As we mentioned a few days ago, China’s Ministry of Environmental Protection (MEP) posted an article on the Ministry website making a strong case for more open information as the way to attack pollution before it leads to accidents like those we have been seeing in recent months in Shaanxi, Hunan, Yunnan and elsewhere.  We post a translation of that article here:

More open information, stronger rights protection信息越公开,维护权益越有力

Xu Qi徐琦 2009-08-17

After expansive media coverage of the Hunan Liuyang City cadmium accident, the problems were quickly handled.  The factory involved Changsha Xianghe Chemical Factory was permanently closed.  The responsible parties were punished.  From the perspectives of cadmium pollution to the local environment and harms to the health, spirit and economic well-being of the public, one must say that this sort of “losing the sheep before mending the fence” (i.e., better late than never) approach is extremely regrettable – although it certainly prevented illegal pollution from continuing. 湖南省浏阳市镉污染事件经媒体充分报道后，有关问题迅速得到处理，涉案的长沙湘和化工厂被永久关闭，相关责任人受到惩处。这种“亡羊补牢”式的处理方式，虽然在客观上解决了违法排污企业继续作恶的问题，但是，考虑到镉污染给当地生态环境、群众身体健康、精神和经济上造成的既定损失，不能不说是一种莫大的遗憾。

Better late than never is too late.  We should draw lessons from this painful experience!  Why did it take years before this long-violating enterprise – that made it so that the locals could not grow on their land or eat the grain they produced – was brought to justice?亡羊补牢，为时已晚。痛定思痛，痛何如哉！为什么这样一个长期非法生产的企业，闹得当地老百姓“有地不能种，有粮不能吃”，竟然在数年后才得以“正法”？

A practical and urgent issue is that when pollution is causing major losses and serious harm to the health of citizens, we cannot only undertake a better late than never after-the-fact punishment, but we must “catch the wolf before the sheep flees.”  That is to say, we need to start at the source of the problem, prevent possible trouble and prevent these sorts of tragedies from happening again.  一个现实而迫切的问题是，环境污染正在造成巨大的损失并严重伤害着老百姓的身心健康，我们无法再仅仅满足于亡羊补牢式的事后惩处，而必须赶在羊未亡前捕到狼。也就是说，要从问题的源头入手，防患于未然，避免悲剧再次发生。

For a long time, environmental impact assessment was supposed to prevent these sorts of harms, but time and again EIA has failed to fulfill its duty. This has led to the sorts of problems described above.  In addition to poor environmental management of local enterprises, a major problem is the lack of comprehensive, timely environmental information.  This has limited the public’s ability to participate in environmental protection, and it has blocked or slowed down the public’s channels to participate.  As a result, in the battle between illegal polluters and those that would go against them, the disparity in power is too great and it is difficult for the public’s rights and interests to receive timely and effective protection.一直以来，环境影响评价被人们当作事前预防、防止污染产生的重要关口，但近年来却频频“失守”。之所以出现这种现象，除一些地方有法不依、执法不严、违法不究，对建设项目管理不力外，一个重要的原因就是环境信息公开不充分、不及时，致使公众参与环境保护的能力受到限制、渠道受到阻隔、积极性受到抑制。结果，在环境违法者与抗衡者的博弈中，力量强弱太过悬殊，公众利益难以得到及时有效的维护。

Experience in China and internationally has shown that better environmental transparency is beneficial for reducing pollution.  In the US, after implementing an open information system [Toxics Release Inventory], emissions of 340 types of chemicals dropped by 40.5%.  In Indonesia, a year and a half after implementing an environmental disclosure system, pollution emissions dropped by 40%. 国内外的大量实践证明，环境信息公开有利于减少污染物排放量、降低环境污染事件发生的概率。如美国实施环境信息公开制度后，340种化学物质排放量下降了40.5％，而印尼在公开环境信息的一年半时间内，污染物排放量也下降了40％。

Looking at the Chinese experience, it is difficult to be optimistic.  A year after the effective date of China’s Environmental Open Information Measures, two environmental groups issued a study evaluating Chinese environmental information disclosure.  Out of 113 evaluated cities, only 4 scored above 60 points [out of 100].  More than 32 cities scored under 20 points.  The average score among the 113 cities was about 30 points. 反观我国，情况显然难以令人乐观。在《环境信息公开办法(试行)》实施一年后，两家民间环保组织近日发布了首份中国环境信息公开评价报告。在113个被评价城市中，得分在60分以上的城市仅有4个，不足20分的城市多达32个，而113个城市的平均分仅为30分左右。

A lack of comprehensive, timely open environmental information has given polluting enterprises and local governments the chance to operate in a “black box.”  To break this sort of “modus operandi” (潜规则), we need to put every under the sunlight. The way to do this is to do everything possible to make the environmental open information system a reality. 环境信息不公开和公开不充分、不及时，给一些污染企业和地方政府“暗箱操作”提供了可乘之机。要冲破其中的“潜规则”，必须让一切见诸于阳光之下，而途径就是想方设法把环境信息公开制度落到实处。

An open environmental information system has major practical significance for promoting positive supervision in the environmental field, and shifting environmental protection from “after-the-fact remedy” to “before-the-fact prevention.”  The moving of the Xiamen PX project and the Guangzhou Nansha petroleum refinery project confirm this.  Because information was released to the public before these projects were built, the public, local people’s congress representatives, and experts could use various approaches to express their objections to the projects.  On the basis of this public opinion, the local governments could do a comprehensive evaluation and balance various interests to ultimately make “scientific” decisions that protect public environmental rights. 环境信息公开制度对于促成环境领域的良性监管，使环境保护从“事后补救”向“事前预防”转变，具有十分重大的现实意义。这一点，从之前厦门PX项目迁址，到近日广州南沙石化炼油项目的正式迁出，都得到了充分印证。正因为环境信息在项目上马前得以公开，公众、人大代表和专家才有机会通过各种形式充分表达不同意见，才促使地方政府在听取民意的基础上，对这些环境敏感项目做出全面客观的评估和兼顾各方利益的考量，并最终做出有利于保护公众环境权益的科学决策。

Open environmental information is a tool for standardizing/regulating government behavior.  Through open information and allowing the government to accept supervision by the public, media and environmental group, we can bring about improvements to the government’s public management capabilities and increase government capacity to make scientific decisions and administrate according to the law.  Also, by spurring the public to get involved in environmental protection, we can give the government more allies in the effort to identify illegal behavior and resolve environmental problems in a timely fashion.  环境信息公开，是规范政府行为的矫正器。通过环境信息公开，让政府接受公众、媒体和民间组织的监督，有利于推进政府公共管理职能的转变，提升政府科学决策和依法行政的能力。同时，发动公众广泛参与环境保护，也可以为政府找到更多的同盟军，及早发现环境违法行为，及时解决环境问题。

