Civil Public Interest Litigation against Air Pollution in China

In recent years, the global crisis affecting the planet's ecosystem has become increasingly significant. Specifically, the People's Republic of China has emerged as one of the most polluting countries in the world due to its rapid economic growth over the past decades. Among the many environmental challenges China faces, air pollution has particularly attracted national and international attention, prompting the government to adopt solutions. In this context, the Public Interest Litigation system was officially introduced in the last decade. Through this system, various state and non-state entities have been able to use the legal instrument known as Civil Public Interest Litigation to hold private individuals accountable for environmental pollution. This thesis analyzes this issue, focusing specifically on cases in which air pollution is the primary concern. The first section defines the problem of air pollution in China and worldwide, exploring its causes and comparing its distinctive characteristics. It also highlights the various countermeasures implemented by the Chinese government, including the legislative process that led to the amendment of the Environmental Protection Law. This law serves as one of the pillars of Civil Environmental Public Interest Litigation (CEPIL), which is examined in greater detail in the second chapter. This section not only traces the development of CEPIL within the Chinese legal framework but also identifies the key actors involved, outlining their roles and limitations. Additionally, it explores fundamental aspects of CEPIL, such as locus standi, the existence of a causal relationship, and available remedies. Finally, the third chapter analyzes two landmark cases: one in which the plaintiff is an NGO and another where the People's Procuratorate plays this role.