June 20 - 23

Monday, June 20  According to the workplan, one of my principal tasks is to conduct a  training program on public interest law for Mongolia lawyers . Chimge and I worked on the agenda for this program for about two hours today. In working on the agenda, I used the voice recognition program in the office for the first time: Chimge, Baigali and Amraa were impressed.

I also reviewed the transcript of the psychologist ‘s testimony that I had presented in a trial 10 years ago, which Marilyn had sent to me, and I forwarded it to Amraa and Urna as promised. 

Tuesday, June 21  We met with one student group that had been considering  a case pertaining to uranium mining and a case pertaining to the grant of a mining exploration permit in a sacred area. Neither of those cases are viable: the exploration permit because there are no grounds likely to succeed and the prospective client does not want our assistance, and, in the case of the uranium mining case, the company decided not to proceed with the mining. 

However, one member of the group became aware of another uranium mine, which has been in operation for several years, and there are anecdotal reports of public health problems because of the mine's pollution of a water source and of an association of  local people who are concerned about the mine. The group is looking for a new project, and if everything worked out, this could be an interesting and important toxic tort case. I gave assignments to the group with respect to researching the applicable facts and law. I asked the student who had done excellent work on the exploration permit, and who had shown special persistence in not wanting to give up the case, to undertake the hardest task: contacting the association and getting information from them. 

We also met with the student who was researching the case involving the major coal mine that should have been included in the strategic reserve, and discussed his research with him.

Wednesday June 22  Wednesdays, we conduct seminars with the entire student group, which had been down to  seven students (from original 10), and we now added one more. I spent most of the early morning, from 6 AM to about 10 AM, with an hour and a quarter off for breakfast and a bath, writing up my notes for the presentation.

The subject of the presentation was standing and justiciability. I tried to present it using models from the United States, to illustrate problems that are likely to arise in Mongolia as the law pertaining to standing evolves. Without providing case citations, which would have been meaningless to the Mongolian students,  I talked about the cases of  Baker v. Carr, SCRAP, Sierra Club v. Morton, Society of Plastics v. Suffolk County, and Save the Pine Bush cases.  Generally, my efforts to involve the students in the discussion were unsuccessful: the concepts were apparently too foreign. The students found the fact pattern in SCRAP, where the Court found standing on a very attenuated line of causation unbelievable.

Although the presentation was not as well received as past presentations (I noted that many of the students seemed bored at times), there were some lively discussions: the liveliest discussion at the conclusion of the presentation, was where we should have a party. See pictures below

Chimge I also met with the student who was researching the hydropower case. Although I find it offensive that a country develops an environmentally destructive hydroelectric facility, which would not be economically viable, only to obtain the financial benefit of credits for pollution reduction under Kyoto, I do not think there is much that we will be able to do with respect to this case, especially since I learned that there has already been litigation which was unsuccessful. We asked the student to find out more about the past litigation, and discussed the possibility of addressing the global issue of a developing country pursuing environmentally destructive projects simply to get pollution credits. 

After work, I tried to find out information about the Terelj area, like a hiking trail map. Such things don’t appear to exist: there may be trails, but no maps, even in a tourist area. After walking to various places in town (in the rain, dodging flooded streets), I returned home to cook dinner – except that a power outage stopped me – it was 2 ½ hours before power was restored.

Thursday, June 23 I was surprised to have internet this morning in apartment! After updating blog and trying to Skype Nancy, I finally went for a run (my second of the week). For the most part, I run in the river bed, to avoid the hard tile pavement.

At the office, I worked on preparing for the training program until the afternoon, when Chimge and I met with the students to review all cases. The students will finish up some minor matters, they will plan to go forward with three cases: the case of the coal mine that should be part of the country’s strategic reserve, the possible toxic tort case against the uranium mine, and possibly the metal mine in the South Gobi. 

Making a point, Chimge is at my right.