Open environmental information is a catalyst for promoting enterprise social responsibility.  It can allow consumers to use their money as a vote – to allow those enterprises with green values to emerge and gain market share; to teach those enterprises that violate the law a lesson, raise their awareness – thus creating a more open, just and fair market environment, pushing enterprises to change their environmental behavior.    环境信息公开，是促进企业履行社会责任的催化剂。通过消费者用钞票投票，让那些践行绿色理念的企业浮出水面、赢得市场，让存在环境违法行为的企业得到教训、提高认识，从而营造公开、公正、公平的市场环境，促成企业环境行为转变。

Open environmental information is an effective “shock absorber” for resolving societal conflicts.  By guaranteeing the public’s rights to know and supervise project construction, pollutant emissions and environmental governance, different stakeholders can come to an understanding, avoiding unresolvable conflicts and bring resolution to societal conflicts caused by pollution. 环境信息公开，是有效解决社会冲突的减震仪。通过保障公众充分行使项目建设、污染物排放和环境治理方面的知情权与监督权，使得不同利益群体在良性互动中达成共识，避免产生不可调和的矛盾，使污染引发的社会冲突及时得以化解。

In this unprecedented age of information, only if we fully give the public its right to know, affirmatively accept supervision, garner the public’s understanding, support and participation in environmental matters, can we appropriately resolve environmental protection problems key to people’s lives.  On the basis of “taking people first” (以人为本), realize comprehensive, coordinated, and sustainable development. 在信息空前发达的今天，只有把环境知情权充分还给公众，主动接受监督，赢得公众对环保事业的理解、支持和参与，才能妥善解决好环境保护这一重大民生问题，在以人为本的基础上实现全面、协调、可持续发展。

Source: China Environmental News来源：中国环境报

Lead-stricken town mayor’s apology fails to make up for lack of information disclosure (Google translation)
After Chinese media revealed on August 6 that hundreds of children in the Fengxiang area of Shaanxi Province had dangerous levels of lead in their blood, the mayor of Baoji City, a town in the affected area, did not make any public apologies or announcements until 12 days later. This op-ed in the Guangming Observer points out that such a delay is unacceptable, given the large numbers of people affected and the capacity for rumors to get out of control. Indeed, the writer argues, a subsequent riot by villagers on the 17th can be directly attributed to the local government’s failure to step in, provide information, and help calm tensions. (Source: Guangming Observer)

Hangzhou to explore environmental courts and green insurance (Google translation)
At a conference on designing Hangzhou’s future as a model ecological city, Hangzhou officials revealed that the city was exploring the implementation of several key programs in the coming years. Among the proposed environmental policies include an environmental public interest litigation system, environmental protection courts, and environmental pollution liability insurance. (Source: Hangzhou Daily)

From Xiamen PX to the Beijing Liulitun case, now is the time for the EIA law (Google translation)
In an interview with Chang Ji from the Chinese Academy of Social Sciences, China Environment News examines the current state of Environmental Impact Assessment Legislation and the crucial steps needed to ensure its effective implementation in the future. (Source: China Environment News)

Yulin moves to strengthen environmental enforcement in critical time (Google translation)
As flood season nears, Yulin is one of many Chinese cities drawing up tougher environmental safeguards for this dangerous period. Officials met last week and announced a series of new initiatives, including tougher pollution checkups on local petroleum and lead factories that are most vulnerable to flood disasters and environmental emergencies. (Source: Xinhua)

Beijing TRS invited to participate in provincial open information forum (Google translation)
Beijing TRS, the company tasked with the design of the national open information platform, branched out to lend their expertise to Liaoning Province officials at a meeting on government open information disclosure. Members of the company discussed platform construction issues, cross-boundary information sharing, and coordination of relevant departments to successfully implement the platform’s potential.(Source: Beijing TRS)

More than we think as it turns out. We noted last week that NRDC’s naval sonar litigation in the US found its way into the “Annual Selected Readings for China’s High School Students” and ultimately onto a final exam question for high school sophomores in Zhangzhou Municipality, Fujian Province (at the Fifth Middle School in Zhangzhou漳州五中). This just happens to be the city where the controversial Xiamen paraxylene (PX) Plant was moved. Let’s hope the kids of Zhangzhou learn their environmental lessons well and work hard to keep Zhangzhou green!

Here is a translation of the NRDC final exam question. Take the exam and let us know how you do.

Chinese Final Exam for High School Sophomore Students

Read the text below and finish question 1 and 2 (6 points, 3 points for each question).

Underwater noise pollution harms marine life

According to the latest report released by NRDC, exploitation of oceanic resources, use of military sonar, cargo shipping, as well as oil and gas surveys increases the noise pollution in the ocean. As a result, dolphin and whales are in great jeopardy, because these animals rely on sound signals for mating, to find food, and avoid predators.

The report concludes that higher underwater noise will lead to long-term behavioral changes in marine creatures and even loss of their hearing. Consequently, some strange phenomena have emerged, such as mass whales strandings on the shore. In 1999, scientists studied the beached whales and presumed that their death may be caused by naval sonar which damages their hearing. In March, 2000, such tragedy also occurred in Bahamas. Scientists studied 19 of all the dead whales and identified the mid-frequency sonar exercises as the chief murderer. Mid-frequency sonar is broadly used in naval exercises to detect enemy’s submarines.

In September 2002, Canary Islands (Spain) saw another incident of this kind. Upon examination on more than ten whales among the dead, scientists found that they were bleeding internally around their brains and ears, and their liver and kidney were also injured. Michael Jasny, the report’s principal author, said that the symptoms of these marine animals are unseen before, yet this helps provid new evidence: sonar system can not only trigger mass standings off the coasts but also damage on the internal organ. Researchers believe that whales, like human beings, also suffer decompression sickness. Sonar system either causes them to panic and surface too fast or compel them to dive deeper before them discharge nitrogen in the blood. NRDC once filed a suit in the court to limit naval sonar exercise.

NRDC suggests that intense noise-making be curbed in areas where endangered marine species live and have seasonal control on the route where fish move. For example, oil and gas companies should try not to carry out earthquake investigation along Africa’s west coast during winter because blaleenwhales propagate near the coast in this season.

In this latest report, NRDC asks National Marine Fisheries Service to better enforce Marine Mammal Protection Act, and requires the navy to promise to limit sonar use in their exercise. However, a spokesperson from the Service said that they have yet to read this report and thus decline to make any comment on it.

The specific impact of underwater noise on marine mammal remains unclear, Jasny added, because only a minority of them has so far been stranded by the intense noise.

1、Among the four explanations on “underwater noise”, which one is incorrect（ ）

A、As mankind exploits marine resources, and underwater noise ever increases, some marine creatures are severely threatened.

