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FIRST ANNUAL REPORT 2018-2019 Environmental Law Clinic of Wuhan University Research Institute of Environmental Law, Wuhan University

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FIRST ANNUAL REPORT 2018-2019 Environmental Law Clinic of Wuhan University Research Institute of Environmental Law, Wuhan University FIRST ANNUAL REPORT 2018-2019 Environmental Law Clinic of Wuhan University Research Institute of Environmental Law, Wuhan University June, 2019 First Annual Report 2018-2019 Environmental Law Clinic of Wuhan University Research Institute of Environmental Law, Wuhan University This is the first report of the Environmental Law Clinic of Wuhan University. It first sets out the steps taken to establish Environmental Law Clinic of Wuhan University (ELCWU) within the Research Institute Environmental Law (RIEL). It then summarises the Clinic’s activities and projects. The Clinic has had a very successful first year of operation. We thank all the supporters of the Clinic, namely the leaders of Wuhan University and the Law School, members of the Research Institute of Environmental Law, the members of our International Advisory Board, government officials, directors and lawyers from the law firms and our partner non-government organisations. In particular, we are thankful for the generous financial and moral support of UN Environment, and Dewell and Partners Law Firm. Finally, we thank the Director and Deputy Director of the Clinic and our first two environmental law clinicians, and of course our first intake of environmental law clinic students for their enthusiasm and hard work. Professor Wang Canfa, Founder and Professor Ben Boer, Distinguished Director of the Center for Legal Professor, Assistance to Pollution Victims China Research Institute of Environmental Law, University of Political Science and Law Wuhan University Co-chairs, International Advisory Board, Environmental Law Clinic of Wuhan University Establishment of the Clinic The Environmental Law Clinic was established under the auspices of RIEL and with the approval of Wuhan University in 2018. The program operates with the support of Wuhan University, Wuhan University Law School, relevant government departments, judicial departments at all levels, law firms, and environmental NGOs, as well as the environmental law clinics of other universities in China and around the world. The Clinic attracted significant start-up funding from UN Environment and from a private law firm in Wuhan. Since the establishment of the Clinic in Wuhan University, many initiatives have taken place. These include: • Establishing the organizational framework and an office of ELCWU which serves as a window for potential environmental public interest cases; • The appointment of the Advisory Board (Appendix 1); • Conduct of an International Workshop on Clinical Environmental Law Education (Appendix 2); • Conduct of a Workshop on Environmental Rule of Law Promotion Action and Establishing the Central China Environmental NGO Network and the Central China Regional Centre for the Promotion of the Environmental Rule of Law; • Development of an academic curriculum for clinical legal education, for the Environmental Law Clinic course (Appendix 3). The course consists of two parts: classroom work and practical “hands-on” experience. Clinic teachers preside over the classroom. Eenvironmental law clinicians are responsible for practical training, for example working with clinic students on prospective cases and policy initiatives, participating in fieldwork trips, and conducting casework seminars. The clinicians also arrange meetings for the students with government officials, environmental NGOs and law firms to learn about the work of these bodies; • ELCWU delegation visit to the US law school clinics (Appendix 4); and • The visit of domestic as well as overseas professors to assist in training staff and giving lectures for clinic students. Summary of activities of the Clinic from March 2018 to March 2019 1. The Small-Scale Funding Agreement between the UN Environment and the Research Institute of Environmental law was signed by both parties in mid-February 2018. 2. The Clinic was established in early March 2018 by decision of the Director of RIEL, with the concurrence of the Vice President of Wuhan University and the Dean of the Law School. 3. Associate Professor Li Guangbing was appointed as Director of the Clinic. Associate Professor Wu Zhiliang was appointed as Deputy Director of the Clinic. Both professors are permanent staff of RIEL. 4. The Administrator of the Clinic is Dr Hu Bin, who is Deputy Director of RIEL and a member of its permanent staff. 5. The Administrative Assistant of the Clinic for the first session was Ms Lan Ying, who is a postgraduate student of RIEL. 6. Fourteen students（5 undergraduate and 9 graduate） were selected in March 2018 as the first student intake. 7. Computers, a printer, office furniture, and other equipment were purchased for the Clinic over the course of the year. 8. The ELCWU office within the Legal Aid Center of Wuhan University began operation on April 9. Offices within the Law School are also used for Clinic work. 9. Professor Jack Tuholske of Vermont Law School, an experienced environmental litigator, visited on 19 April 2018. In addition to meeting with Clinic staff and students, he gave a lecture on the Assessment by Courts of Scientific Evidence in Environmental Cases. 