Legal interest and its protection in stakeholder litigation of EIA
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D925.3

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    Abstract:

    The stakeholder litigation of EIA becomes a hot issue with the increase of disputation over NIMBY facilities location. However, the definition of stakeholder in such cases is still obscure. The main reason is that there is a different understanding on the legal interest in it. The norm of scope should be based on the environmental interest rather than the right of adjacent in existing legal interpretation or cases. There could be a practical norm for stakeholder litigation of EIA by scoping the environmental interest. However, there is an uncompleted delegation problem in such cases due to the public welfare nature of environmental interest. The resolution is to develop environmental public interest litigation, so as to comprehensively protect the people's environmental interest.

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吴宇.论环境影响评价利害关系人诉讼中“合法权益”的界定及其保护[J].重庆大学学报社会科学版,2021,27(3):181~190

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  • Online: June 09,2021
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