Master Schedule of Training Sessions [Shenyang Tuesday, July 16 – Friday, July 19; Wuhan, Tuesday, August 6 – Friday, August 9; Chifeng, Tuesday, August 20 – Friday, August 23]

Date and Time

Presenter

Notes

Tuesday (first day of training)

Shenyang Only:

8:30 –9:00 --- Welcome from Shenyang, U.S. Consul General and American Bar Association

Moderator, Mr. Li Chao, Shenyang EPB

Invite dignitaries to participate

Seecretary General in Shenyang City Gov’t welcome

U.S. Consul General welcome

ABA introduction to program, Gordon Davis, Esq.

Wuhan and Chifeng:

8:30 – 9:00 --- Introduction to Environmental Governance Training Program

Wuhan: Jock Whittlesey, Gordon Davis, Esq.

Set the stage for environmental governance training.  The “case study” to be covered in depth on third day will be introduced as well

Chifeng: Kurt Tong, Gordon Davis, Esq.

9:00 – 9:15 --- Break

Morning focus: Understanding Environmental Law

9:15 – 10:30 --- Chinese Environmental Laws and How to Use Them, an Overview, with Comparisons to Other National Environmental Protection Systems

Shenyang: Prof. Wang Xi [Prof. Wang Jin, Moderator]

In Shenyang and Wuhan, Prof. Wang Xi will discuss all aspects of Chinese environmental law and their relationships, including local and national laws, as well as relevant international laws.  Included with the text of his lecture are materials Prof. Wang considers relevant to his topic.  In Chifeng, Prof. Wang Jin will address the same topic.

Wuhan: Prof. Wang Xi [Prof. Wang Jin, Moderator]

Chifeng: Prof. Wang Jin [Zhang Jianyu, Ph.D., Moderator]

10:30 – 11:30 ---  The Interactions of Environmental Groups, Government and Industrial Sectors that Affect Environmental Legislation

Shenyang: Sun Youhai, Ph.D  [Moderator, Prof. Wang Mingyuan]

Dr. Sun Youhai will describe the interactions of industry, government, groups, and others in connection with the drafting of legislation.  He will discuss the ways in which citizens and groups can become involved in the important undertaking of legislative drafting

Wuhan:Sun Youhai, Ph.D [Moderator, Prof. Wang Mingyuan]

Chifeng:Sun Youhai, Ph.D [Moderator, Prof. Wang Mingyuan]

11:30 – 12:30 ---  Public Participation in Environmental Decision Making: The Most Potent Enforcement Device

Shenyang: Jia Feng [Moderator, Prof. Wang Jin]

Jia Feng will discuss the powerful role of the public in environmental decision making; he will touch on public participation in NGOs, EIAs, PRTRs, lawsuits, contacts with EPBs, other activities. 

Wuhan: Jia Feng [Moderator, Prof. Wang Jin]

Chifeng: Thirty minute video of Jia Feng’s previous presentation with commentary by Prof. Wang Mingyuan

Lunch --- 12:30 – 1:30

Afternoon focus: Legal Tools and Devices that are Used in Environmental Protection

1:30 – 2:30 ---Environmental Impact Assessments --- Procedures, Public Participation and Problems

Shenyang: Prof. Wang Jin [Moderator, Prof. Wang Xi]

Wang Jin will give an overview of how the EIA procedure works, how the public can involve itself, and the shortcomings of the present system of EIAs in China, with brief comparison to system in other countries

Wuhan: Prof. Wang Jin [Moderator, Prof. Wang Xi]

Chifeng: Prof. Wang Jin [Moderator, Prof. Wang Mingyuan]

2:30 – 3:30 --- A Non-Technical Look at Emissions Trading, Pollution Taxes and Other Economic Incentives for Pollution Control --- How They Work

Shenyang:Zhang Jianyu, Ph.D. [Moderator, Jia Feng]

The point of this lecture is to introduce concepts not yet part of the Chinese environmental law mainstream to get all parties thinking about how to improve environmental enforcement and compliance in China.

Wuhan: Zhang Jianyu, Ph.D. [Moderator, Jia Feng]

Chifeng: Zhang Jianyu, Ph.D.. In Chifeng, add economic incentives for ecological protection [Moderator, Sun Junbao]

3:30 – 3:45 --- Break

3:45 – 4:45 --- How to Use Existing Law to Gain Access to Environmental Information

Shenyang: Prof. Wang Mingyuan [Moderator, Sun Junbao]

Prof. Wang will develop the theme of how Chinese citizens can gain access to information under existing Chinese law and will discuss desirable improvements in the law based on other countries’ systems

Wuhan: Prof. Wang Mingyuan [Moderator, Sun Junbao]

Chifeng: Prof. Wang Mingyuan [Moderator, Sun Junbao]

4:45 – 5:00 --- Commentary and Summation for the Day  

Shenyang: Jia Feng

This is the occasion for bringing all of the day’s themes together and to briefly look ahead to what will be happening tomorrow

Wuhan: Zhang Jianyu, Ph.D.

