It is reported that since the new Environmental Protection Law entered into force on January 1, 2015, this is the second judicial interpretation issued by the Supreme People’s Court governing trials of environmental liability dispute cases, following the Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Public Interest Litigation Cases Related to the Environment.

This interpretation is formulated to unify judgment standards for cases involving disputes over environmental tort liability, resolve difficult issues of inconsistent legal application in judicial practice including the imputation principle for pollution liability, constitutive elements of liability, and apportionment of liability for joint or separate torts by multiple polluters, guide people’s courts nationwide to properly hear environmental tort liability disputes, and effectively safeguard the civil rights and interests of victims.

Containing a total of 19 articles, the Interpretation clarifies the application of law in environmental tort liability disputes from eight major aspects:

It defines the scope of application, covering both environmental private interest litigation and environmental public interest litigation, as well as cases of environmental pollution and ecological damage.

It specifies the imputation principle and grounds for liability exemption or mitigation applicable to environmental tort disputes.

It stipulates the internal and external liability bearing rules for polluters when multiple parties discharge pollutants separately or jointly.

It clarifies the litigation status and liability allocation between third parties and polluters where environmental pollution and resulting damage arise from a third party’s fault.

It sets forth the allocation principle of burden of proof between infringed parties and polluters.

It regulates the admissibility of evidence in pollution cases such as appraisal opinions, inspection and monitoring reports, and statements by expert assistants.

It defines the applicable conditions and procedures for preservation of acts and preservation of evidence in environmental pollution litigation.

It specifies the forms of civil liability to be borne by tortfeasors in environmental tort liability disputes.