2020 was the final year for achieving victory in the battle to protect blue skies, and also a pivotal year for scientifically formulating the 14th Five-Year Plan for air pollution prevention and control.

　　Some regulatory authorities, when addressing environmental issues, adopt a “stop first, sort it out later” approach—without distinguishing between right and wrong or determining whether an action is lawful. Over the past two to three years, during local environmental‑protection campaigns, such one-size-fits-all measures have been far from uncommon.

　　Recently, many localities have once again cracked down hard on the “one-size-fits-all” approach in the field of ecological and environmental protection.

　　State Council: Multi‑agency, multi‑level, and redundant law enforcement seriously harms the interests of enterprises.

　　According to the Ministry of Ecology and Environment, the ministry has reviewed and approved in principle the “Report on the Special Rectification Campaign Addressing the Issues of Inaction During Normal Times and ‘One-Size-Fits-All’ Measures in Emergency Situations, Which Have Drawn Strong Public Concern.” The ministry has mandated that any instance of “one-size-fits-all” practices must be investigated and dealt with upon discovery, with zero tolerance; moreover, it called for addressing at a deeper level the root causes—such as unscientific policies, inadequate capacity, and lax work styles—that give rise to such practices.

　　This year, the General Office of the State Council issued the “Notice on Matters Relating to Comprehensive Administrative Law Enforcement for Ecological and Environmental Protection,” calling for solid progress in reforming comprehensive administrative law enforcement in this field, coordinated allocation of administrative law enforcement functions and resources, effective resolution of issues arising from overlapping, multi-tiered, and redundant enforcement, and rigorous, standardized, impartial, and civilized law enforcement.

　　Many localities have issued urgent notices in response.

　　· Jiangsu: Environmental inspections will be conducted no more than twice per year, with a reduction in surprise inspections. Recently, the Jiangsu Provincial Department of Ecology and Environment issued the “Opinions on Strengthening the Protection of Enterprise Property Rights in the Process of Ecological and Environmental Supervision and Management,” which stipulates that law-abiding enterprises will face no unnecessary interference, benchmark enterprises will be exempted from inspections, and a strict ban on one-size-fits-all environmental enforcement measures is in place to safeguard enterprise property rights.

　　The Opinions stipulate that ecological and environmental departments at both the provincial and municipal levels shall, in light of local conditions, coordinate and carry out centralized, intensified oversight activities, which, in principle, shall be conducted no more than twice per year, thereby reducing unnecessary inspections and spot checks on enterprises.

　　With regard to the number of special campaigns, the “Opinions” impose strict controls, stipulating that province-wide special law‑enforcement operations shall, in principle, not exceed six per year, and that no prefecture‑level city may layer on additional measures or organize redundant initiatives.

　　For cases involving severe environmental pollution and strong public complaints, we will resolutely investigate and prosecute in accordance with the law, while avoiding “sudden‑action” remediation or shutdowns.

　　· Shandong: Issued “Nine Measures Prohibiting One-Size-Fits-All Approaches” The notice issued by Shandong Province, titled “Nine Measures Prohibiting One-Size-Fits-All Approaches in Work Safety Enforcement,” clearly stipulates that, in principle, enterprises shall not be required to suspend operations or cease production. Following a work safety accident, the practice of simply ordering all similar enterprises to halt production for rectification based on the occurrence of an accident at one company is prohibited in principle.

　　· Hebei: A “one-size-fits-all” approach to enterprise shutdowns is strictly prohibited! According to reports, the Office of the Hebei Provincial Leading Group for Air Pollution Prevention and Control recently issued the “Special Work Plan of Hebei Province on Strictly Prohibiting ‘One-Size-Fits-All’ Practices in the Ecological and Environmental Field.” Starting April 1 and continuing through year-end, a special campaign will be carried out across the entire province to prevent and address such blanket measures in the ecological and environmental sector.

　　· Jinan City: Regulations to Mitigate or Waive 16 Types of Environmental Administrative Penalties This year, the Jinan Municipal Ecology and Environment Bureau issued the “Implementation Opinions on Mitigating and Waiving Administrative Penalties” (effective immediately). The document outlines 16 specific circumstances under which environmental administrative penalties may be mitigated or waived, marking a pioneering initiative nationwide.

　　The “Opinions” state that where an administrative violation is minor and promptly rectified, and no harmful consequences have resulted, the offender may be exempted from penalty. The document further specifies ten circumstances in which administrative penalties may be waived, including cases involving entities that commenced construction without prior approval, entities or individuals that put facilities into operation before passing inspection, entities discharging pollutants exceeding statutory limits, “scattered, chaotic, and polluting” enterprises, as well as certain violations related to the failure to establish monitoring stations or sampling and monitoring platforms. Under specified conditions, such violations may also be exempted from penalty.

　　· Taiyuan City: Clarifies That Seven Types of Conduct Will Not Be Subject to Administrative Penalties The Taiyuan Municipal Ecology and Environment Bureau has issued the “Catalogue of Minor Market Violations Exempt from Administrative Penalties and of General Violations Subject to Lenient or Reduced Administrative Penalties,” under which seven types of conduct will not incur penalties.

　　No penalty means that, during enforcement inspections, if the ecological and environmental authorities determine through investigation that the administrative counterpart acted without subjective intent, committed a minor violation for the first time, and, following admonishment, guidance, or an order to make corrections, promptly and voluntarily rectifies the violation without causing any harmful consequences, the authorities will refrain from imposing a monetary fine.