China: An Environment (PRC Firms) Overview

Opportunities and Challenges for Lawyers in the New Era of Environmental Rule of Law in China

As legal practitioners who have worked in the field of environmental law for more than a decade, the authors have personally witnessed the evolution of China’s environmental rule of law from its initial exploratory phase to the gradual establishment of a comprehensive legal system. At present, China is advancing steadily toward the goals of building a “Beautiful China” and accelerating the modernisation of harmonious coexistence between humanity and nature, guided by the objectives set out in the 15th Five-Year Plan. The development of environmental rule of law is becoming increasingly intertwined with economic transformation, creating broad opportunities for the environmental legal services market while simultaneously posing new and higher demands on the professional competence of environmental lawyers. How to proactively adapt to change and better serve the comprehensive needs of green economic and social development in the process of the rule of law has become a question that every environmental lawyer must carefully consider and actively address.

In the current context, the core opportunities and challenges facing environmental lawyers lie in accurately responding to the diversified legal service demands arising from the transition toward green development and the continuous improvement of the legal system.

New service demands driven by the transition to green, low-carbon, and high-quality development

China’s economic development is at a critical stage of structural adjustment and what is termed high-quality development (a development model prioritising sustainable, efficient and inclusive

growth over raw expansion). The combined pressures of slowing economic growth, industrial optimisation, and mandatory green and low-carbon transformation are profoundly reshaping both the substance and direction of environmental legal service demand. Traditional industries characterised by high energy consumption and high pollution face mounting pressures to shut down, consolidate or transform. As part of the green transition of key sectors such as energy, industry and transportation, enterprises increasingly require legal services related to environmental compliance review, risk prevention and dispute resolution. At the same time, the rapid rise of strategic emerging industries – together with the vigorous development of high-tech industries, green environmental protection industries and modern service industries – has generated new types of environmental legal service needs. In addition, the standardised development of green finance instruments, including green bonds, requires comprehensive and professional legal support throughout the entire process.

Sustained service demands from the ongoing pollution prevention campaign and the standardisation of environmental enforcement

Under the overarching principle of “prevention and control of pollution in accordance with the law”, government authorities have continuously improved the standardisation of environmental enforcement. This has given rise to complex issues, such as the application of law in not-on-site enforcement and the legality of enforcement procedures, thereby driving sustained demand for professional environmental lawyers at all levels of government. Meanwhile, enterprises, as regulated entities, often require the involvement of legal professionals to effectively safeguard their lawful rights – such as the rights to make statements, present defences, and participate in hearings. Furthermore, with the in-depth implementation of institutional measures such as the Regulations on Administrative Law Enforcement Supervision, judicial authorities increasingly rely on lawyers to provide professional assistance in case file reviews and with the handling of enforcement disputes, thereby supporting the orderly advancement of enforcement supervision.

Systematic legal service demands driven by the legislative process of the ecological and environmental code

As a landmark piece of legislation in China’s construction of an “ecological civilisation” (an advanced form of civilization, proposed by the President of the People’s Republic of China, which emphasises harmony between humans and nature, focusing on sustainable development and environmental stewardship, and which is China’s national development strategy and one of the objectives of Chinese environmental law), the Ecological and Environmental Code has entered a critical stage of its legislative process. Adopting a model of “moderate codification”, the Code systematically integrates more than 30 existing ecological and environmental laws. Since its inclusion in the legislative agenda in 2021, the codification process has progressed steadily, with adoption anticipated at the 2026 National People’s Congress sessions, at which time ten existing laws will be repealed simultaneously. This development not only signifies that China’s environmental legislation is entering a new phase of systematisation and refinement, but is also one that will have profound implications for business operations and public awareness of environmental rights. The comprehensive restructuring of the existing legal framework will generate substantial demand for legal services, including:

• interpretation of the new Code and compliance guidance, enabling enterprises to rapidly adapt to the new governance framework integrating pollution control, ecological protection and green low-carbon development;
• supporting revisions to subordinate legislation, as local governments and industries adjust regulations and standards in accordance with the Code; and
• legal application and dispute resolution, which will become central issues and offer broad professional opportunities for lawyers.

Challenges of suppressed compliance demand and talent shortages

While the environmental legal services market continues to expand, the industry also faces multiple challenges that affect both overall development and individual lawyers’ professional transformation. On the one hand, downward economic pressure has suppressed compliance demand. Slower economic growth has led some enterprises to reduce costs, cut back on environmental compliance budgets, or even evade environmental responsibilities, thereby increasing the difficulty and complexity of providing compliance advice, handling environmental litigation, or assisting with administrative investigations. On the other hand, regional disparities in industrial development have resulted in talent shortages. Environmental legal service resources are unevenly distributed geographically, with central and western regions – particularly at the county and municipal levels – facing technically complex environmental cases and significant evidentiary challenges, yet lacking sufficient professional and interdisciplinary talent. Many lawyers remain focused on traditional litigation, while insufficient attention is paid to emerging practice areas, making it difficult to fully meet rapidly evolving market demands.

