{"title":"Protecting the Habitats of Endangered Species Through Environmental Public Interest Litigation in China: Lessons Learned from Peafowl Versus the Dam","authors":"Juan Chu","doi":"10.1093/jel/eqad031","DOIUrl":null,"url":null,"abstract":"Abstract Green Peafowl stands as a landmark lawsuit in China where environmental NGOs successfully halted a project threatening habitat of endangered species. By examining this case, this analysis evaluates the promise and limitations of China’s civil environmental public interest litigation (EPIL) in protecting habitat. Under civil EPIL’s broad and flexible framework, environmental NGOs can convince the courts that a government-approved project would destroy the ‘biological habitat’ for endangered species and hold project developers accountable. By arguing that the environmental impact assessment (EIA) institution is jointly liable by preparing a flawed report, environmental NGOs can also use civil EPIL as an alternative avenue to challenge the quality of an approved EIA report. However, the timing of judicial intervention, uncertainties of litigation outcomes, the scope of protection, and the court’s attitude towards EIA claims limit the effectiveness of civil EPIL. This analysis highlights the need to address regulatory failures revealed by Green Peafowl.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":2.0000,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Environmental Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/jel/eqad031","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Green Peafowl stands as a landmark lawsuit in China where environmental NGOs successfully halted a project threatening habitat of endangered species. By examining this case, this analysis evaluates the promise and limitations of China’s civil environmental public interest litigation (EPIL) in protecting habitat. Under civil EPIL’s broad and flexible framework, environmental NGOs can convince the courts that a government-approved project would destroy the ‘biological habitat’ for endangered species and hold project developers accountable. By arguing that the environmental impact assessment (EIA) institution is jointly liable by preparing a flawed report, environmental NGOs can also use civil EPIL as an alternative avenue to challenge the quality of an approved EIA report. However, the timing of judicial intervention, uncertainties of litigation outcomes, the scope of protection, and the court’s attitude towards EIA claims limit the effectiveness of civil EPIL. This analysis highlights the need to address regulatory failures revealed by Green Peafowl.
期刊介绍:
Condensing essential information into just three issues a year, the Journal of Environmental Law has become an authoritative source of informed analysis for all those who have any dealings in this vital field of legal study. It exists primarily for academics and legal practitioners, but should also prove accessible for all other groups concerned with the environment, from scientists to planners. The journal offers major articles on a wide variety of topics, refereed and written to the highest standards, providing innovative and authoritative appraisals of current and emerging concepts, policies, and practice. It includes: -An analysis section, providing detailed analysis of current case law and legislative and policy developments -An annual review of significant UK, European Court of Justice, and international law cases -A substantial book reviews section