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Environmental Tort Litigation in China

October 2011

Citation: ELR 10895

Author: Adam Moser and Tseming Yang

The use of environmental tort claims to compensate pollution victims or to protect the environment and human health is still in an early stage of development in China. Nevertheless, tort cases play an outsized role in China’s environmental law system. From 2004 to 2009, China’s courts heard more environmental pollutionrelated tort cases than pollution-related administrative and criminal cases combined. Since 1998, the number of environmental lawsuits filed with the courts increased at an annual average of 25%.

Adam Moser is China Environment Fellow, U.S.-China Partnership for Environmental Law, Vermont Law School. Tseming Yang is Professor of Law, Vermont Law School, and Visiting Professor, Sun Yat-Sen University Law School, as well as Former Director and Chief of Party, U.S.-China Partnership for Environmental Law.

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