B、underwater noise will lead to marine mammal’s loss of hearing and some strange phenomena

C、The underwater noise generated by naval sonar system will cause the whale to bleed in their internal organs, to migrate seasonally and be stranded on the beach.

D、When oil and gas companies carry out earthquake investigation along Africa’s west coast, the underwater noise caused by this activity will affect the propagation of the blaleenwhales in this region.

2、According to the information in the text, which one of the inference is wrong（ ）

A、If generation of underwater noise is uncurbed in marine resources exploitation, more marine creatures will be killed by it.

B、The worsening underwater noise causes whales to be affected by Decompression sickness-the same disease suffered by human-so the whales’ survival is endangered.

C、NRDC and National Marine Fishery Service have not reached consensus so far.

D、The specific impact of underwater noise on marine life remains unclear, but it is undisputable that some marine creatures have indeed been killed by the excessive noise.

Zhengzhou Open Government Information Work Report released (Google translation)
Henan Province officials announced the publication of Zhengzhou’s open government information work report last week. The city disclosed nearly 40,000 documents during the previous year. Of the 2998 information disclosure applications filed, the government fulfilled all but 6. (Source: Xinhua)

Yan Yiming: King of Litigation (Google translation)
Yan Yiming gives his first interview to Southern People Weekly in the aftermath of a surprise attack by three unidentified men that left him injured. The piece covers his history of taking on public interest cases often related to information disclosure and financial rights and his latest efforts at pursuing full disclosure of the government’s stimulus plan. (Source: Southern People’s Weekly)

Local Environmental Protection Bureaus demonstrate lackluster enforcement (Google translation)
While the open environmental information laws require disclosure of corporate emissions information should an enterprise exceed pollution standards, one year later this law remains unenforced in many parts of the country. According to environmental NGOs such as Ma Jun’s Institute for Public and Environmental Affairs, the crux of the problem involves the unwillingness of local officials to enforce existing laws. (Source: Legal Daily)

Qinghai must strengthen its rule of law towards ecological protection (Google translation)
This Qinghai News Network opinion piece examines the ecological resources that deserve protection in Qinghai and highlights several approaches towards strengthening environmental law and enforcement in the area. (Source: Qinghai News Network)

With Procuratorate at the helm, Xinyu public interest pollution case finds redress (Google translation)
The case against polluters who contaminated the water of Xinyu’s residents may soon be over. Since the local procuratorate took the helm, filing a suit against the polluting enterprises on behalf of the local pollution victims, polluting enterprises have taken notice and moved to comply with water standards. New sewage treatment facilities installed in recent days will not ensure that the same enterprises cannot contaminate the local lake’s water again. (Source: China.com.cn)

Heibei’s Meihua Monosodium Glutamante Group accused of polluting thousands of acres of farmland (Google translation)
An investigative report by the China Media Network documents how the Meihua MSG Group illegally dumped wastewater into the surrounding farmland, rendering thousands of acres of farmland useless, threatening the health of tens of thousands of residents, all while avoiding responsibility for the pollution. The outcry of local villagers and the inaction of the local government has now attracted substantial media attention to the case. (Source: China Media Network)

Expanding the Environmental Impact Assessment (Google translation)
Xue Huifeng, deputy director of research for the NPC’s Central Committee, and Song Li, a professor at the Shandong University of Science and Technology, analyze the past and current effectiveness of the Environmental Impact Assessment. They then look at recent local innovations that have expanded the role of EIAs and increased their usefulness. Such innovations could possibly be adopted nation-wide, the authors argue, to ensure that the EIA process remains true to its principles of public participation and environmental protection. (Source: China Environment News)

Construction of controversial Zhanghou PX Plant begins
Construction began last week on a paraxylene (PX) plant in Zhangzhou, more than two years after local Xiamen residents rallied and prevented the same plant from being built in their city, 100km from the current site. Officials in Zhangzhou have notified residents and begun an education campaign with the hopes of dampening any opposition movements from concerned citizens. (Source: Xinhua

Just before the open government information regulations turned one year old, the Heilongjiang Environmental Protection Bureau (EPB), accused of keeping confidential the illegal emissions of polluting enterprises, found itself the target of criticism from the public and the media. Whether or not the incident may have resulted from faulty communication between the EPB and the media, the national controversy generated by such an action shows that implementation of open environmental information continues to remain an important and sensitive issue in China.

• Why did EPB keep the pollution data of enterprises confidential?
• How can the intertwined interests of enterprises and environmental authorities be severed?

With these questions in mind, CCTV’s “News 1+1” program interviewed Wang Xixin – a Peking University law professor – and Wang Canfa – director of the Center for Legal Assistance to Pollution Victims (CLAPV) and professor at the China University of Political Science and Law. They discussed the challenge of obtaining information disclosure of enterprises’ pollution data from environmental authorities.

The discussion starts with the Heilongjiang EPB case, and later moves on to the water pollution incident in Yancheng, Jiangsu Province, as well as the arsenic contamination of Yangzonghai Lake in Yunnan Province. For our English readers, we’ve assembled some of the key questions that arose during their interview and have translated a few of their most interesting points.

• Why are environmental authorities fearful of disclosing information?

王锡锌：
我觉得这种效果其实可以从正面和反面来讲，正面的，本来环境部门是应 当让记者去披露信息的，比如说环境部门通常被认为是比较弱势的部门，这种弱势的部门面对着非常严峻的执法任务，其实需要通过媒体、通过记者来让公众知道， 因而获得一个支持。但是我们现在环境部门整个执法的体制环境、生态环境相对来说都是比较差的。因此可能有很多原因，让它很害怕这些违法排污企业被曝光。
Wang Xixin:
I think we can analyze this issue from two sides. On one side, environmental authorities are supposed to allow journalists to disclose information. They enjoy less power compared with other government departments, so when they are presented with tough enforcement tasks, they actually need to let the public to know the truth via media and thus gain support. On the other side, however, the overall enforcement environment is poor. Therefore, there may be many reasons that make them fearful about illegal polluting enterprises being exposed.

• What are the unwritten rules in open environmental information?

刘向东(山西省环保局局长)：
环保是什么呢？没有枪，没有炮，只有冲锋号，只会吆喝，它这个猫呢，是地方政府养的猫，它这个猫能不能捉耗子，捉几只是由政府说了算，不是环保部门说了算。
Liu Xiangdong (director of Shanxi EPB):
What is an Environmental Protection Bureau like? It is poorly equipped: no gun, no fire. It can only cry out, that’s all. It’s like a cat raised by the local government who calls the shots on how many mice it can catch.

• How can we prevent environmental authorities from being derailed in performing their information disclosure duties?

