Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions
Journal Article
·
· Environmental Impact Assessment Review
The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.
- OSTI ID:
- 22479759
- Journal Information:
- Environmental Impact Assessment Review, Journal Name: Environmental Impact Assessment Review Vol. 55; ISSN 0195-9255; ISSN EIARDK
- Country of Publication:
- United States
- Language:
- English
Similar Records
District court review of NRC's Three Mile Island decisions upheld
The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency
An exception to court rule
Journal Article
·
Thu Oct 01 00:00:00 EDT 1981
· Nat. Resour. J.; (United States)
·
OSTI ID:5716068
The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency
Thesis/Dissertation
·
Thu Dec 31 23:00:00 EST 1987
·
OSTI ID:5193512
An exception to court rule
Journal Article
·
Sat Dec 31 23:00:00 EST 1994
· Environmental Protection
·
OSTI ID:387442