"Environmental public interest litigation filed by NGOs is an important legal breakthrough to improve the private enforcement of environmental law. Different from traditional standing rules, NGOs are allowed to sue even if their rights or legal interests are not affected by the acts or omissions in question. Since individual rights are considered as superfluous in actions vindicating environmental public interests, certain threshold requirements are applied to NGOs in Article 58 of Environmental Protection Law to ensure the professionalism of NGOs and prevent frivolous lawsuits. The year 2022 marks the 8th year of its implementation in practice and the judiciary has applied and interpreted this provision in numerous cases. Notably, the status quo of practice does not match expectations. Instead, NGOs are increasingly marginalized in this court-centred environmental movement. Although the Chinese courts have generally adopted a relaxed interpretation of Article 58 in individual cases, the standing to sue of the administrative agencies and procuratorates in environmental public interest litigation has a significant impact on the participation of NGOs. Moreover, it should be admitted that difficulties still exist in providing a sound doctrinal explanation for the application of relevant provisions. This is the dilemma faced by the rapid development of environmental judicial innovations driven by legal policies."
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