Chifeng: Zhang Jianyu, Ph.D.

Wednesday (second day of training) (two tracks today, Technical Track and General Track)

Today’s focus: Practical Tools and Stakeholder Roles in Environmental Governance

8:30 – 8:45 --- Introduction to Today’s Focus

Shenyang:  Gordon Davis, Esq.

Mr. Davis will describe the two parallel training tracks, and clarify that there are no restrictions: any attendee may attend sessions in either track, and may shift from one track to the other over the course of the day

Wuhan:  Gordon Davis, Esq.

Chifeng:  Gordon Davis, Esq.

Technical Track

Presenter

Notes

    General Track

Presenter

Notes

8:45 – 9:45 --- Environmental Litigation in China I --- Some Recent Cases Emphasizing Recovery of Damages for Injuries Due to Pollution and Changes in Chinese Judicial Approaches to Environmental Litigation

Shenyang: Prof. Wang Canfa [Moderator, Ms. Zhang Minghua]

Prof. Wang Canfa will give an overview of the kinds of environmental lawsuits that have been litigated in China, and will discuss successful causes of action, damages for environmental torts, class actions and other dimensions of environmental litigation

8:45 – 9:45 --- The Media’s Role  in Environmental Governance  

Shenyang: Cui Guoqi [Moderator, Jia Feng]

This will be a discussion of how media representatives become involved in environmental decision making

Wuhan: Prof. Wang Canfa [Moderator, Sun Junbao]

Wuhan: Cui Guoqi [Moderator, Jia Feng]

Chifeng: Prof. Wang Canfa [Moderator, Sun Junbao]

Chifeng: Replacement for Cui Guoqi [Moderator, Husayn Anwar]

9:45 – 10:00 --- Break

10:00 – 11:00 --- Environmental Litigation in China II --- The Use of Scientific and Technical Proof In Court

Prof. Wang Canfa in all three [Moderator, Richard Ferris, Esq. or Zhang Hongjun, Ph.D. in all three]

Prof. Wang Canfa will continue his presentation on environmental litigation, covering in this hour the kinds of proof that have been useful in successful cases, and how to find and use such evidence

10:00 – 11:00 --- How a Judge Sees Environmental Disputes in the Litigation Context

Shenyang: **** [Moderator, Jock  Whittlesey]

Judges that have actually presided over environmental cases will speak about their cases

Wuhan:Liu Gansheng[Moderator, Jock Whittlesey]

Chifeng: Wang Yaxin  [Moderator, Kurt Tong]

11:00 – 12:00 --- Panel Discussion:Practice Tips --- Conducting an Environmental Lawsuit and Profitably Practicing Environmental Law

Chair, Richard Ferris, Esq., or Zhang Hongjun, Ph.D. ; Gordon Davis, Esq.; Sun Junbao; 

This panel discussion will seek to give useful information to lawyers trying to develop an environmental practice

11:00 – 12:00 --- Panel Discussion: How Industrialists Can Stay in Compliance with Environmental Law While Making a Profit and Protecting Themselves

Prof. Wang Jin, Chair/ a local EPB representative, Husayn Anwar, Ph.D., and a local industrialist in all three locations****

This panel discussion will identify practical techniques for complying with environmental requirements

Lunch --- 12:00 – 1:30

1:30 – 2:30 --- Looking at China’s Environmental  Protection Standards and How They Might be Used in Environmental Litigation

Zhang Hongjun, Ph.D. or Richard Ferris, Esq. [Moderator, Sun Junbao] in all three

This hour is to be used to introduce specific statutory  and regulatory standards found in Chinese law, together with suggestions from foreign lawyers on how the standards might be used to advantage in lawsuits brought by and against industrial clients

1:30 – 2:30 --- Problems with  Chinese Environmental Laws from the Industrialist Perspective

Husayn Anwar, Ph.D. in all locations [Moderator, Cui Guoqi in Shenyang and Wuhan, Du Tiehua in Chifeng

Industry must satisfy Chinese regulatory officials that they are in compliance with environmental laws, a task easier said than done

2:30 – 3:30 --- Pollution Release and Transfer Registers And Other Trends Toward Transparency That Discourage Pollution

Shenyang: Brian Rohan [Moderator, Prof. Wang Jin]

The PRTR device has a vast number of uses; it is relatively unknown in China but if introduced it can become a powerful tool of environmental standards enforcement.

2:30 – 3:30 --- Forging Effective Partnerships Among Lawyers, Environmental Groups, and Enforcement Officials

Shenyang: Zhang Hongjun, Ph.D. or Richard Ferris, Esq. [Moderator, Cui Guoqi in Shenyang and Wuhan, Du Tiehua in Chifeng

Wuhan:  **** [Moderator, Prof. Wang Jin]

Chifeng:**** [Moderator, Prof. Wang Jin]

3:30 – 3:45 --- Break

3:45 – 5:00 --- Reports by Rapporteurs of Presentations in Technical and General Tracks Followed by General Discussion and Summation for the Day

Shenyang:  Moderator: Prof. Wang Xi; Rapporteur for Technical Track, Mrs. Zhang Minghua, Rapporteur for General Track, Cui Guoqi

This is the time when the themes brought out separately in the two tracks are brought together.  Each track will have one “Rapporteur,” who will have attended all sessions in that track. The Moderator will ask each Rapporteur to briefly summarize the important issues covered by the speakers in his track.  Then the Moderator, by asking questions, will promote a dialogue with the Rapporteurs and the trainees on important issues.  The idea is to begin to bring the trainees into active discussion of the issues in preparation for the third day.

