On the Coverage Scope of Major Risks in Preventive Environmental Public Interest Litigation

Abstract

When determining the coverage scope of major risks in preventive environmental public interest litigation, judgments need to be made from both factual and legal aspects. In the factual aspect, major risks must simultaneously satisfy a high degree of probability and severity of damage. In the legal aspect, the principle of proportionality and the principle of prevention can limit the scope of high probability and severity of damage; in specific cases, the identification subject of major risks, dangerous behaviors, behavioral consequences and causal relationships should be determined; judges can determine the coverage scope of major risks through factual recognition and value judgment.