1. Introduction
Against a background of mounting global concern for environmental protection, the ESG performance of companies has assumed the role of a key indicator for measuring sustainability and social responsibility [
1]. ESG is an effective instrument for reaching carbon neutrality. Around two-thirds of global emissions and 75% of GDP are predicted to be decarbonized by the middle of this century [
2]. In order to achieve this objective, China has formulated a dual-carbon strategy. Enterprises serve an essential role in the coordination of economic development and ecological and environmental protection. The legalization of enterprises is an essential measure for ensuring the sustainable development of businesses, representing a pivotal step for China in achieving its carbon neutrality goal. Since the objective of comprehensive legal reform was proposed, the reform of the legal system to promote ecological and environmental protection has constituted an important part of it. Consequently, comprehensive studies on how environmental justice reform affects microenterprise ESG performance are crucial for building a legally governed China and advancing the growth of highly qualified sustainable enterprises.
The Chinese government has implemented a number of initiatives to promote the improvement of corporate ESG performance to ensure that the dual carbon target is achieved as scheduled. In terms of market-based instruments, the Chinese government has established measures such as emissions trading to reduce pollutant emissions [
3]. In terms of administrative intervention measures, environmental regulation systems represented by environmental penalties have played a major role in environmental governance [
4,
5]. In addition, temporary measures such as restricting the number of vehicles in the city during major political events can also temporarily improve the environment [
6,
7]. Although these measures are all aimed at reducing the occurrence of polluting behavior, the problem of environmental pollution has not been effectively addressed as a result. A critical phase in standardizing environmental governance is the formation of the legal system as a long-term tool for controlling environmental contamination. The establishment of the legal system in environmental governance mainly involves the following two aspects. The first is environmental legislation. For example, China first promulgated the Environmental Protection Law of the People’s Republic of China in 1989 and then issued the new Environmental Protection Law in 2015. These have all made clear legal provisions for environmental pollution behavior from a legislative perspective [
5]. However, in addition to specific provisions in legislation, the judiciary is also essential to the legal system’s efficient operation [
8]. In response to the environmental crisis, foreign countries began exploring an environmental court system in the 1950s, setting up specialized environmental trial bodies to resolve environmental litigation disputes. Subsequently, in order to address the progressively more severe environmental issues in the process of economic and social development, China gradually explored environmental justice reform in 2007 on the basis of learning from foreign experience and established China’s first environmental protection court in Guizhou. In 2022, China had established an environment protection court in 158 cities nationwide.
With growing awareness of environmental protection, environmental justice plays an increasingly important role in maintaining ecological balance and safeguarding the public’s environmental rights and interests. China has built an environmental justice system from the highest to the lowest levels, ensuring that environmental conflicts are resolved effectively. In the practice of environmental justice, the following factors primarily influence this study’s decision to examine intermediate environmental courts rather than high-level, grassroots, or county-level municipal environmental courts. First, considering the framework of China’s environmental justice system, the Higher People’s Court is mainly responsible for formulating judicial policies and judicial interpretations, supervising and guiding the work of lower courts, and coordinating and interacting with the necessary departments in the field of environmental justice; thus, it plays a macro-led role. An important role in the environmental justice system is played by the Intermediate People’s Court. On the one hand, it has jurisdiction over the more important and complex environmental cases and has richer trial resources and a higher degree of specialization. On the other hand, it has a guiding and modeling effect on the trial work of the people’s courts at the grass-roots level. Although grassroots environmental courts are close to the public and the places where environmental disputes occur, they are relatively limited in terms of trial resources, degree of specialization, and trial influence. For example, in 2021, up to 99% of China’s environmental administrative cases were tried under ordinary procedures, and less than 1% were tried under summary procedures. In intermediate people’s courts, 55.81% of first-instance cases are approved. Second, for listed companies, grassroots or county-level municipal environmental courts may face greater pressure and disruption in handling environmental cases involving locally listed companies due to their close local ties. In contrast, intermediate-level environmental courts are relatively more independent and impartial and are able to hear cases more objectively and ensure the correct application of the law. Finally, intermediate environmental courts have obvious advantages in terms of case jurisdiction, trial resources, degree of specialization, and trial influence, and are better able to adapt to the needs of complex environmental cases.
At present, most of the research on environmental courts has carried out extensive discussions on the cost of equity capital, environmental protection expenditures, and investment behavior of enterprises. However, there has been minimal study on the effects of environmental courts on the ESG performance of enterprises [
9,
10,
11]. As a representational change in regional environmental justice reform, the introduction of environmental justice courts can considerably impact corporate environmental behavior decisions [
12]. On the one hand, companies will increase their investment in environmental protection in the short term in order to meet local regulatory requirements [
10]. On the other hand, for companies to achieve sustainable development, they must always enhance their ESG performance in order to balance economic growth and environmental conservation [
13].
