Wu Guangqiang

jw368@163.com

I HAD mixed feelings after hearing the news that the government of Shifang, a tiny city in Sichuan Province, on July 2 called a halt to the construction of a planned copper alloy plant in the city after thousands of local protesters took to the streets to protest against the project, which, they believed, would further jeopardize their already badly polluted city.

I was gratified that environmental awareness had thrown a monkey wrench into local officials’ reckless plans of putting up projects at the expense of the environment and public interests. The government of Shifang acted sensibly by stopping the 10.5-billion-yuan (US$1.65 billion) project that would have been continued but for the protest. It was a tough decision as the plant would be a golden goose for the city as it would see annual sales of 50 billion yuan with profit and taxes expected to reach 4 billion yuan when completed.

I also read the news with a heavy heart, as, like most similar incidents, the dispute also ended in a violent clash between the people and the authorities. It seems rare for disputes to be settled peacefully. Both the protesters and the government suffered negative consequences socially and economically.

Last August, a storm burst the dyke around a paraxylene (PX) plant in the northeastern city of Dalian, sparking fears that the toxic product it made could spill, threatening the safety of nearby residents. Some 12,000 residents took part in a protest before the authorities ordered the closure and removal of the plant.

The cancellation of both projects led to heavy financial losses in terms of their initial investment and removal. In Dalian PX’s case, unlike Shifang’s plant that is yet to start, it was a completed giant, so the removal costs would be astronomical. Who will bear the costs, the enterprise or the government? The execution of the removal order will be easier said than done.

In China, there is a tendency for things to go from one extreme to the other. What if some extremists, taking advantage of rising popular consciousness of environment protection, inspire the population to oppose the construction of any project, even if it has been approved after stringent environment assessment?

Clearly, the root of all the conflicts lies in the fact that most decisions for building massive projects are made through executive power rather than by law, which often leads to confrontation between authorities at all levels and the people. The law barely has any rule at all in such disputes. For reference, under American National Environmental Policy Act (NEPA), major actions that will significantly affect the environment must be preceded by public release of an environmental impact statement assessing the costs and benefits of the proposal and reviewing alternatives. NEPA, adopted in 1969, made clear its purpose: “To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the nation; and to establish a Council on Environmental Quality.”

It’s over 80 years since the United States began legislating against environmental pollution. It promulgated Rivers and Harbors Act in 1899, Public Health Law in 1912, and Oil Pollution Act in 1924. It was the intensive legislation that curbed the escalation of the pollution that had raged for decades, causing extensive damage to the environment and public health.

China is lagging behind in environmental legislation. Yet what is more lacking is respect for the law and willingness to do things by the book. Though China’s Marine Environment Protection Law and Environmental Protection Law were adopted in 1982 and 1989 respectively, environmental deterioration has been out of control. Driven by an obsession with higher GDP figures, local governments just ignore law and indulge pollution.

Only handling environmental issues strictly in accordance with law can disputes like those of Dalian and Shifang be avoided. As long as a project is approved through due process of law, it shall proceed with construction despite public protest, or it should be cut.

(The author is an English tutor and a freelance writer.)

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