FIRST ANNUAL REPORT 2018-2019 Environmental Law Clinic of 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 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 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 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 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 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, Province from 20 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 2018. 24. The project on Reporting of Public Interest Litigation Cases, in collaboration with Friends of Nature, , 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 ’ case was conducted within the course. The “Environmental Law Clinic” Curriculum Teaching Program is attached at Appendix 3. 28. In November 2018, after the “Abandoned Wind Case” moot court, the clinic lawyers Wang Xinxin and Weiwei Xiaozi and clinic students went to Beijing to participate in the “ and Low Carbon Development Seminar” organized by Friends of Nature. It is hoped that students will have the opportunity to meet face-to-face with the actual agent of the “Abandoned wind and solar power” case, and understand a series of policy mechanisms behind the case. 29. From September to December 2018, clinic students set up a discussion group on

‘green finance’ cases under the guidance of clinic lawyers. They shared case information and case progress with clinic students. Among them, four students participated in the case and drafted the detailed research report. 30. Clinic lawyer Yu Wei Xiaozi and three students participated in the fieldwork trip in county in Hubei Province and Nanyang county in Henan Province on 26, 27 and 28 November. They participated in collecting evidence in three environmental public interest litigation cases, including on the green finance case. A lecture on environmental law in practice was given by an environmental lawyer from Hubei Longzhong Law Firm during this trip. 31. Clinic Lawyer Wang Xinxin，Yu Wei Xiaozi, and a clinic student participated in the Green Finance Sub-forum of the Ecological Co-government Conference held in Fuzhou, Province and attended the case seminar in Fuzhou city on 1 and 2 December. 32. Professor Kevin B. Jones of Vermont Law School’s Programme and Director of its Energy Clinic visited Wuhan University on 10 and 11 December 2018. He gave two lectures: one was on Introduction to Environmental and Energy Law and the other was on US Policy for Powering the Green Economy. He then shared their extensive clinic education experience with our Clinic staff and students, provoking discussions on: how the clinic building relationship with clients: what are the requirements for students to join the Clinic; how to conduct a comprehensive and objective assessment for students at the end of the project etc. 33. A ‘Lead in Paint Model Law’ project commenced in the Clinic in November 2018. This is part of a broader global initiative discussed with the University of Maryland Clinic Director and a representative of the United States Environment Protection Agency which was initiated the US clinic visit mentioned above. 34. Two students were arranged to audit the court hearing for the second-instance of Changzhou ‘Poisoned land’ case on 19 December 2018 in the Higher People’s Court of Province. ______

Appendix 1 ADVISORY BOARD Environmental Law Clinic of Wuhan University （Part） Co-chairs: WANG Canfa and Ben BOER

Category Organization Name Title Wuhan University Law School XIANG Yan Professor Wuhan University Law School Professor Associate Environmental law clinic LI Guangbing professor Centre for Legal Assistance for the Victims of Pollution (CLAPV), Associate MA Yan Academics Chinese University of Politics and Professor Law, Beijing Environmental and Natural Resources Jill Witkowski Law Clinic, Vermont Law School. Professor Heaps USA Associate Vermont Law School. USA LIN Yanmei Professor Hubei Green Spring Law Firm, ZOU Kun Director Wuhan Law firms Dewell & Partners Law Firm, Wuhan CAI Xue’en Director Beijing Huanming Law Firm HU Yulai Director Jinmao Law Firm WU Rongliang Lawyer The Natural Resources Defense Legal Project WANG Yan Council (NRDC) Chief GE Feng Project Chief Beijing Friends of Nature Legal Counsel LIU Jinmei General Deputy Director NGOs All China Environment Federation WEI Zhe of Legal Department China Biodiversity Conservation and Deputy-secretar Green Development y General Environmental Defenders Office, David Morris CEO Australia Inter-govern UN Environment, Bangkok Office Andrew Raine Lawyer mental

