Workshop on Environmental Adjudication for the Judiciary of Bhutan

Facilitator: Ms. Irum Ahsan, Senior Counsel, Law and Policy Reform, ADB

Traditional Marchang Ceremony

Opening Remarks by the Royal Court of Justice of Bhutan by Hon. Mr. Justice Lyonpo Tshering Wangchuk, Chief Justice, Supreme Court of Bhutan (10 minutes)

Remarks from the Asian Development Bank by Ms. Kanokpan Lao-Araya, Country Director, Bhutan Resident Mission, Asian Development Bank (ADB) (5 minutes)

Remarks from UN Environment by Mr. Andy Raine, Regional Coordinator for Environmental Law and Governance, UN Environment (5 minutes)

Remarks from the US Environmental Protection Agency by Judge Kathie A. Stein, U.S. EPA, Environmental Appeals Board (5 minutes)

Group Photo

* Dinner to be served

Plenary Session 1: Developments in Environment and Climate Change Law and Litigation

Facilitator: Ms. Maria Cecilia Sicangco, Knowledge Management Specialist (Consultant), ADB

1. Overview of Bhutan’s Environment and Climate Change Laws by Ms. Tenzin Wangmo, National Environment Commission, Bhutan (15 minutes)
2. Developments in Climate Change Law by Ms. Briony Eales, Knowledge Management Specialist (Consultant), ADB (15 minutes)
3. Climate Change and Vulnerable Groups by Ms. Irum Ahsan, Senior Counsel, Law and Policy Reform Program, ADB (15 minutes)

Q&A

Plenary Session 2: Climate Change Adjudication From a Different Perspective

Facilitator: Mr. Andy Raine, Regional Coordinator for Environmental Law and Governance, UN Environment

1. The Indian Subcontinent: Role of the Judiciary in Tackling Environment and Climate Change Litigations by Hon. Ms. Justice Hima Kohli, Judge, Delhi High Court, India (15 minutes)
2. Case and Litigation Critique: Lessons from South Asia by Ms Saima Amin Khawaja (Pakistan) and Mr. Ritwick Dutta (India) (30 minutes)
3. Environment and Human Rights: Judicial Approaches in South Asia by Hon. Mr. Justice Qazi Faez Isa, Judge, Supreme Court of Pakistan (15 minutes)
4. WIN, WIN, WIN for Climate, Communities, and our Cooperative by Mr. Deepak Ashwani, Dazin – Happy Green Cooperative (15 minutes)

Q&A

Q&A and Day 1 Wrap-up Session

Summary: Ms. Marlene Oliver, Former Environment Commissioner, New Zealand (10 minutes)

Wrap-up Discussion: Mr Gregorio Rafael P. Bueta, Legal and Policy Specialist (Consultant), ADB; and Ms. Maria Cecilia Sicangco, Knowledge Management Specialist (Consultant), ADB

Training Session 1: Managing Environmental Cases and Environmental Courts and Tribunals Best Practices
By Ms. Marlene Oliver, Former Environment Commissioner, New Zealand

Training Session 2: Developing Special Rules for Environmental Cases
By Judge Kathie Stein, US EPA, Environmental Appeals Board

1. Presentation: Through this Session, judges will:
   • Consider the role of courts in environmental cases
   • Consider some guiding principles of the adjudicative process as it relates to environmental cases
   • Discuss the use of procedural rules, standing orders and guidance documents as a means of developing court rules for environmental cases; identify ways of using/leveraging existing rules for environmental cases
   • Learn about best practices from other jurisdictions in developing special court rules
   • Learn about alternative means of resolving environmental disputes.
2. Interactive Activity: Participants will divide into groups. Using the information provided, each group will exchange ideas about what types of environmental procedural rules would be helpful to courts in Bhutan. Groups will then report out on the main ideas of what they have discussed.
3. Q&A

Note: Working Tea Break

Training Session 3: Dealing With Evidence in Environmental Cases
Facilitated by: Ms. Ammie Roseman-Orr, Senior Counsel US EPA, Environmental Appeals Board

Training Session 3: Dealing with Evidence in Environmental Cases
Facilitated by: Ms. Ammie Roseman-Orr, Senior Counsel US EPA, Environmental Appeals Board

1. Presentation: Through this Session, judges will:
   • Consider issues relating to evidence in environmental cases
   • Understand the use of different kinds of evidence (i.e., technical, scientific, economic, etc.)
   • Learn about the threshold assessments of evidence and standards for admissibility
   • Learn about the different techniques, tools, and skills in managing the presentation of evidence in environmental cases, including the handling and treatment of experts
   • Hear suggestions for how to weigh and evaluate the scientific evidence presented and for dealing with the lack of certainty.
2. Interactive Activity: Participants will divide into groups. Each group will evaluate a hypothetical case provided in advance and, using the principles presented, determine what type of evidence is needed to prove a certain position and what elements are necessary for admissibility. The groups will then report on the exercise.
3. Q&A

Note: Working Tea Break

Day 2 Wrap Up by Ms. Marlene Oliver, Former Environment Commissioner, New Zealand (10 minutes)

Closing Remarks by Hon. Mr. Justice Kuenlay Tshering, Judge, Supreme Court of Bhutan (5 minutes)

Closing Remarks from the Workshop Organizing Team by Ms. Irum Ahsan, ADB; and Mr Andy Raine, UN Environment (5 minutes)

Awarding of Certificates