Chapter 9 examines environmental torts with a focus on the special rules and doctrines developed since the 1980s and under the Tort Law (2009) and relevant judicial interpretations of the SPC. Although most pollution-triggered disputes are resolved by mediation, courts offer the crucially important last resort for China’s most aggrieved and stubborn victims of pollution to seek remedies. Their efforts in seeking access to justice have helped shaping and reforming the rules and practice of environmental tort law to address the difficulties in the collection of evidence, assessment of damage, case acceptance by court, and enforcement of judgment. The chapter starts with exploration of the long journey to establish the rule of no-fault liability as an exception to the conventional fault-based liability by both judicial interpretation and legislation. It then examines the causal link between defendant’s acts and plaintiff’s loss or injury and the rule on the shift of burden of proof from plaintiff to defendant. As environmental torts often involve multiple tortfeasors and large number of victims, the chapter further investigates forms of liability among multiple tortfeasors, class action and remedies. It concludes with discussion of judicial mediation as a preferred option for settling disputes in court.

Chapter 12 studies environmental public interest litigation (EPIL) including civil and administrative EPIL that aims to protect the public interest in a sound environment. It expands public participation in environmental governance and strengthens environmental law enforcement by allowing the public and procuratorates to play a more effective role in monitoring and supervising both polluters and agencies. The chapter starts with an examination of standing. That is, who are best suited to file EPIL to guard against environmental pollution and ecological destruction for public interest. It then explores China’s experiments with jurisdiction including the use of specialized maritime courts, newly established environmental tribunals, and jurisdiction by designation. It further analyzes the remedies including injunction of the polluting activities, elimination of harm, cleanup of contamination, compensation for loss of ecological function, compelling agency to perform statutory duties, and declaring agency’s acts or omission being unlawful. The chapter concludes with discussion of judicial mediation and the procedural guarantee to ensure the protection of public interest.