Front Row(from left)：Li Ao; Ma Yan; Wang Yan; Lin Yanmei; Liu Jinmei; David Morris; Wang Canfa; Hu Yulai; Xiang Yan; Ge Feng; Ma Yong; Cai Xue’en

Back Row (from left)：Li Guangbing; Emeline Pluchon; Zhang Yidan; Jill Witkowski Heaps; Wei Zhe; Hou Wei; Wu Rongliang; Andrew Raine; Ben Boer; Qin Tianbao; Matthew Baird; Wang Xinhua; Alexander Zahar

Appendix 2

International Workshop on Clinical Environmental Law Education Wuhan University, China Friday May 18 and Saturday 19 May Agenda

May 18 (Friday)

9.00 - 11.30 First Advisory Board Meeting

Venue: Room 325, Law School, Wuhan University

12:00 - 1.30 Lunch

2.00 - 2.15 Opening Ceremony and Launch of the Environmental Law Clinic

Chair: Qin Tianbao Director, RIEL 1. Feng Guo, Dean of Law, School, Wuhan University 2. Ben Boer, Co-Chair of Advisory Board, Environmental Law Clinic, RIEL 3. Andy Raine, UN Environment, Bangkok

2.15 - 2.30 Group photo

2.30 - 4.00 Session 1: International experience on Clinical Environmental Law Education: Chair: Alexander Zahar, RIEL Speakers：

1. David Morris, Chief Executive Officer, Environmental Defenders Office, Sydney, Australia 2. Jill Witkowski Heaps, Assistant Professor and Director，Environment and Natural Resources Law Clinic, Vermont Law School, USA 3. Evan Hamman, Queensland University of Technology, Brisbane, Australia

Questions and answers

4.00 - 4.30 Tea Break

4.30 - 6.00

4. Matthew Baird, Vermont Law School Research Associate, Lawyer, Sydney and Chiang Mai 5. Liu Jinmei, Client Earth, Beijing Office 6. David Pettit, Senior Attorney, Natural Resources Defense Council, Beijing Office

6.00 pm Dinner

May 19 (Saturday)

9.00 - 10.30 Session 2: Chinese experience in Clinical Environmental Law Education Chair: Li Ao, Legal Aid Clinic Wuhan Law School

Speakers：

1. Ma Yan, CLAPV, CUPL Beijing 2. Chen Yue, Environmental and Biodiversity Law Clinic at Southwest Forestry University, Kunming 3. Li Xiuqi, Environmental Law Clinic, Renmin University 4. Zhang Hui, Environmental Law Clinic, University 5. Xiang Yan, Legal Aid Clinic, Wuhan Law School 6. Li Guangbing Director, Environmental Law Clinic, Wuhan University

Discussion of various university clinic models Comments from international participants

10.30 - 10.45 Tea Break

10.45 - 12.00 Session 3: Participation in operation of the Wuhan Clinic by government, courts, non-government organizations and law firms

Chair: Wu Zhiliang, Deputy Director, Environmental Law Clinic, Wuhan University Panel Discussants： 7. NPC: Zhai Yong 8. Government: Bie Tao, Wang Xinhua, Zhang Jie 9. Judiciary: Jia Qinglin, Yang Junguang, Hou Wei, 10. NGOs: Ge Feng, Shi Wen, Ma Yong, Wang Wanlin, Liu Jinmei, Wang Yan, Shi Wen, Ma Yong 11. Law Firms: Zou Kun, Cai Xue’en, Yang Guosheng, Hu Yulai, Zhao Guang

12.15 Lunch

2.00- City tour for participants not attending Session4 2.00 - 4.00 Session 4: Discussion of establishment of Environmental Law Education Clinical Network in China and the Asia Pacific Region Chair: Ben Boer

1. Ge Feng, Friends of Nature 2. David Morris, Environmental Defenders Office, Sydney 3. Andy Raine, UN Environment 4. Zhang Qing, Chinese University of Kong 5. NGO Representatives from middle reaches of Changjiang River 6. Others from the region

