The Environment and Climate Change

National People's Congress (NPC) members and representatives of Chinese civil society organizations submitted legislative proposals that would promote the development of public interest law during the annual NPC plenary session, noted a Beijing News report. Individual Chinese lawyers and academic organizations have been active in cases involving broader social issues, but Chinese and foreign observers note that tough "standing" rules forbid individuals from suing on behalf of the public. ("Standing" refers generally to a requirement that litigants have a real interest in the outcome of a suit – in other words, that the result matters to them.)

The State Environmental Protection Administration (SEPA) currently is preparing to submit revisions to the Law on Water Pollution Prevention and the 1979 Environmental Protection Law, according to a March 14 interview with Director Xie Zhenhua published in the Beijing News. The article reports that the revisions will resemble the recent amendment to the Law on Solid Waste Pollution Prevention. The government will emphasize holding individuals personally responsible for environmental damage and holding industries responsible for pollution costs. According to the Xie interview and an article in the China Youth Daily, SEPA’s focus appears to be on increasing sanctions and fines for government officials and industry leaders when then fail to comply with environmental laws.

According to an article in the 21st Century Business Herald, officials at the State Environmental Protection Agency (SEPA) are pursuing legal reforms to strengthen the ability of state prosecutors to bring environmental lawsuits in the public interest.

The Ministry of Land and Resources, in cooperation with numerous other agencies and commissions and at the behest of the State Council, is embarking on the largest national land survey in PRC history, according to a 21st Century Business Herald report. The enormous undertaking, which reportedly will be more expensive and complicated than China’s census, is being launched as part of the central government’s effort to assess land resources and arable land loss, unify China’s land registration and management systems, and consolidate central control over land management to counter local land abuses. According to the article, data from China’s last national land survey, which took place from 1984 to 1986 and cost nearly 1 billion yuan, is either outdated or of limited use with current technology.

News articles and recently released reports (1, 2) from the State Oceanic Administration (SOA) show that pollution and overfishing led to 96 red tides in 2004, 20 of which were toxic. Red tides are high concentrations of algae in seawater that not only may cause the water to appear reddish in color but also may be toxic. Red tides are detrimental to marine life and the ecosystem and can be harmful to humans. Most of the reported red tides occurred in the East China Sea, where the polluted Yangtze River flows into the ocean, and in the Bohai Bay.

The State Forestry Administration recently announced the addition of nine new Ramsar wetland reserves in China, a number of which are near the Yangtze River, reports a February 2 Xinhua article. According to the Ramsar Convention on Wetlands, wetlands that are rare or unique, or that contribute to the preservation of biological diversity, may be added to the Ramsar List of Wetlands of International Importance to be recognized as protected areas. The Xinhua article notes the World Wildlife Fund (WWF) assisted with the designation of the wetlands, and quotes a WWF representative as saying that China needs additional laws on wetland protection.

On February 28, the Standing Committee of the National People's Congress enacted the Renewable Resources Law of the PRC. The 8 chapter, 33 article law will take effect January 1, 2006.

The government of the Xinjiang Uighur Autonomous Region reported February 21 that it is "vigorously applying for funds" to implement a plan to protect nine wetland reserves and implement 20 wetland reclamation projects. The Xinjiang Net article reports that overpopulation, agricultural policy, and the overuse of water resources have cut the total land area of Xinjiang’s wetlands in half since the early 1950s, leaving only 1.48 million hectares today. Xinjiang authorities will announce in early spring a more inclusive 30-year plan to protect all the region’s wetlands, despite the central PRC government not yet having approved funding for the 2004-2010 Wetlands Project.