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First Lecture of the "China-Japan-U.S. Environmental Policies and Laws" Lecture Series Successfully Held at the Center for Japanese Studies, Shanghai Jiao Tong University
Text source:Release date:2025.01.10Times of browsing:

On the morning of January 8, the first lecture of the "China-Japan-U.S. Environmental Policies and Laws" lecture series, hosted by the Center for Japanese Studies of Shanghai Jiao Tong University, was successfully held at the Xuhui campus of the university. The lecture was delivered by Professor Alex Wang, a law professor at the University of California, Los Angeles (UCLA), co-director of the Emmett Institute on Climate Change and the Environment, and the Walter and Shirley Wang Chair in U.S.-China Relations and Communication. The theme of the lecture was "Subnational Actions on Climate Change and Transnational Cooperation". The lecture was moderated by Associate Professor Zhao Huiyu from the KoGuan Law School of Shanghai Jiao Tong University. Professor Ji Weidong, University Professor of Humanity and Social Sciences and Director of the Center for Japanese Studies, delivered the opening remarks. Associate Professor Zhao Huiyu, Associate Research Fellow Zheng Zhihua from the center, and Dr. Jing Shiyuan, Postdoctoral Researcher at the China Institute for Socio-Legal Studies, also participated in the discussion. The lecture was attended by many experts, scholars, and faculty and students from the university.

Professor Zhao Huiyu welcomed Professor Alex Wang and briefly introduced the attendees.

Professor Ji Weidong, on behalf of the Center for Japanese Studies and the China Institute for Socio-Legal Studies at Shanghai Jiao Tong University, extended a warm welcome to Professor Alex Wang and briefly introduced the background of the "China-Japan-U.S. Environmental Policies and Laws" lecture series, emphasizing the urgency and importance of environmental issues today.

Professor Alex Wang delivered a lecture on "Subnational Actions on Climate Change and Transnational Cooperation." He began by discussing the potential negative impacts of the Trump administration on environmental protection. He analyzed the legal basis, positions, and implications behind the case of Ohio v. U.S. Environmental Protection Agency (EPA) and introduced California's current challenges in combating climate change and future development trends. He pointed out that the case involves a challenge to the EPA's decision to restore California's waiver to set stricter automobile emission standards under the Clean Air Act. Supporters of the EPA's intervention include several states and cities, numerous environmental organizations, and automobile manufacturers. They argue that California's strict emission standards are crucial for addressing climate change and protecting the environment. Automobile manufacturers even reached an independent agreement with California, promising to continue reducing emissions and meet California's LEV (Low Emission Vehicle) and ZEV (Zero Emission Vehicle) standards. During the litigation, the court conducted an in-depth analysis of the arguments presented. Ultimately, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the fuel plaintiffs lacked standing to sue and rejected the state plaintiffs' constitutional claims. The judgment highlights the complex legal relationship between the Clean Air Act and California's waiver. The Clean Air Act grants states considerable discretion in achieving federal air quality goals, but new car emission standards are typically set at the federal level by the EPA. Section 209(b) of the Act offers California a special waiver, allowing it to set its own automobile emission standards under certain conditions, due to its historical air pollution problems and pioneering efforts in vehicle emission standards. California's litigation on vehicle emissions is not only a legal battle but also a profound political struggle involving environmental protection, economic development, and the distribution of power among states. These cases demonstrate the conflicts and cooperation between various stakeholders when addressing the global challenge of climate change.

Zhao Huiyu discussed the active judicial activities between the federal and local governments in the United States and then introduced California's environmental legislation and judicial achievements, which are of great reference value to other countries and regions. She believes that, in the foreseeable future, Shanghai is highly likely to be impacted by climate change, and given the growing local cooperation between China and the U.S., California's experience is highly relevant for future pilot projects in China.

Zheng Zhihua, combining insights from Professor Alex Wang’s lecture, noted that the two most important elements in environmental protection and climate change response globally, especially in the U.S., are willingness and capability. The willingness hierarchy determines the degree of active participation of countries and regions in addressing climate change, while the capability hierarchy determines their contributions and methods. Different regions have different advantages and capacities for participation. Additionally, he pointed out that the U.S. courts being at the center of the climate debate is very different from the situation in China. In the future, both countries can complement each other’s strengths to better protect the environment and address climate change.

Jing Shiyuan, referencing Professor Alex Wang's earlier articles, discussed the necessary conditions for local governments to become "committed climate leaders". Shanghai has made efforts in recent years to contribute its practices and wisdom to both the top-down and bottom-up dimensions of climate governance, and has achieved certain results. Given the similarities and shared challenges between California and Shanghai in climate governance, both regions can learn from each other's developments in this regard.

Professor Ji Weidong delivered a concluding speech, summarizing the lecture. He expressed that this lecture was an academic feast. Professor Alex Wang deeply analyzed environmental policies, intergovernmental relations, and related issues surrounding climate change, using strategic litigation as the thread. He summarized the lecture into four key areas: the role of government and corporate strategic litigation, environmental standards, environmental rights bundles, and the relationship between technology and policy positions. Professor Ji expressed hope for further collaboration between California and Shanghai on climate change in the future. He concluded by thanking the keynote speaker, discussants, and the audience for their insightful contributions and active participation.