China has declared a war on pollution, and not even the government is safe from prosecution. Born from the ever growing concerns regarding the problem of pollutants in the air, water, and soil, China has won its first administrative public interest litigation case. The reason behind the lawsuit? Sewage.
In 2014, Qingshun Chemical Technology Company was investigated by the county environmental agency and found to have produced dyes without the appropriate safeguards. However, the county environmental agency in Shandong province didn’t shut down their operations and enforce the implementation of proper equipment. Instead, the sewage firm was allowed to start trial operations, only suffering nominal administrative punishments. At that time, there was nothing to be done about the inadequate punishment.
In June of 2015, the Supreme People’s Procuratorate submitted a bill to the Standing Committee of the National People’s Congress requesting the authorization of a two-year pilot program. In a time where plaintiffs could only be citizens, corporations, or organizations directly tied to the lawsuit, this program would allow prosecutors to rise up as defenders of the public. Prosecutors could file civil and administrative lawsuits against any act or abuse of administrative power that compromised public rights related to food and drug safety, environmental protection, state assets, or state land use.
Furthermore, allowing prosecutors to enter public interest litigation would establish a greater degree of accountability. A previous lack of effective supervision resulted in undermined governmental practices, particularly regarding environmental issues. By supervising administrative power and implementation of the law, this pilot program would ensure that social equity and public interests were protected.
The pilot program was approved in July of 2015. That December, the first administrative public interest litigation case was filed against the county environmental agency in Shandong province. Prosecutors successfully sued the agency in June of 2016 for illegal acts regarding the Qingshun Chemical Technology Company and its inadequate punishment. The first use of the pilot program was a success.
Environmental problems like pollution often affect the larger population rather than select individuals. The public needs defenders, and China’s pilot program stands to provide them. With its first administrative public interest litigation case won, China has made it clear that not even the government is immune to punishment.