The University of Montana School of Law
The Natural Resources & Environmental Law Program at the University of Montana School of Law is pleased to offer the following Environmental Clinic Class/CLE this fall: “Comparing U.S. and Chinese Environmental Law” by Prof. Michelle Bryan Mudd. In this lecture, Professor Bryan Mudd will share her experiences teaching comparative environmental law in China during the summer of 2012. Set aside your assumptions, because you will learn about the incredible evolutionary leaps that Chinese environmental law has experienced in the past two decades, and how this law compares to the approaches taken in our own country. Professor Bryan Mudd will also share some of her photos documenting the dramatic landscape changes taking place as part of China’s massive development campaign. In a world where our two nations are increasingly linked, and where many U.S. lawyers are called upon to work on transactions for American organizations working in China, an understanding of Chinese environmental law has become an important part of a lawyer’s skill set.
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I. Overview: Comparing Environmental Legal Systems
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- For the China side, we will discuss the historic development of Chinese environmental law, legal system and administrative structure for environmental protection, main tools and procedures for environmental protection, and achievements and problems of environmental law and enforcement in China, etc. For the U.S. side, we will discuss the historic development of U.S. environmental law; the major federal laws and administrative structure for environmental protection; the role of tribal, state, and local governments in protecting the environment; and achievements and challenges for environmental law in the U.S.
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II. Water Quality & Aquatic Ecosystems Protection
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- For the China side, we will discuss the Water Pollution Control Law and other relevant laws and regulations on water pollution control, main legal regimes, water quality standards, and some case studies. We will also discuss the Animals Protection Law, the Fishery Law, and other related laws and regulations addressing the protection of aquatic species and their habitats. For the U.S. side, we will discuss the Clean Water Act and Safe Drinking Water Act as the major federal laws that impact water quality in the U.S.; gaps and challenges under these federal laws; and the role of tribal governments in water quality and their differing approach to defining water quality based on sacred and religious uses. We will also discuss the Endangered Species act and other forms of legal protection for aquatic species and habitats.
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III. Water Quantity & Rights of Use
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- For the China side, we will discuss the Water Law and other relevant laws and regulations on water and water resources, main legal regimes, water rights, water trading, and some case studies. For the U.S. side, we will discuss the state-driven role of allocating water use based on water rights and permitting; the limited federal role in reserving water rights on federal lands; the role of tribal water rights; the law of public trust as a limit on water rights permitting. Here, we will also mention how major water projects such as dams and other alterations trigger environmental impact review.
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To download a course syllabus, please click here
For more information, please contact Professor Bryan Mudd at 243-4823 or email Professor Bryan Mudd
