This article will compare legal remedies to both pollution and environmental injustice available in the United States and China. In 2015, China adopted a law that shares many features with the U.S. Clean Air Act that have proven successful in the United States. The law is still new, but China’s regional cultural differences, less experience with civil lawsuits, and uncertainty about the rule of law may risk its effectiveness. Furthermore, the evolving political situation in both China and the United States may change availability of remedies for class discrimination due to anti-pollution policies. Finally, this article will use the case study of the U.S. exporting waste and recyclables to China, where processing causes air pollution, to discuss pollution “outsourcing” across international boundaries. China has shown increasing willingness both to create regulations prohibiting accepting waste and to enforce those regulations.
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Vertical and Horizontal Modes of Injustice in Air Pollution: a Comparison of Law and Society in China and the US,
Nat. Resources J.
Available at: https://digitalrepository.unm.edu/nrj/vol59/iss2/14