the importance of open information disclosure and environmental litigation. While all agree environmental challenges must be tackled, there is strong disagreement as to how effective some measures – especially the newly created Environmental Courts – can be. Some of those editorials, along with other select articles, are featured after the jump.
Open Government Information
Sichuan Provincial Government issues three new measures to support information disclosure (Google translation)
In accordance with the central government’s “Open Goverment Information Disclosure Regulations,” to increase government transparency and credibility, and protect the rights of citizens, lawyers, organizations, and others, the Sichuan Provincial government has passed three new measures. They are the “Sichuan Province Open Government Information Secrets Protection and Investigation Measures,” the “Sichuan Province Open Governmnet Information Offenses and Responsibilities Investigation Measures,” and the “Sichuan Provincial Government Open Government Information Societal Supervision and Criticism System.”（Source: Sichuan Daily）
Hunan Provincial Administrative Procedure Act to address legal gaps in central administration law (Google translation)
Hunan Province’s new Administrative Procedures Law is the first system of administrative procedures of local norms, written at the same time to support central administrative law. The provincial law contains additional measures addressing public participation and open government information. Drafting on the law began in October 2007 before it was released for public comments in February 2008 and later submitted to the Hunan Province People’s Standing Committee for approval. (Source: China.org.cn)
Heilongjiang libraries to provide free public access to government information (Google translation)
The Heilongjiang Provincial library is taking additional steps to make access to government information easier for citizens. The library is expanding its system of free resources for obtaining government information as well as setting up government information reading rooms where citizens can search through extensive databases of laws and news.
(Source: Xinhua News)
Public Participation
Commentary: Who’s responsible for the Yanzhonghai lake pollution? (Google translation)
In an editorial on the Yangzonghai lake pollution incident near Kunming, the author faults the local government not only for its failure to prevent the pollution but also for its failure to respond effectively. As the author points out, under Open Government Information Disclosure law, there is a statutory obligation for disclosure of government information during times of serious environmental emergency. Delaying the release of such information, argues the author, has severe impacts on social stability and the effectiveness of any crisis management response. (Source: people.com.cn – Environmental News)
Why are there environmental protection courts at a time of crisis? (Google translation)
In this op-ed, the author questions the efficacy of environmental courts to handle pollution crises such as the Kunming Yangzonghai lake incident and the algae bloom in Taihu Lake in Wuxi. The author discusses several cases taken by the Wuxi, Guizhou, and Kunming environmental courts. While noting that their impacts are only “a drop in the bucket,” the author agrees that additional measures are needed to develop the power of the environmental courts and explores their future, including possible nation-wide implementation. (Source: Legal Daily)
Editorial: Public interest litigation strengthens environmental protection (Google translation)
The author of this editorial explores the potential for enviromental litigation for the Yangzonghai pollution incident in Kunming, concluding that the establishment of the environmental court presents an opportunity for public interest litigation and public particpation when environmental agencies and enterprises are unable to effectively monitor themselves. (Source: Yunnan News Network)
Hangzhou Environmental Monitoring Teams cooperate in law enforcement initiatives (Google translation)
A detachment of the Hanzhou environmental monitoring team is now working closely with local law enforcement. The innovative “joint law enforcement” strategy aims to to better implement local enforcement of environmental laws and regulations. (Source: Hangzhou News Network)
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[...] EnglishGreenlaw news on the Yangzonghai accident (October 10, 2008)Bids invited to counter water pollution (October 15, 2008) [N.B.: To our knowledge, no bid has yet been accepted.]Officials claim ignorance of arsenic pollution in Yangzonghai Lake (September 22, 2008)Yangzonghai Lake suffering from heavy arsenic pollution (September 18, 2008) [...]
[...] EnglishGreenlaw news on the Yangzonghai accident (October 10, 2008)Bids invited to counter water pollution (October 15, 2008) [N.B.: To our knowledge, no bid has yet been accepted.]Officials claim ignorance of arsenic pollution in Yangzonghai Lake (September 22, 2008)Yangzonghai Lake suffering from heavy arsenic pollution (September 18, 2008) [...]