Search Results (10)

The punitive damages framework for environmental torts is vital for addressing the global ecological crisis and the challenges of environmental governance in China. This system compensates for shortcomings in traditional compensatory damages, intensifies penalties for egregious violators, and fosters ecological sustainability. Current research in China predominantly focuses on theoretical aspects, including the institutional nature, claimant eligibility, and constituent elements, yet there is a notable lack of comprehensive studies on the specific rules governing punitive damages. This study employs various methodologies, including literature analysis, comparative legal text review, case studies, and insights from comparative law, to systematically explore pathways for reforming these principles. The findings underscore that defining the private law nature of the issue clarifies its application scope and facilitates the coordination with criminal and administrative liabilities. A calculation method based on multiples of actual losses can standardize judicial discretion. Furthermore, distinguishing between the management of damages in private environmental interest litigation and civil public interest litigation can both incentivize rights protection and ensure funds are available for remediation efforts. The establishment of a scientifically driven offset mechanism effectively prevents overlapping penalties and improves enforcement coordination. Full article

Türkiye’s forest governance exhibits a persistent policy–implementation gap rooted in a governance paradox: while the Ecosystem-Based Functional Planning (EBFP) system promotes ecological integrity and adaptive management, the foundational Forest Law No. 6831 (1956) still legitimizes extractive uses under a broad “public interest” doctrine. This contradiction has enabled 94,148 permits covering 654,833 ha of forest conversion, while marginalizing nearly seven million forest-dependent villagers from decision-making. The study applies a doctrinal and qualitative document-analysis approach, integrating legal, institutional, and socio-economic dimensions. It employs a comparative design with five EU transition countries—Poland, Romania, Bulgaria, Czechia, and Greece—selected for their shared post-socialist administrative legacies and diverse pathways of forest-governance reform. The analysis synthesizes legal norms, policy instruments, and institutional practices to identify drivers of reform inertia and regulatory capture. Findings reveal three interlinked failures: (1) institutional and ministerial conflicts that entrench centralized decision-making and weaken environmental oversight—illustrated by the fact that only 0.97% of Environmental Impact Assessments receive negative opinions; (2) economic and ecological losses, with foregone ecosystem-service values exceeding EUR 200 million annually and limited access to carbon markets; and (3) participatory deficits and social contestation, exemplified by local forest conflicts such as the Akbelen case. A comparative SWOT analysis indicates that Poland’s confrontational policy reforms triggered EU infringement penalties, Romania’s fragmented legal restitution fostered illegal logging networks, and Greece’s recent modernization offers lessons for gradual legal harmonization. Drawing on these insights, the paper recommends comprehensive Forest Law reform that integrates ecosystem-service valuation, climate adaptation, and transparent participatory mechanisms. Alignment with the EU Nature Restoration Regulation (2024/1991) and Biodiversity Strategy 2030 is proposed as a phased transition pathway for Türkiye’s candidate-country obligations. The study concludes that partial reforms reproduce systemic contradictions: bridging the policy–law divide requires confronting entrenched political-economy dynamics where state actors and extractive-industry interests remain institutionally intertwined. Full article

Climate governance operates across multiple administrative tiers, and enhancing the vertical coherence of policies has become a critical determinant of successful climate governance. This study employs data from 1578 counties in China from 2008 to 2022 to explore the synergistic effects between the Low Carbon City Policy (LCCP) and the Cadre Performance Evaluation System Transformation (CPEST). The study reveals that the CPEST has the potential to enhance the carbon reduction effects of the LCCP, yet it has not fully realized a synergistic effect. Further analysis indicates that although the timing arrangement is beneficial, it alone is insufficient to generate a synergistic effect. A synergistic impact only materializes when the objectives of the CPEST and LCCP are aligned, resulting in a carbon reduction effect that is approximately 1.5 times greater than the simple sum of their individual impacts. Mechanism analysis indicates that the combination of the LCCP and CPEST reduces carbon emissions primarily through four pathways: environmental investment, environmental penalties, green technology innovation, and upgrading of industrial structure. The effects of this combined approach are greater than those achieved through separate implementation. Heterogeneity analysis reveals that the combination of the LCCP and CPEST has a more pronounced effect in resource-based cities, old industrial bases, and regions with strong promotion incentives. The research findings provide both theoretical support and empirical evidence for enhancing vertical coordination in climate governance. Full article