Therefore, this study builds a progressive double-difference model to examine the effect of environmental justice specialization on local businesses’ ESG performance using data from Chinese A-share listed companies between 2010 and 2022. This study finds the following: First, the formation of environmental protection courts can greatly improve the ESG performance of local businesses. Second, in terms of the mechanism of action, environmental justice reform can improve the ESG performance of enterprises by attracting media attention and analyst attention. Third, the heterogeneity analysis shows that environmental justice specialization has a greater impact on enhancing the ESG of companies in the eastern area, with high environmental uncertainty and heavy pollution.
This study makes three research contributions. Firstly, from a research perspective, it contributes to the judicial perspective on the impact of regional rule of law reform on corporate governance conduct. Existing research mainly focuses on the impact of corporate governance and capital structure from the perspectives of legislative behavior, technological change, and personality traits. Few studies have examined the effect of rule of law reform on company ESG performance against the backdrop of China’s rule of law development. Secondly, in terms of research contents, it examines the impact of prefecture-level environmental protection courts on company ESG performance, as well as their mechanism of action. It supplements existing research on the establishment of environmental protection courts. Finally, in terms of research significance, the results provide positive evidence for the implementation effect of China’s dual-carbon strategy, which provides valuable reference for global environmental governance and sustainable growth.
5. Conclusions, Implications, and Limitations
5.1. Conclusions
The global community continues to grapple with the complex challenge of achieving sustainable development. The integration of ESG considerations into business operations offers a framework for aligning corporate sustainability with broader societal objectives. Additionally, the reform of environmental justice offers pertinent regulations regarding environmental governance practices at the level of the rule of law. Both of these areas have garnered significant interest from industry and academic circles. Accordingly, this study employs a sample comprising Chinese A-share listed companies from 2010 to 2022 to investigate the influence of environmental justice specialization on corporate ESG performance. The findings of this study are presented below. Firstly, it was found that environmental justice specialization has a significant positive impact on corporate ESG performance. This result remains consistent even after conducting a series of robustness tests. Secondly, the mechanism test indicates that environmental justice specialization can attract greater media and analyst attention by enhancing firms’ external monitoring, which in turn enhances firms’ ESG performance. Finally, this study investigates the heterogeneity of the impact of environmental justice specialization on corporate ESG performance in terms of geographic distribution, environmental uncertainty, and corporate pollution type. With respect to geographic distribution, the environmental justice specialization has been observed to exert a more pronounced influence on ESG performance in the eastern region. With regard to environmental uncertainty, the environmental justice specialization has been found to enhance corporate ESG performance to a greater extent when environmental uncertainty is elevated. Among the categories of corporate pollution, the environmental justice specialization has been seen to exert a more pronounced impact on firms that engage in substantial pollution. In conclusion, the environmental justice reform, as exemplified by the environmental court, plays a pivotal role in the implementation of China’s dual-carbon strategy.
5.2. Policy Recommendations
The following suggestions are offered for the relevant authorities to take into account in light of the investigation’s findings. Firstly, the government should continue to pursue the promotion of environmental justice through judicial reform, the establishment of a unified system and standards of judicial procedure, and the enhancement of the fairness of environmental justice. Furthermore, the effectiveness of environmental law enforcement should be improved, thereby ensuring a seamless and coherent continuum among legislation, justice, and law enforcement. While prioritizing the enhancement of judicial efficacy, it is imperative to persist in guaranteeing the professionalism and autonomy of environmental judicial personnel, thereby bolstering the fairness and efficacy of environmental governance. Secondly, enterprises should prioritize the enhancement of their ESG performance and refrain from involvement in environmental litigation disputes in light of the increasingly rigorous rule of law. Moreover, enterprises should enhance the transparency of their environmental information, cultivate a positive reputation, and cultivate a favorable public opinion atmosphere for the green development of enterprises. Thirdly, the central and western regions should speed up the reform of environmental justice. Increase support in the areas of human resources, legislation, and policy guidance. Improve the environmental justice coordination mechanism and jointly respond to cross-regional environmental problems. Effectively protect the sustainable development of local enterprises. Ultimately, with regard to the principal supervisory body, it is incumbent upon society, the public, the media, and other external stakeholders to enhance their awareness of judicial rights. This will ensure the maintenance of consistent external pressure for the corporate ESG performance enhancement, thereby enabling them to play their roles in ecological and environmental sharing and common governance and co-construction.
5.3. Research Limitations
The present study is limited by three factors. First, the data sources are restricted. Furthermore, the responses of firms to environmental justice specialization may also vary depending on factors such as the nature, size, and strategy of the firms in question. It is therefore important to consider that the results of this study may not be applicable to all firms and should be carefully considered in practical applications. Further research could provide greater insight into the impact of environmental justice specialization on firms in specific industries. Secondly, this study examines the role played by external monitoring mechanisms in the ESG performance of firms as a consequence of environmental justice reforms. However, further investigation is required to ascertain whether internal governance behaviors of firms affect the relationship between the two in comparison to external monitoring. Thirdly, it has been demonstrated that the specialization in environmental justice has an effect on the ESG performance of corporations. Furthermore, it has been established that this impact may extend to firms in the supply chain and affect their ESG disclosure practices. These results lay the groundwork for additional research.