10. An Environmental Law Telephone Advice Service was commenced. 11. A total of 14 undergraduate and postgraduate students worked in the clinic office on a regular basis during semester (except summer holidays). 12. A clinic brochure was prepared by clinic students for distribution to the public. A copy is attached as Appendix 5. 13. The clinic-associated staff Professor Qin Tianbao, Associate Professor Li Guangbing, Associate Professor Wu Zhiliang and Dr. Hu Bin attended a workshop on environmental public interest litigation at Kunsan-Duke University on 21 April 2018. 14. The first meeting of the International Advisory Board of the clinic was held on the morning of Friday, 18 May 2018. The list of Board Members is attached as part of Appendix 2. 15. The first-ever Chinese Environmental Law Education Clinic Conference took place on the afternoon of Friday, 18 May 2018 and on the morning of Saturday May 19. The conference programme and the list of attendees is attached at Appendix 2. The conference attendees have formed the basis of the International Environmental Law Clinic Network that is contemplated in the UN Environment Small-Scale Funding Agreement. 16. During the Conference, a donation agreement was signed between RIEL and Dewell and Partners Law Firm in Hubei province for a total of RMB300,000 (approximately US$45,000), to be paid in three instalments from May 2018 to February 2019. The donation is to support the ongoing activities of the clinic at the discretion of the Institute and the Clinic Directors. 17. Mr Matthew Baird, Barrister, of Sydney, and an Associate Researcher with Vermont Law School, who is an expert in the environmental law of several Asian countries visited, gave talks and assisted with the development of the Clinic, from 18 to 24 May. 18. As a spin-off of the conference, on the Saturday afternoon of May 19 and Sunday 20 May, a meeting was held to establish the Central China Environmental Non-Government Organisation Network. This meeting was attended by 17 NGOs primarily from the central China region. The English version of the program for the meeting, with the names of the NGOs in attendance, are attached at Appendix 4. This NGO network is intended to interact with our Clinic in order to generate and assist in environmental law cases, projects and policy work. 19. In mid-May 2018, two lawyer clinicians, Ms Wang Xinxin and Ms Yu Wei Xiaozi were contracted by RIEL to work with the Clinic Director and Deputy Director and the clinic students. The clinicians are supported by funds made available by Vermont Law School, RIEL and from the law firm donation mentioned above. 20. A meeting was held with Mr Wang Xinhua, Director of the Legal Department of the Hubei Province Environment Protection Bureau (EPB) on May 22, 2018 to discuss a range of initiatives, including involvement of clinic students in World Environment Day activities, student internships, training of EPB officers, etc. 21. The Hubei Province Environment Protection Bureau celebrated World Environment Day on June 5 and invited all clinic students to participate. The students distributed Environmental Law Clinic brochures and talked with many people attending the event about public interest environmental law. 22. All clinic students participated in the Government Environmental Information Disclosure case in Gushi County, Henan Province from 20 July to 20 September 2018. Students drafted applications for disclosing relevant government’s investigation information on the pollution in Gushi County. The government has replied accordingly with all documents on the case. 23. Lawyer clinician Ms Yu Wei Xiaozi participated in the annual Chinese clinical education conference in Changchun, for all types of university legal education clinics in August 2018. 24. The project on Reporting of Public Interest Litigation Cases, in collaboration with Friends of Nature, Beijing, concluded in October 2018. The students collected legal documents by the courts and NGOs on public interest litigation cases, analysed these cases and drafted the initial report. 25. Associate Professor Li Guangbing, Associate Professor Wu Zhiliang, Dr Hu Bin and Professor Ben Boer visited five Environmental Law Clinics in the United States from 23 September to 2 October 2018. These were the Environmental Litigation Clinic at the Elisabeth Haub School of Law, Pace University, the Environmental and Natural Resources Law Clinic, Delaware Law School, Widener University, the Environmental Law Clinic at the Francis King Carey School of Law, University of Maryland, the Emmett Environmental Law and Policy Clinicat Harvard Law School and the Environmental and Natural Resources Law Clinic, Vermont Law School: see further, Appendix 4. 26. The Environmental Law Clinic course began in September 2018 (first semester). Associate Professor Wu Zhiliang gave lectures on introduction on environmental torts and special lectures on environmental public interest litigation. The students studied and discussed a wide range of foreign cases. 27. A comprehensive Moot Court on the ‘Abandoned wind and solar power’ case was conducted within the course.
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