4.00 - 4.15 Close of Conference Appendix 3 “Environmental Law Clinic” Curriculum Teaching Program Environmental Law Clinic of Wuhan University

Ⅰ. Basic curriculum information

Course code：3350220011116 Course title：Environmental Law Clinic Department: Law School Students：Senior undergraduates in Law School hours：48（18 hours for theory courses and 30 credit：3 hours for practical courses） Teacher Li Guangbing Email：[email protected] (team leader） Office：451, Law School Tel：68753703 Teacher Wu Zhiliang Email：[email protected] (Team members） Office： 447, Law School Tel：68753698 Course category：Elective course Preamble course：Environmental Law， Administrative Law，Civil Law， Procedural Law

II. Course outline The environmental law clinic course is a part of the legal clinic course in the law school. It is based on the environmental law clinic and the legal aid centre of Wuhan university. Senior undergraduate students in law school are welcome to take the course. It includes environmental law related theory and practice, combined with real cases. The course consists of two parts: classroom and practice. It consists of 16 weeks, 48 hours, and 3 credits. During the 18 hours in the classroom, students are taught by teachers or specially invited experts, about the related theoretical problems in the practice of environmental rule of law. As to the 30 hours practice, students will work in the environmental law clinic office or other practice units independently, mainly based on actual cases.

Ⅲ. Curriculum contents and allocation of hours Contents hours Theory： discussion of environmental cases in China and foreign countries, 18 lectures on theory and practice of environmental litigation, court procedures and rules, evidence in environmental cases, role of expert witnesses in environmental cases, resolution of environmental disputes, etc. Practice： on duty in the clinic office, answering the consultation 30 telephone, meeting the client under the guidance of a lawyer, participating in the litigation and negotiation, field study, institutional trainee, etc. Ⅳ. Assessment of course performance The theory part of evaluation occupies 30 %, assessed by the course teacher; The practice part of evaluation occupies 70%, assessed by the tutor of the clinic or the practice unit, and the students need to submit the relevant report to the course teacher.

Appendix 4 ECLWU Delegation Visit to US Law School Clinics 23 September – 2 October, 2018

Date University Activities Informal meeting with Elisabeth Haub School of Law Sunday Pace Chinese visiting scholars and students and Prof Richard Sept. 23 University Ottinger (Dean Emeritus) 10 am Meeting and talk with Prof Karl Coplan (Director, Environmental Litigation Clinic) and Prof Todd Ommen (Managing Attorney, Environmental Litigation Clinic) and students Pace Midday lecture by Prof Jonas Ebbesson of Stockholm University University 2.00 Meeting with students at Elisabeth Haub School of Law Attend Clinic Class 3.30 to 5.30 pm Tuesday Widener Visit to Clinic class of Prof James May at Widener Sept. 25 University University, Delaware University of Meeting and talks with Faculty and students

Maryland Meeting with Prof Wendy Jacobs, Director, Harvard Law School Director, Emmett Environmental Law and Policy Thursday Harvard Clinic and Prof Shaun Goho Deputy Director and Senior Sept. 27 University Staff Attorney of the Emmett Environmental Law and Policy Clinic Environmental Clinic seminar Lunch meeting and talks with Faculty and students Harvard Visit to Harvard Law library with Chinese-speaking University librarian Saturday Vermont Law Informal meetings Sept. 29 School Sunday Vermont Law Informal meetings and field trip Sept. 30 School Meeting with Vermont Associate Dean for Environmental Programs, Prof Jenny Rushlow; Lunch talk with Prof Jill Heaps Witkowski, Faculty and students Monday Vermont Law Clinic class; Meeting at with Energy Law Clinic Director Oct. 1 School and Staff; Meeting with Siu Tip and staff at US – Asia Exchange Office; Meeting with Prof Kevin Jones, Director, Energy Law Center Tuesday New York Tour with Wuhan Law School Alumni Oct. 2

Pace University Widener University

University of Maryland Harvard University

Vermont Law School

Appendix 5 The copy of Brochure of Environmental Law Clinic of Wuhan University