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China Matters: Chinas Revised Tort Law Significantly Increases Environmental Liability Risks

August 19, 2010

By David J. Freeman & Lynn Feng

On July 1, 2010, the revised Tort Liability Law (Tort Law) of the Peoples Republic of China came into effect, bringing with it major changes in liability standards for cleanup of hazardous substances. Those changes include the imposition of strict liability for disposal of such substances, shifting the burden of proof in pollution cases, and the enunciation of standards by which liability for contamination is allocated among those responsible for pollution.