The lowering air pollution in the US has brought significant health benefits; however, climate change may offset the benefits by increasing the temperature and worsening air quality. This study aimed to estimate the mortality changes due to air pollution reductions and evaluate the potential climate penalty in the Mid-South Region of the US. Daily concentrations of PM_2.5 and ozone measured at local monitoring stations in 1999–2019 were extracted from the US Environmental Protection Agency’s Air Quality System. Meteorological data for the same period were obtained from the National Oceanic and Atmospheric Administration’s Local Climatological Data. Annual average age-adjusted all-cause mortality rates (MRs) were downloaded from the US Centers for Disease Control and Prevention’s WONDERS Databases. MRs attributable to exposure to PM_2.5, ozone, and high temperatures in warm months were estimated using their corresponding health impact functions. Using Year 1999 as the baseline, contributions of environmental changes to MR reductions were calculated. Results showed that annual average concentrations of PM_2.5 and ozone decreased by 46% and 23% in 2019, respectively, compared with the base year; meanwhile, the mean daily temperature in the warm season fluctuated and displayed an insignificant increasing trend (Kendall’s tau = 0.16, p = 0.30). MRs displayed a significant decreasing trend and dropped by 215 deaths/100,000 person-year in 2019. Lower PM_2.5 and ozone concentrations were estimated to reduce 59 and 30 deaths/100,000 person-year, respectively, contributing to 23% and 17% of MR reductions, respectively. The fluctuating temperatures had negligible impacts on mortality changes over the two-decade study period. This study suggests that improved air quality may have contributed to mortality reductions, while the climate penalty effects appeared to be insignificant in the Mid-South Region. Full article

Local governments are the motors that drive the lives of their citizens. There is no human individual who does not live under a local government, regardless of where they are situated. This is why every local authority’s environment requires a wide range of investments to make it safe and clean. In this research, we assess the expenditure arrangements of Nigerian local governments to guarantee environmental safety. A green and healthy environment is the ultimate goal of all nations throughout the world; thus, local governments are also working to reduce CO₂ pollution in their communities. Nigeria has 774 local governments, and the bulk of these areas have significant pollution densities, owing to CO₂ emissions from crude oil refining for both commercial and domestic use. The Niger Delta regions, where commercial quantities of crude are tapped, are the most affected by this predicament. The two techniques of spending (recurrent and capital) in local government are examined in this paper for the period from 1993 to 2020 using a multiple regression method to determine their influence on CO₂ emissions reduction. The results reveal that the combination of the two methods reduce the effect of CO₂ emissions, but capital spending has a greater positive benefit than recurrent spending. Examination of this link reveals that there is a very weak association between CO₂ emissions and the two types of local government expenditure. The obtained results suggest that local administrations should deploy necessary environmental statutes, fines, and penalties using security officers for enforcement in order to put a halt to illegal crude oil refining and pollution. Full article

The strictness of legal liability for the marine environment protects the marine space of China. Designed to impose the most severe punishment for polluting marine environmental violations, the use of a daily penalty system in maritime legislation has been developed from scratch and from the national to the local levels. Based on Article 73 of The Marine Environment Protection Law, the introduced factors, application, and innovative regulations of the daily penalty system are also hereby discussed. Although substantial progress has been made, the daily penalty system still faces two major obstacles, i.e., shortcomings in The Marine Environment Protection Law and the imperfection in the marine supporting laws, regulations, and local legislation. To this end, to provide an effective guarantee for marine administrative law enforcement and fundamentally solve the problem of the low law-breaking cost, the liability design of the daily penalty system should be improved by expanding the application scope, increasing the daily fine quota, and formulating specific applicable standards adaptable to the marine environment. In this case, a reference can also be provided for the revision of The Marine Environment Protection Law in China. Additionally, it is also suggested to enhance the relevant provisions of marine supporting laws, regulations, and local legislation. Full article