王灿发：
……能不能把环保让它有一票否决权，比如像这个地方的领导有没有成绩，你说市长、市委 书记在这个地方干出成绩没有，应该考核它环境保护搞得怎么样，如果考核它这一点，作为一票否决的，只要没搞好你就不能升迁，他肯定就支持环保局长 ……
Wang Canfa:
… I wonder if environmental authorities can be given the right to veto. Environmental protection should be taken into account in evaluating the performance of a local official. If an official could be vetoed out of promotion due to his or her failure to protect the environment, then he or she would turn to support environmental programs for sure…

• How do you sever the interest chain between polluting enterprises and environmental authorities?

王锡锌：
……很多时候环保的确不能够把它交给地方来治理，因为环境治理在经济学上它是有一种负 外部性的行为，也就是说我污染，但是可能别人帮助我承担损失，那个代价你让地方去治理自己的污染企业，那就是与虎谋皮，所以考虑一个某种意义上相对地让中 央来进行统一的监管，这个我认为还是一个可以考虑的思路，当然在有条件的地方，我觉得可以考虑在省级有一个垂直的管理，这就使得它和地方能够脱钩，这是一 个很重要的思路。

Wang Xixin:
… There are many times when environmental protection duties cannot be transferred to local governments, and this is because, economically speaking, there is a negative externality in environmental treatment. That is to say, the losses caused by my own pollution may be afforded by others. In this case, it would be impossible for polluting enterprises to be demanded by the local government to act against their own interest. Therefore, centralized supervision may be a way out. Of course, when conditions are permitted, a vertical administration at the provincial level may be an important option to decouple the interests between the local government and the polluting enterprises.

• How can public participation should become the driving force in open environmental information?

王锡锌：
我觉得在目前公众去了解这样一些信息，并且借助这种了解去参与它，这 是非常有效的，其实我们已经看到很多有关的事例，比如我们前几年注意到所谓的圆明园穿上纸尿裤的事件，在地下盖一层膜，防止漏水，后来就是因为有公众知道 的，媒体报道了，然后就要环评，最后是把你这个项目停下来了，类似这种情形，像最近上海磁悬浮的项目，厦门的PX的项目，其实都是通过公众知情，然后来参 与，使得我们的项目建设能够更加环保一些。

Wang Xixin:
I believe it is very effective for the public to access some information of this kind and participate in the event with the known information. Actually, we have seen many cases of this kind. For instance, Yuanmingyuan palace was once undergoing plans to be laid with a chemical membrane to prevent water leakage, but thanks to the public’s attention and media exposure, this project was ordered to go through the environmental impact assessment process which later on brought the project to a halt. Similar events include Maglev project in Shanghai and PX project in Xiamen. Through the public’s access to information and their participation, projects can become more environmentally friendly.

NRDC’s revamped Greenlaw (www.greenlaw.org.cn) site officially debuted on October 5th, 2008. The overall positive response to the “Open Environmental Information Regulations (Trial)” since May 1st, 2008 has played an important role in the creation of the site. The update rate of the old Greenlaw site was not up to the task of quickly dealing with new environmental law and open information developments, so revisions to the site were made in addition to continuing the original news service. Since February, the amount of writing on the site has rapidly increased, and the site has switched from its original schedule of 2-3 weekly updates to daily updates. There have already been 118 news pieces about open environmental information and 108 environmental law-related blog posts, among which 21 are posts about open environmental information. Over 1000 foreign and Chinese now visit the site each week.

In addition to laying the foundations for information disclosure in the State Council’s “Regulations on Open Government Information,” which sets legal obligations on the Chinese government for open government information, the Ministry of Environmental Protection’s “Measures on Open Environmental Information (for Trial Implementation)” is not just the first time the State Council has issued an implementation regulation concerning a government bureau. By specifying further responsibilities for the enterprises, these regulations could closely integrate with other environmental regulations, such as clean production promotion laws. This regulation promises to be the proverbial hammer that will smash the wall between polluting enterprises and the public, turning China from a bureaucracy-oriented country to a science- and democracy-oriented one, from a country that singled-mindedly emphasizes economic growth to one that focuses on sustainable development. In addition to these optimistic feelings, there are still some unavoidable, unfavorable challenges to be confronted. Looking back at the developments of the past year reveals a developing legal regime where the circumstances remain quite complicated.

The Government and the People Grow Up Together

If one views the Yuanmingyuan Fangshenmo incident four years ago to be a positive start in generating meaningful legal dialogue between the public and then-State Environmental Protection Agency, then the Xiamen PX episode two years later marked an even greater high point in the advancement towards effective dialogue. These two events acquainted the public and the government as public forces, and in 2008, following the official implementation of the Open Environmental Information Regulations, the public set out to understand and utilize the laws. By the end of 2008, various environmental protection NGOs had issued local citizen guides on open environmental information and public participation, in addition to conducting round-table conferences, training activities, and publicizing information on the new open information regulations.

At the same time, these environmental NGOs also began to carry out their own work with the new open environmental information laws. On October 30th and 31st, 2008, when the All-China Environment Federation hosted its annual meeting on sustainable development for environmental NGOs, many of the attending organizations, lawyers, and legal experts shared their experiences with the new open environmental information laws. Whether these attempts succeeded or failed, such actions had exposed many legal and practical problems with the law in its current state. For example, Greenpeace discovered in its “Investigation on Enterprise Pollutant Information Disclosure” that the BASF Corporation was not as transparent with its environmental record in China as it was in other countries, and that the chemical engineering powerhouse continued to keep silent about its emissions data in China. Greenpeace then submitted an application to the MEP seeking disclosure of BASF’s emissions figures. Their failed attempt, though, raised a series of questions for the public and legal world that still require answers: First, is the current system for publicizing an enterprise’s environmental record enough to satisfy the public’s right to that information? Second, is the government fulfilling its duty to achieve greater openness with its supervision of emissions and gathering of information? Third, what should be done about these enterprises’ environmental information business secrets? Will disclosing an enterprise’s emissions information have to involve making public its trade secrets?

The efforts of the public have also generated positive results. Last August, Friends of Nature joined together domestic environmental NGOs to investigate the Gold East Paper Company—a highly polluting enterprise seeking an Initial Public Offering (IPO)—about its environmental protection record. In March 2009, the Ministry of Environmental Protection fulfilled its obligation to disclose such data when it informed the public about its own investigation of the Gold East Paper’s attempts to join the market and gave clear and open answers to the questions raised by the environmental NGOs. Although the emissions of Gold East Paper still remain a concern, this move by the MEP is worthy of praise.

The actions of legal professionals have aided the advancement of environmental information disclosure. On May 5th, mere days after the enactment of the open information regulations, Shanghai lawyer Yan Yiming filed an environmental information disclosure request, thus initiating the legal world’s push for more transparency in environmental information. Months later, he once again captured headlines when he submitted an open information application asking for full financial disclosure of the central government’s four trillion RMB economic stimulus plan. In a similar move, Friends of Nature made an appeal for strengthening the stimulus plan’s commitment to the environmental protection at their annual environmental protection conference.

