Environmental Law in China Mitigating Risk and Ensuring Compliance

Environmental Law in China: Managing Risk and Ensuring Complianceis a comprehensive guide to China's environmental laws and regulations. Charles McElwee introduces China's major national laws concerning the environment and presents them in a straightforward, organized fashion. McElwee also includes a clear breakdown of China's legal system and the way in which China's unique culture affects the implementation and enforcement of its laws. However, McElwee goes beyond summary and explanation, offering his analysis and insight into how the environmental law is in fact applied. As a result, McElwee is able to offer a realistic account of the way companies encounter Chinese environmental regulations at both the local and national levels throughout their various stages of operation. He methodically dissects the different areas of environmental law and presents a practical method for foreign-invested companies to ensure their products and manufacturing processes are in compliance with China's regulations. In addition, McElwee discusses the risks and legal penalties confronting companies that fail to comply with these regulations.

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).

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