Environmental Law in China

In recent years, China's leaders have started to confront the environmental, economic, and social costs of unchecked development. China's increasing reliance on foreign oil has engendered national security fears and launched a drive for more efficient transportation systems and domestic renewable energy projects. Meanwhile, pressure from a rising middle class and the international community has focused leadership attention on ways to make China's economic engine run more efficiently and with less impact upon the domestic and global environment. This profound shift in priorities has elevated environmental sustainability to the top of the national agenda. To advance this new agenda, the environmental laws that China has enacted over the past thirty years are being strengthened, and new environmental regulations and standards are being issued everyday. Entities operating in China are faced with the need to understand the impact of China's environmental law requirements upon their businesses, and to take actions to ensure that they are in compliance with those requirements. In Environmental Law in China: Managing Risk and Ensuring Compliance, Charles McElwee addresses how China's environmental regulatory and legal frameworks are structured, how to maintain operational compliance with the environmental laws and regulations, how to ensure products sold in China comply with environmental regulations, and the potential risks and liabilities that attend non-compliance. McElwee offers unique insight into how environmental law is in fact applied, setting forth a realistic account of the way companies encounter Chinese environmental regulations at both the local and national levels.

Autorentext

Charles R. McElwee II is the Program Officer for Climate Policy at ClimateWorks Foundation. He deals with Chinese environmental officials regularly, managing an extensive suite of grants that are devoted to making China more environmentally sustainable. Prior to this position, Mr. McElwee practiced environmental and energy law at Squire, Sanders & Dempsey L.L.P. for nearly 30 years, most recently in the Shanghai office. He represented a range of clients in the U.S. and China in a variety of matters, including environmental, energy, and import-export issues in the People's Republic of China; environmental and energy issues related to stock and asset transactions; structuring carbon trade and NOx and SO2 allowance trade agreements; environmental due diligence; U.S. Natural Resource Damage review; Clean Water Act, Clean Air Act and Safe Drinking Water Act. Mr. McElwee is also a Professor of Law at Shanghai Jiao Tong University's School of Law, where he won the President's Prize for extraordinary contribution to the University in 2009. In 2008, Mr. McElwee was awarded the Shanghai Municipal Government's Magnolia Award (the highest honor the City bestows upon foreigners). Mr. McElwee is a frequent speaker and writer on environmental law and management in China. Additionally, he is the author of the China Environmental Law Blog (www.chinaenvironmentallaw.com).

Inhalt

I. INTRODUCTION II. ENVIRONMENTAL HISTORY OF CHINA III. ENVIRONMENTAL GUIDANCE FRAMEWORK IV. ENVIRONMENTAL LAW V. NATIONAL ENVIRONMENTAL PLAN VI. NATIONAL ENVIORNMENTAL RULESMAKING VII. LOCAL ENVIORNMENTAL RULEMAKING & ADMINISTRATION VIII. OPERATIONAL COMPLIANCE OBLIGATIONS IX ADMINISTRATIVE ACTIONS X. GREEN FINANCE XI. ENVIRONMENTAL CRIMES XII. ENVIRONMENTAL CIVIL ACTIONS XIII. JUDICIARY XIV. PRODUCT REQUIREMENTS XV. NEW CHEMICAL REGISTRATION XVI. CONCLUSION