In the past year, it didn’t matter if the change was suitable or not, if the change was ready to happen or not, or if it the forces of change were governmental or non-governmental—what mattered is that the public focused on gaining greater transparency with environmental information. For NGOs, there is no longer the excuse of not having legal support, as more and more issues can now be resolved in the legal realm. For legislators, the dialogue process between the government and NGOs provides additional assistance towards implementing legislative goals effectively and quickly, including fixing legal loopholes and clarifying ambiguities vulnerable to exploitation. For the government, there is no longer time to slowly nudge the notion of change, because the new openness has become a legitimate legal obligation. This comment from from The Prosecutor’s Daily about statistics from the yearly report on government openness exemplifies the new sentiment: “Up to 24:00 on March 31st, 2009, 9 of the State Council’s 27 departments, 13 of its 16 directly subordinate organizations, 5 of the 6 work agencies, 11 of their 14 directly subordinate enterprises, and 15 of the 19 national administrations have not yet made their information public as scheduled, with 29 agencies that deal with the State Council, and 9 of the 31 provincial governments also not yet disclosing information to the public.” While not fulfilling obligations on time is quite common, the people are no longer complacent. While such problems may stem from the beginning of the law’s growth process, the comment also noted more change was needed. Ultimately, the “lack of punishment for not opening up on time will naturally keep these administrations from worrying or rushing.”

The Slow Development of the Courts

After May 1st, five citizens of Rucheng, Hunan Province, initiated China’s first open information suit, demonstrating civic awareness that would truly test the government’s new system of justice. But one month later, the people regrettably realized that the Chenzhou court still had not taken up the case. The public worried that if the justice system, as the last line of defense for social justice, stayed silent, then these new open information laws would serve nothing more than a decorative function. But perhaps this was only a reflection of transition difficulties, because on October 10th, the China Youth Daily and Beijing Daily both successive reports of a citizen victories in seeking information disclosure from the Hubei and Zhejiang provincial governments. Before the deadline, Hebei’s Baoding City also ruled in favor of some of its citizens seeking open information from the government, undoubtedly making many people happy.

Although we cannot view the actual environmental information case reports, we can still learn from the experiences of others. These above-mentioned cases will undoubtedly provide an opening for those who have been seeking to shine light on open environmental information. At a minimum, people now know that any administrative organs not dealing with open information applications are acting illegally, and that they can bring a lawsuit against such bodies. The significance of neutral judicial intervention is that when two parties are debating a piece of legislation, a judgment can bring justice while achieving the actual intent of the law. Although the open information judicial decisions to date have only addressed a small fraction of the problems that effective implementation of the law faces, it is worth waiting for the courts to become an even more powerful force in pushing for the legal development of open environmental information.

A Conservative Response from Enterprises

Last year, 250,000 people in Guangzhou submitted applications to the government for open information. The data in the annual open government information work report show that the public is serious as they demand more public information. Despite the shifting public sentiment, however, a few of the major enterprises who fall under the new transparency rules are simply turning a cold shoulder towards information disclosure requirements.

During Greenpeace’s campaign, BASF was arrogantly silent the whole time and has still not yet taken the initiative to voluntarily disclose its environmental information. The enforcement of clean production of enterprises on the government’s audit list is another issue, too. From last June, the Institute of Public and Environmental Affairs (IPE) led more than ten environmental NGOs in publishing the “Enterprise Environmental Information Disclosure Alert Letter,” directed at over 30 manufacturers in China. According to the open environmental information regulations, these enterprises are obligated to publicize detailed information about their pollutant emissions. Otherwise, the penalties include fines and forced disclosure by the Ministry of Environmental Protection. But only a few enterprises actually followed the regulations, with most choosing to simply stay silent, and the conduct was not punished. Because enforcement of the new environmental open information regulations is at such an early stage, it remains highly challenging to penalize enterprises for such violations.

Within these grey areas, the attitude of enterprises towards open environmental information remains vague and conservative. Last year, whether deliberately or not, the WalMart-hosted supplier summit demonstrated the growing influence of the open information regulations. While the company announced initiatives on environmental information disclosure and greening its supply chain, there has been little news of concrete achievements in implementing those plans to this day.

The Media Hard at Work

On March 31st, 2009, for the first time since the official enactment of the “Regulations on Open Government Information” and “Measures on Open Environmental Information (for Trial Implementation),” government bureaus began releasing their legally-mandated annual open information work reports. The Ministry of Public Security, Ministry of Environmental Protection, Ministry of Commerce, State Archives, and all provincial and municipal governments have now uploaded their reports online. In the beginning of April, Caijing, the Investigative Daily, and some other media outlets published commentaries on the annual reports. The public learned that many ministries and bureaus under the State Council had not fulfilled their obligations to release their annual reports on time. In the same month, using the information from the work reports, the media exposed the continuing challenges open government information continues to face. For example, while 250,000 applications for open information were submitted in Guangzhou in 2008, one nearby city received only one application in all of 2008. In analyzing the data from the reports and conveying the important points to the public, the media has taken on its role as an overseer in this first test of the new information disclosure regime.

There were many factors that made 2008 an extraordinary year, and the media played an irreplaceable role in following the implementation of government transparency. The prompt follow-up reports to some legal cases, as well as commentaries on the cases by experts and newspapers, were key in spreading awareness and usage of the new regulations. Discussions of the range and validity of open information, analyses of the practical legal problems related to open information, and dialogues on how to improve the existing system all shed light on the main issues in the first year of the open information regulations. But even still, most newspaper reports seemed half-hearted and shallow. This does not meet the enormous public demand for open information. As the law continues to develop, the media must get involved even more deeply.

Below is news about open information selected by Greenlaw from the previous year, as well as 21 blog articles written by our NRDC colleagues.

