A Comparative Study on the Application of Group Liability in the Field of Environmental Torts between China and the United States

Abstract

As the biggest developing country, China is relatively lagging in the development of laws on environmental protection. With the increasing impact on the environment bring by the enterprises, the application of group liability in the field of environmental torts has become an urgent legal issue to be solved. This paper uses case the study method, the comparative method, and literature study method, taking Comprehensive Environmental Response Compensation and Liability Act in the United States as an example, to compare the cases, legislation, and judicial practice of China and the United States in this problem. It is concluded that the current Chinese legislation on group liability and corporate environmental responsibility is insufficient, which affects the application of group liability in environmental tort cases. Based on these shortcomings, this paper draws on the experience of CERCLA and proposes suggestions for improving China’s legislation on this issue. A relatively detailed two-step plan is arranged, including improving and perfecting the existing system of piercing the corporate veil and introducing the Environmental Liability Law.