The rational use of environmental regulation tools has become an important means by which to improve the efficiency of carbon emissions. Different types of environmental regulations and their combinations have different impacts on carbon emission efficiency. In order to determine the environmental regulation configurations that may achieve high carbon emission efficiency or lead to low carbon emission efficiency, we constructed an analytical framework of connections between environmental regulation configurations and carbon emission efficiency. Moreover, 30 Chinese provinces from the period covering 2016 to 2019 were selected as research cases. In addition, the super slacks-based measure of efficiency (SE-SBM) model was applied to evaluate carbon emission efficiency. Finally, the fuzzy-set qualitative comparative analysis (fsQCA) method was employed to analyze the impact of different environmental regulation configurations on carbon emission efficiency. The results showed that the carbon emission efficiency of various regions of China is generally low (with most regions not having reached an effective level) and that there are large regional differences. We found that there are four environmental regulation configurations that can achieve high carbon emission efficiency and two environmental regulation configurations that lead to low carbon emission efficiency. Based on these configurations, we draw three conclusions: (1) There are three paths to achieving high carbon emission efficiency: one that values command-and-control environmental regulation but disfavors market-incentive environmental regulation, another that combines command-and-control environmental regulation with market-incentive environmental regulation, and a third that couples command-and-control environmental regulation with voluntary environmental regulation. (2) Two paths that may lead to low carbon emission efficiency were established: excessive penalties and the lack of specific measures. (3) In some conditions, environmental governance investment and fiscal expenditure could be substituted for each other; environmental protection administrative penalties and pollution charges are synchronized; environmental governance investment in the promotion of carbon emission efficiency is indispensable. Policies and suggestions on how the government can use environmental regulation tools to improve carbon emission efficiency are proposed from a general coordinative perspective in the final section of this paper. Full article

The construction of ecological civilization is an important requirement to realize high-quality development of the economy. Over recent decades, natural disasters, global warming, and other ecological problems have occurred frequently, and countries around the world are facing severe environmental challenges. Sustainable development is an effective way to solve these environmental threats, and environmental administrative penalties play a fundamental role in sustainable growth. So, we explore the response of external stakeholders to environmental administrative penalties from the perspective of auditors. The study examines whether environmental administrative penalties affect audit fees, the heterogeneity effects and the mechanisms. The research uses data of heavily polluting listed firms in China that have been revealed by the Institute of Public and Environmental Affairs (IPE). The findings show the following: (1) environmental administrative penalties can increase audit fees; (2) the effective internal control environment can weaken the positive relationship between firms’ environmental administrative penalties and audit fees, and the stronger regional environmental regulation can enhance the positive impact of firms’ environmental administrative penalties on audit fees; (3) further analysis shows that the impact of environmental administrative penalties on audit fees mainly comes from the “risk premium mechanism” rather than the “cost compensation mechanism”, and the response from audit fees can encourage firms to engage in green innovation activities. The above research conclusions provide a certain reference for auditors’ pricing decisions. Full article

In China, there are currently different degrees of arbitrariness in setting environmental administrative fines, and in many areas the faults are not equal to the penalties. To construct a more reasonable and feasible environmental punishment strategy where violators are fined in accordance with the severity of their actions, we use mathematical models to determine the specific range of environmental administrative fines based on the idea of realizing the appropriate balance between the interest of the violators and those of the public, meanwhile, law enforcement officers are allowed to use their discretion within a certain range. We use an example to prove that the punishment scheme provided by our models can be used to more effectively supervise violators’ illegal behaviors than the penalty clause prescribed by law, and through sensitivity analysis and comparison, we prove that the described models are stable and feasible, and provide advantages over the existing methods. We hope our approach provides intellectual support for maintaining legal order, regulating the environmental administrative fine process, guiding business behaviors, and, most importantly, achieving the goal of protecting the environment. Full article

Stakeholders often have a significant interest in the disclosure of information by companies that have received environmental penalties. This study examines how environmental administrative penalties influence companies’ environmental disclosures. Using a sample of 316 manufacturing companies across three years in China, the regression results indicate that the level of voluntary environmental information disclosure (EID) is significantly positively affected by environmental penalties. For companies in heavily polluting industries, environmental penalties decrease their involuntary EID. Environmental penalties also reduce the quality of environmental information, which is mainly reflected in the weakening of the integrity, comprehensibility, and relevance of environmental information in corporate social responsibility (CSR) reports or environmental reports. These findings help us to understand the sustainability of corporate environmental responsibility in the context of environmental administrative penalties. Full article