NRDC Open Information News and Blog posts summary list

May 2008—April 2009

1．October 8, 2008

Post on open information disclosure fees (link)

费小事大：政府信息公开谁买单？

· Shanxi government prohibits charging fees, but only for government information required to be disclosed (link)

2．October 23, 2008

Post summarizing recent victories in information disclosure (link):

公民胜出政府信息公开案的思考

· Lawsuit by Xu Jiangguo against Hubei Province Transportation Department (link)

· 68 villagers lodge win after complaint filed in Zhejiang on government refusal to disclose land lease obligations (link)

3．November 5, 2008

CLAPV citizen guide on information disclosure and Xiamen Citizen Guide on public participation and information disclosure launched (link)

环境信息公开公众参与民间指南相继出台

4．December 18, 2008

Xinjiang and Urumqi citizen guides on information disclosure and public participation launched (link)

更多民间组织指南发布

5．January 2, 2009

Jiangsu public holds community event on environmental information disclosure (link)

6．January 12, 2009

Post :Yan Yiming files for disclosure of 4 trillion RMB stimulus plan details (link)

律师再试水政府信息公开，申请公布救市行踪

7．January 17, 2009

Mixed Chinese reactions towards approved PX plant in Zhangzhou (link)

厦门PX迁建漳州项目环评通过，故事是否尘埃落定？

8．January 19, 2009

One Small Step for Chinese Environmental Public Participation? Civil Society Participates for the First Time in Hydropower Project Technical EIA (link)

中国向环境公众参与迈出的一小步？民间组织首次参与水电项目技术环境影响评价

9．January 28, 2009

Ministry of Environmental Protection revamps Chinese environmental data center (link)

环境保护部的新数据中心

10．February 5, 2009

News stimulus spending details released (link)

再说中国的绿色经济刺激计划

11．March 2, 2009

Post: Yancheng city water pollution draws criticism of information disclosure by government officials (link)

盐城水污染再读 （February 27, 2009）

12．March 3, 2009

Green Securities policy presses forward in China, with MEP and SRC circulars requiring information disclosure by heavily polluting industries seeking IPO (link)

绿色证券政策更新

13．March 5, 2009

January Green Yangtze Delta Newsletter released (link)

长三角绿色阵线2009年第一期出版

· Environmental information disclosure process of Green Zhejiang honored as top volunteer project in Zhejiang Province for 2008

· Chinese lawyer tests open government information system

14．March 10, 2009

Ppost: 4 trillion RMB stimulus plan’s details continue to draw public attention and calls for disclosure (link)

再说4万亿

15．March 11, 2009

With 2008 SO₂ and COD figures disclosed by Wen Jiabao and MEP, calculations indicate that China has met 2008 interim targets for SO­₂ and COD emissions cuts (link)

16．March 13, 2009

Friends of Nature calls for close oversight of stimulus funds (link)

环保组织呼吁关注4万亿投资环境监管

17．March 19, 2009

Public participation drives MEP to undertake environmental review of Gold East Paper company (link)

金东纸业环保核查再公示背后的公众力量

18．March 23, 2009

Obama administrative reverse Bush-era FOIA interpretation (link)

“信息公开重现转机”—来自美国的信息公开消息

May 4, 2008

- Liaoning opened information disclosure center (link)

- Qingdao opened information disclosure center (link)

- Nanjing information disclosure rule launched (link)

- Xinhua Commentary on open information law (link)

May 6, 2008

- Lawyer first requested environmental information from Henan and Anhui (link)

May 7, 2008

- The first case of information disclosure progress (link)

May 17, 2008

- Government information disclosure during the earthquake sets historical record (link)

- Shenyang opened information disclosure center (link)

May 31, 2008

- NGO requested information disclosure on Ahai hydropower station in Jinshajiang (link)

- Longhui county (Zhaoyang city in Hunan) party committee studied open information law (link)

June 7, 2008

- High level symposium on e-governance and open information held (link)

- Changsha EPB publicized environmental complains and solutions records (link)

- Tianjin started implementing open information rule (link)

- Wenzhou set information disclosure site at village level (link)

- Commentary: how much information can be disclosed? (link)

June 14, 2008

- Hangzhou publicized 36 pollution companies list (link)

- Qinghai provincial EPB publicized pollution companies list for the first time (link)

- Xiamen people can visit government information disclosure web from cell phone (link)

- Hubei Ezhou sets open information evaluation measures (link)

- Commentary on the China’s first information disclosure case in Hunan Chenzhou (link)

- Henan Jiaozuo city publicized 40000 items of information (link)

June 20, 2008

- Hunan Zhuzhou set up “enterprises environmental information disclosure day” (link)

-

June 28, 2008

- Ministry of Finance and NDRC said no fee shall be charged for information disclosure (link)

- Wulanchabu Qi of Inner-Mongolia had meeting on open information implementation (link)

July 5, 2008

- Zhejiang Changxing county launched government information disclosure rule (link)

- Jimei district of Xiamen city issues government information disclosure measures (link)

- Foshan city issued government information disclosure categories (link)

July 12, 2008

- Guangming daily commentary on information disclosure and responses (link)

- Multinational companies pollution information becomes business secretes in China? (link)

July 18, 2008

- Wuhan launched the first pollution discharge information online live show channel in the country (link)

- Open information is a win-win solution (link)

- Greenpeace pollution information disclosure action stuck (link)

- Ministry of Auditing issued informationalization work plan (link)

- Shannxi province fixed information disclosure site (link)

August 5, 2008

- Chinadaily commentary on the proposal revision on the state secretes law and information disclosure (link)

- Tieshan county in Fujian established government information disclosure mechanism (link)

August 12, 2008

- Sichuan summary of government information disclosure implementation (link)

- The first information request in Shenyang answered (link)

August 18, 2008

- The first personal information request case in Liaoning got answered (link)

- Chengdu issued government information disclosure rule (link)

August 28, 2008

- Shenyang launched environmental information disclosure rules (link)

September 1, 2008

- Han Fuzheng, lawyer fighting for open information in Cangzhou (link)

- Guiyang holds open information meeting, reviewing progress of last two years and future plans (link)

- Harbin to open 24-hour government information and complaint hotline in October (link)

- Harbin hosts city administration seminar focusing on government transparency (link)

- Op-ed: “No comment” reply to information request is an insult to the public’s intelligence (link)

- Jingmen’s Open Government Information initiative to create “transparent government” (link)

- Henan Provincial EPB: Polluters must release environmental information or be punished up to 100,000 yuan (link)

- Shenyang releases Trial Environmental Information Disclosure Rules (link)

- Yunnan removes cadres from office for harming the public interest (link)

September 8, 2008

- Ningxia County in Hunan releases telephone and mobile numbers of leading cadres as part of Open Information Disclosure (link)

- Dongsheng enhances government archival work (link)

- Shanxi government bans fees for open information access (link)

September 16, 2008

- Kunming readies government information portal for December release (link)

- New Fuzhou online government portal is leads users around in circles (link)

- Public participation necessary to prevent water pollution (link)

- Woxian holds Open Government Information conference to discuss public inspection (link)

October 10, 2008

News post (link)

· Sichuan Provincial Government issues three measures to support information disclosure (link)

· Hunan Provincial Administrative Procedure Act contains measures on public participation and information disclosure (link)

· Heilongjiang libraries to become information portals (link)

October 16, 2008

News post (link)

· Xiamen undertakes big program to enhance open information disclosure (link)

· Hefei library to become open information portal (link)

· Beijing Youth Daily op-ed praises the local residents and media of Loufan for trusting the word of mine authorities after a mine collapse (link)