Wuhan: Moderator: Prof. Wang Xi; Rapporteur for Technical Track, Jia Feng; Rapporteur for General Track, Kurt Tong

Chifeng: Moderator: Prof. Ma Zhong; Rapporteur for Technical Track, Sun Junbao; Rapporteur for General Track, Mr. Li Xiaohui

 Thursday (third day of training)

 Morning focus: Putting it All Together

8:30 – 8:45 --- Introduction to Today’s Focus

Shenyang: Gordon Davis, Esq.

Wuhan: Gordon Davis, Esq.

Chifeng: Gordon Davis, Esq.

8:45 – 9:45 --- Citizens: Join a Group, Form a Group, Learn the Law, Use the Hotlines 

Shenyang:Prof. Liang Congjie [Moderator, Prof. Wang Mingyuan]

This is an inspirational talk about Chinese civil society becoming actively involved in environmental decision making.  Professor Liang will encourage people from every interest group to play a role in environmental governance.

Wuhan:Prof. Liang Congjie [Moderator, Prof. Wang Mingyuan]

Chifeng: Dr. Li Lailai  [Moderator, Prof. Wang Mingyuan]

9:45 – 10:00 --- Break

10:00 – 12:00 ---   Case Study:  Can an Industrialist in Compliance with Permits Nevertheless be Liable for an Environmental Tort?  

Shenyang:  Moderator: Du Tiehua; Mr. Sun Junbao, and role playing participants

This will be a discussion of a case involving an industrial plant that was in compliance with all of its environmental emission permits, but its legal effluent was killing fish in the river, and the plant was held legally liable for downstream environmental damage.  Then representatives from each stakeholder group (judges, lawyers, industrialists, EPB officials, NGO representatives, media representatives and citizens who are “victims” of the pollution will play their roles in an effort to fully understand this complex situation

Wuhan: Moderator: Dr. Li Lailai; Mr. Sun Junbao, and role playing participants

Chifeng: Moderator: Du Tiehua; Mr. Sun Junbao, and role playing participants

Lunch --- 12:00 – 1:30

 Afternoon focus: Local issues and appropriate responses

1:30 – 2:30 --- A Local Environmental Challenge

Shenyang: Drafting the First City Public Participation Law Mr. Li Chao, Deputy Director, Shenyang EPB [Moderator Jia Feng]

Shenyang EPB is currently trying to draft what they think will be the first Chinese city public participation law; Mr. Li will talk about their undertaking to set up trainee discussion in the next hour

Wuhan: A Water Pollution Challenge**** [Moderator

Mr.****, Wuhan EPB, believes that the most important environmental issue in Wuhan is water pollution.  He will discuss this problem to set up trainee input during the next hour for an appropriate project to undertake in a follow on activity

Chifeng: Challenges of Ecological Protection Facing Chifeng  Mr. Li Xiaohui, Director, Chifeng CEEC [Moderator ****

Mr. Li believes the most pressing issue in Chifeng is desertification, with all that implies for wildlife and natural systems.  He will discuss this problem to set up trainee input during the next hour for an appropriate project to undertake in a follow on activity

2:30 – 3:30 --- Expertise Relevant to the Local Environmental Challenge

Shenyang: Possible follow up project:Public Participation Laws from Other Jurisdictions Jia Feng [Moderator Kurt Tong]

A discussion of how other provincial and city governments have  goal of drafting a public participation law --- problems and solutions

Wuhan: Follow up project: Local Water Pollution **** [Moderator Kurt Tong]

Discussion of a possible project

Chifeng: Follow up project: Practical Policies for Chifeng’s Sensitive Environment  Prof. Ma Zhong [Moderator Kurt Tong]

Discussion of a possible project

3:30 – 3:45 --- Break

3:45 – 4:45 --- Open Microphone Discussion of the Previous Lectures

Shenyang: Moderator, Jia Feng

Public input into scope, nature and details of possible follow on project

Wuhan: Moderator, Prof. Wang Xi

Chifeng: Moderator, Du Tiehua

     4:45 – 5:00 --- Commentary and summation for the day and the course

Shenyang: Gordon Davis, Esq.

Wuhan: Gordon Davis, Esq.

Chifeng: Gordon Davis, Esq.

Friday (fourth day of training--- optional)

     8:00 – 4:00

Shenyang: field trip to industrial site for discussion of environmental compliance

Wuhan: field trip to industrial site for discussion of environmental compliance

Chifeng: field trip to desertified area for discussion of carrying capacity