Recommendations for responding to opportunities and challenges

As key participants in the practice of environmental rule of law and professional advocates for ecological protection, environmental lawyers must take proactive action, confront challenges directly, and cultivate expertise in depth in order to achieve both professional and industry-wide value enhancement. First, continuous learning and the strengthening of professional competence are essential. Lawyers should accurately grasp new laws and policies, leverage AI tools to improve efficiency in legal research and document drafting, and devote greater attention to the analysis of complex legal issues. Second, business transformation and service expansion should be actively pursued. Lawyers should move beyond the limitations of traditional litigation practice, deepen engagement in emerging fields such as ESG compliance and carbon trading, and establish differentiated competitive advantages through high-quality, forward-looking legal services. Third, enhanced industry collaboration is needed to increase overall influence. This includes active participation in legislative discussions, promoting cross-regional sharing of high-quality legal service resources, and effectively using new media platforms to present professional expertise and connect precisely with market needs – thereby achieving a mutually reinforcing alignment between individual development and industry value in the process of building a Beautiful China.

环境法治新时代下律师的机遇与挑战

作为一名深耕环境法律领域十余载的从业者，笔者亲历了中国环境法治从起步探索到体系完善的发展历程。当前，中国正以全面推进美丽中国建设、加快推进人与自然和谐共生的现代化为目标，以“十五五”规划为路径稳步前行。环境法治建设与经济发展转型形成深度联动，既为中国环境法律服务市场带来了广阔机遇，同时也对环境律师的专业能力提出了全新考验，如何在法治深化的进程中主动适应变化、更好地服务于经济社会绿色发展的全面需求，值得每一位环境律师深入思考与积极应对。

在当前时代背景下，环境律师的机遇与挑战，核心在于把握绿色发展转型与法治完善带来的多元化法律服务需求。

1. 绿色化、低碳化高质量发展转型催生全新服务需求

中国经济发展正面临结构调整与高质量发展的关键阶段，经济增速放缓带来的产业优化需求与绿色低碳转型的刚性要求相互叠加，深刻影响环境法律服务需求的内容与方向。其中，高耗能、高污染传统行业面临关、停、并、转压力，在能源、工业、交通等重点领域的绿色转型进程中，企业对环境合规审核、风险防控、纠纷化解等法律服务的需求日益迫切；战略性新兴产业快速崛起，高技术产业、绿色环保产业、现代服务业的蓬勃发展，催生了新型环境法律服务需求；绿色金融、绿色债券等业态的规范化发展，均需专业律师提供全程的法律支持。

2. 污染防治攻坚战的持续推进与环境执法规范化派生刚性服务需求

在“依法治污”总体要求下，政府不断提升执法规范化水平，随之产生的如非现场执法中的法律适用、执法程序合规等新型复杂问题，推动各级政府对专业环境律师的需求持续增长；与此同时，企业作为被监督对象，其依法享有的陈述申辩、听证等合法权利的有效行使，往往需要专业律师的介入予以保障。此外，随着《行政执法监督条例》等制度的深入实施，司法部门在开展案卷评审、处理执法争议等工作时，也需要律师提供专业协助，助力执法监督工作有序推进。

3. 《生态环境法典》立法进程驱动体系化服务需求

作为中国生态文明建设的里程碑性立法，《生态环境法典》的制定进程已进入关键阶段。该法典采用“适度法典化”模式，系统整合了30多部生态环境法律规范，自2021年纳入立法计划以来，法典编纂工作稳步推进，预计2026年两会审议通过，届时将同步废除十部法律。这不仅标志着中国环境法治建设进入系统化、精细化的新阶段，还将深刻影响企业经营模式与公众权利意识。其对现有环境法律体系的系统性重构催生了大量法律服务需求，一是新法解读与合规指引需求，企业需快速适应法典提出的污染防治、生态保护与绿色低碳发展协同治理的新框架；二是下位法修订配套需求，地方政府、行业需依据法典调整完善现有法规与标准；三是法律适用与争议解决需求将成为关键问题，均为律师提供了广阔的业务空间。

4. 合规需求抑制和人才短缺的挑战

在环境法律服务市场扩容的同时，行业发展也面临诸多挑战，这些挑战既关乎行业整体发展，也考验律师专业能力与转型决心。一方面，经济下行压力抑制合规需求。经济增速放缓使部分企业压缩运营成本，减少环境合规投入，甚至规避环境责任，增加了律师提供合规咨询、开展环境诉讼或协助应对行政调查的办案难度与复杂性；另一方面，行业区域发展不均衡导致人才短缺。目前环境法律服务资源在区域分布上呈现显著不均衡状态，中西部地区特别是基层县市，环境案件技术复杂、证据认定难度大，但在这一领域的专业与复合型人才匮乏，多数律师聚焦传统诉讼，新兴领域布局不足，很难充分满足市场快速变化的需求。

5. 迎接机遇与挑战的建议

环境律师作为环境法治实践的重要参与者、生态保护的专业推动者，需主动作为，直面挑战、深耕细作，才能实现专业价值与行业价值的双重提升。一是持续学习，强化专业能力。精准掌握新法规、新政策，借助AI工具提升法律检索、文书起草等基础工作效率，将更多精力投入复杂法律问题研判与学习；二是推动业务转型，拓展服务领域。积极突破传统诉讼业务局限，深耕ESG合规、碳交易等新兴领域，通过提供高质量、前瞻性的法律服务，形成差异化竞争优势；三是加强行业协同，提升行业影响力。积极参与行业立法研讨，促进优质法律服务资源跨区域共享，同时善用自媒体等新型传播工具，展示专业形象，精准对接市场需求，在美丽中国建设中实现行业价值与个人发展的双向奔赴。