· State Council member says public institutions have obligation to disclose energy consumption figures (link)

October 21, 2008

News post (link)

· Shanxi villagers win two lawsuits against local government that illegally transferred shares of township-owned coal company to third party and did not disclose such transfers (link)

· Investigation of Anhui provincial information portal turns up many blank webpages and dead phone numbers (link)

· Beijing Municipal Bureau of Statistics and the Beijing Survey Organization from the National Bureau of Statistics set five goals to coordinate the work of the Government Open Information Group (link)

· Xinhua op-ed calls for information transparency in price hearings on heating costs (link)

October 21, 2008

China BusinessWeek article on BASF’s lack of CSR in China due to lax open information rules (link)

October 24, 2008

Xiamen Open Information Citizen Guide released by Xiamen Green Cross (link)

November 17, 2008

News post (link)

· Ma Huaide interview on government information disclosure and its continuing challenges (link)

· Sina.com op-ed praises timely information disclosure as a powerful anti-rumor tool (link)

· People’s Daily: public interest litigation and information disclosure attempts encounter the glass door (link)

· MEP signs joint memorandum with Russians on cross-border communications and information disclosure to address future environmental emergencies (link)

November 25, 2008

News post (link)

· Legal Daily op-ed: Government should be transparent and not downplay emergency incidents (link)

· Red Net op-ed: Officials use too many many false “sensitive information” excuses (link)

· Changsha to establish three public information sites (link)

December 2, 2008

News post

· Hefei resident draws media attention for his requests of government financial information disclosure (link)

December 8, 2008

News post (link)

· China Economic Times: Government information disclosure system needs to improve (link)

· Beijing TRS to build first search engine for government information (link)

December 23, 2008

News post (link)

· Haimen institutes “one plant, one file” enterprise pollution information policy (link)

December 31, 2008

News post (link)

· Dalian moves ahead with government information network (link)

· Hangzhou Intermediate Court orders city government to fulfill open information request filed by workers seeking disclosure of the minutes of business meetings where their retirement benefits had been discussed (link)

January 5, 2009

News post (link)

· Yichun city passes interim measures for assessing government information disclosure (link)

· Chinese netizens ridicule government’s use of “top secret” to withhold documents (link)

January 14, 2009

News post (link)

· Eastern News Network Op-ed: Government should disclose financial details of stimulus package (link)

January 22, 2009

News post (link)

· Government information still hard to locate despite recent strides (link)

· Ma Huaide: Glass doors pose obstacle for proper information disclosure (link)

· Over 60% of users not satisfied with openness and accessibility of government portals (link)

February 2, 2009

News post (link)

· Guangdong Province issues order for public institutions to disclose information (link)

February 9, 2009

News post (link)

· Henan Provincial government to assess openness of its government web sites (link)

February 23, 2009

News post (link)

· Hebei province issues public information accountability measures (link)

· Zhangzhou PX plant EIA approval documents disclosed by South China Weekend News (link)

March 2, 2009

News post (link)

· NDRC offers public a request process for financial details of the stimulus plan (link)

March 9, 2009

News post (link)

· Yan Yiming re-submits full information request to NDRC for stimulus detail disclosure (link)

· CPPCC General Assembly spokesman Zhao: Internet is a crucial platform for open information disclosure (link)

March 16, 2009

News post (link)

· CPPCC members: State Secrets Act should be revised to be in line with new information disclosure law (link)

March 17, 2009

Two new open information resources (link):

· Yale Law School’s China Law Center

· Carter Center’s Chinatransparency.org

March 25, 2009

News post

· Taiyuan unveils new touchscreen-based open information terminals (link)

March 30, 2009

News post: (link)

- Ministry of public security launched annual report on information disclosure (link)

- Hunan provincial annual report on information disclosure launched (link)

- Chengdu integrated open information item into the capacity building plan (link)

April 7, 2009

News post: (link)

- Chengdu received 897 information requests in last year (link)

- Foshan received 4 information requests last year while Guangzhou received 250,000 (link)

- Sichuan summary on open information work last year (link)

- State bureau of archive annual report on information disclosure launched (link)

- State bureau of meteorology annual report on information disclosure launched (link)

MEP undertakes comprehensive investigation of drinking water safety (Google translation)
The Ministry of Environmental Protection has launched a comprehensive investigation of drinking water safety around the country after several major emergencies in the past few months have attracted national attention. In a report released in recent days, MEP stated that they directly dealt with 135 dangerous incidents of pollution in 2008, one-third of which involved contamination of drinking water sources. (Source: CRI Online)

Op-ed: Why is the environmental protection court left out in the cold? (Google translation)
A China Environment News opinion piece examines ongoing efforts to bolster the development of environmental protection courts. While the arrival of such courts does help the implementation of environmental litigation, the district courts ultimately have little power to influence the design of the system, creating a serious weakness in how the courts can evolve over the coming years. (Source: China Environment News)

Analyzing the Xiamen PX and Beijing Liulitun cases (Google translation)
This lengthy article examines the case of the Xiamen PX plant and compares it to the well-known Beijing Liulitun landfill case, analyzing how public participation and environmental rights actually play out in real-life environmental disputes in China. (Source: 263.net)

Sinopec Wuhan branch signs on to “green insurance” policy (Google translation)
The Wuhan branch of the China Petroleum and Chemical Corporation (Sinopec) has signed on for an environmental pollution liability insurance policy covering up to 5 million RMB. Environmental pollution liability insurance is currently being tested as a series of pilot programs in several cities and provinces, with highly-polluting industries often required to participate in the trial program. (Beijing Youth Daily)

Taiyuan city unveils touchscreen open information portal (Google translation)
Last week, officials from Taiyuan city introduced a touchscreen government information portal resembling a large ATM machine. The machines give residents access to the laws and information of over 100 relevant government organization and branches. The first batch will be deployed at the NPC and CPPCC offices, with a second batch slated for airports, railroad stations, and public libraries. (Source: Shanxi Evening News)

On March 2 2009, the website of Ministry of Environmental Protection (MEP) posted the “Re-notification of Environmental Review for the Initial Public Offering of Gold East Paper (Jiangsu) Co.,Ltd.” The notification points out that last August, six environmental groups, including Greenpeace and Friends of Nature, reported the environmental problems of Gold East Paper, a member company of the Sinar Mas APP Group, which was planning to be listed on the A-Share market. Environmental offices in Hainan, Jiangsu and Zhejiang provinces then verified the reported problems, so the issue was notified here again for ten days. This move was immediately applauded by several civil environmental groups which believed that “MEP’s serious attitude further promotes the positive interplay between the government and civil society and blazes a new trail for joint monitoring of enterprises’ pollution problems by government and civil society in a comprehensive and transparent manner.”

After a pilot program in the last few years, the “green securities” policy was officially rolled out in 2008. Under it, the enterprises in key polluting sectors must pass environmental review by MEP when they submit documents to go public to the China Securities Regulatory Commission (CSRC). The system of 10-day notification had already been set up as early as 2003 in “the notice of environmental review on enterprises applying for going public and public enterprises applying for refinancing”. Although some enterprises have failed the review, the case of Gold East Paper is the first time that a notification has triggered a fight between the public and the enterprise. As Faren Magazine wrote last year: “the two sides presented two completely different images of the company: one as a notorious environmental destroyer, and the other as an environmental leader in the sector. Who is telling the truth and who is deceiving the public?” Whatever the ultimate outcome of MEP’s review would be like, the fight and inquiry into truth may exactly be the role of 10-day notification.

In recently years, multiple environmental regulations and policies have set up notification procedures, such as the “Interim Measures of the Public Participation in Environmental Impact Assessment” and the “Green Securities” policies. Perhaps many people still believe that “notification” is a mere shell without substance, because the final decision will not be changed by the notification. There may be several reasons for that. First, the notification mechanism is flawed: either the stakeholders do not see the notification or they have no idea where to see it; second, the content is flawed: stakeholders may have no idea what it talks about and thus do not how to comment on it; third, the response is unsatisfactory: opposing comments are not seriously addressed and often rejected without explanation, so the outcome is the same no matter there is notification or not; fourth, the awareness and action of public participation is inadequate. All in all, when the notification procedure fails to serve as a necessary channel for the public to participate in and influence policy-making, the purpose of institutional design can hardly be achieved.

From this perspective, the environmental review on Gold East Paper represents another milestone following Yuanmingyuan Park’s impermeable membrane case, the Xiamen PX case, and the case of Ahai hydropower station in Jingshajiang River. In this event, “Green Securities” is an important institutional innovation that utilizes an economic lever to improve enterprises’ environmental performance. Since these truth-seeking environmental groups have harnessed the notification procedure according to law, a balance is struck between businesses, the public, and environmental review agencies. This balance leads to the role of institutional design and scientific policy-making; it also ensures that the Green Securities policy is genuinely subject to public scrutiny.

MEP’s re-notification of Gold East Paper is welcomed by the people, and the content is serious and detailed. Despite all the doubts about the company, it is fair to say that MEP passed the test. Environmental defenders may see more fighting of this kind under today’s financial turmoil. The re-notification conveys that this policy is serious, and this will undoubtedly boost people’s confidence.

Case review

• August 5th to 14th 2008, MEP issued a notification of environmental review for the IPO of Gold East Paper, announcing that “upon reviewing, this company basically meets the related requirements of environmental review for going public”
• August 12th, six environmental groups including Friend of Nature, Greenpeace, Global Village, Green Earth Volunteers and Green Watershed sent a letter to MEP, reporting records of environmental non-compliance over three years by Gold East Paper and its associated enterprises, and requested that MEP to handle the matter with caution and suspend the company’s environmental review.
• August 13th, APP China issued a “statement on the environmental compliance by Gold East Paper”.
• August 29th, after two-week’s self inspection, Gold East Paper issued “the results of environmental review on Gold East Paper” aiming at the nine major environmental problems mentioned in the first complaint letter written by the six environmental groups, concluding that the company has rectified all the polluting problems.
• September 2nd, the six environmental groups sent another letter to MEP, reporting that the emissions of waste water and gas by Jinhai pulp and paper has long exceeded environmental standards and posed a serious negative impact on the local residents’ production and daily lives.
• September 4th, APP China posted on its website “response to the environmental NGOs’ accusation against Hainan Jinhai Pulp and Paper.
• March 2nd 2009, MEP issued “the re-notification of environmental review for the IPO of Gold East Paper (Jiangsu) Co.,Ltd.,” noting that environmental offices in Hainan, Jiangsu and Zhejiang have carried out a second review on Gold East Paper and its associated enterprises based on the reporting of the environmental groups and the conclusion is that “in recent years, this company has constantly improving its environmental management and investing on the rectification of the failed pollution treatment facilities.”
• On that same day, environmental groups welcomed MEP’s serious attitude towards citizens and expressed continued concern over the forest as source of raw material, the information that the company has yet to disclose.

Shanghai government website courts public comments, despite lingering flaws (Google translation)
While upgrades to the Shanghai government website allow for the public to leave comments and view government information on a variety of topics, a thorough evaluation of the website by reporters from the New People’s Daily found several flaws. Among the problems, noted the newspaper, were slow access and missing content for many links. (Source: New People’s Daily)

Hebei province issues public information accountability measures (Google translation)
The Hebei Provincial government has issued the “Open Information Disclosure Accountability Measures (trial).” The measures are designed to supplement the national information disclosure law and explicitly hold public officials accountable for failure to disclose information within the legal limits prescribed by national law. (Source: Hebei Daily)

Zhangzhou PX Plant Environmental Impact Assessment documents disclosed (Google translation)
A reporter has managed to obtain the official EIA documents that approve the construction of a Paraxylene (PX) plant in Zhangzhou. The plant was originally scheduled for construction in Xiamen, but a long campaign carried out by local citizen groups disrupted the construction and forced its migration to another location. (Source: South China Weekend News)

Chinese courts handled over 3060 people in environmental and natural resource damage cases in 2008 (Google translation)
Highlighting the increasing problem of environmental pollution and its damage to individuals and the local environment, local procuratorates around China handled environmental damage cases involving a total of 3060 people in 2008. Of these cases, 528 could be considered “serious” environmental cases. The total damage from such incidents handled by the courts was estimated to be at least 330 million RMB. (Source: Investigative Daily)

Environmental Lawsuits Remain Difficult to Carry Out (Google translation)
This Xinhua article examines the current legal climate for environmental lawsuits and investigates why Chinese law leads to so many incomplete cases. It looks at evidentiary requirements, existing torts law, and how environmental lawyers have tried to adapt existing legal strategies to a relatively new and evolving legal field. (Source: Xinhua)

With news of the approval for the PX project in Zhangzhou this past week, it’s worth taking a look back on what happened in Xiamen.  Wang Yongchen has written a piece that pulls together much of the media coverage of the time to tell the full story of the cancellation of the the Tenglong Aromatic PX (Xiamen) Co. Ltd. factory in Xiamen.  Click here to read (Chinese).

Here are some links on the Xiamen PX incident in English:

“Xiamen Calls An Abrupt Halt to the PX Project to Deal with the Public Crisis,” Zhu Hongjun (朱红军), Southern Weekend, May 28, 2007 (translation courtesy of the EastSouthWestNorth blog).

“Official media on popular opinion in the Xiamen PX affair,” Danwei blog, June 18, 2007.