On March 18, 2025, Prof. Donald Elliott, of Yale Law School, and Dr. Robert Klee, Seni or Lecturer at the Yale School of the Environment, delivered an academic lecture titled“Merging Law, Science, and Economics:The U. S. Experience in Environmental Law. ”The lecture was chaired by Jin Zining, Research Fellow at Peking University Law School(PKULS). Numerous faculty members and students from both within and outside the university participated in the event, which received an enthusiastic response.

Prof. Donald Elliott:

(1)The U.S. air pollution control program stands as one of the government's best practices, achieving compatibility between environmental protection and economic growth. However, it faces challenges such as slow progress, persistent ozone pollution, and inadequate climate change responses. These issues stem from congressional“bureaucratic legalism, ”non-specialist judges reviewing environmental cases, and policy reversals caused by alternating political parties. Proposes the“The Third Mover Advantage”suggesting China can learn from U.S.mistakes to achieve more efficient environmental governance; scholars'influence on policy primarily stems from students entering the administrative system.

(2)Summarizes five strengths of U. S. environmental law:verifiable and enforceable facility-specific standards; market-based cap-and-trade systems; citizen lawsuits compelling government commitment; general deterrence liability as a regulatory mechanism; quantitative risk assessment for prioritization; Five major shortcomings:excessive burden of proof on the government, non-specialist judges reviewing scientific decisions, substance-by-substance regulation, fragmented regulation by medium, and vague legislative objectives in Congress; additionally, a further limitation:environmental regulation cannot“declare victory”or establish clear priorities.

(3)U.S.environmental law remains largely unsatisfactory:ambitious goals lack adaptive management, and state environmental enforcement correlates with population density. Significant mutual learning opportunities exist between China and the U.S.in environmental governance—America must learn more from external models, while China can draw lessons from U.S.missteps.

(4)Q&A Responses:The U.S.Constitution does not explicitly grant environmental rights, and the enforceability of international environmental commitments is constrained by deep domestic political polarization. Current severe partisan polarization and lack of compromise spirit mean policy direction hinges on the 2026 congressional election outcome; the U. S. can learn from China's experience in building consensus. U. S. nuclear energy development faces the dilemma of private capital being unable to bear the risks of new construction, while societal attitudes toward nuclear energy are undergoing a subtle shift. Nuclear fusion energy is a revolutionary variable that could fundamentally reshape the landscape of climate change response.

Robert Klee, Senior Lecturer, Yale School of the Environment:

(1)U.S. climate policy is shifting away from traditional command-and-control regulation toward promoting clean energy investment. Achieving 100%clean electricity by 2050 or earlier requires large-scale deployment of wind, solar, and batteries; phasing out coal power; maintaining existing nuclear and some natural gas generation; building a more robust grid; and investing in future technologies.

(2)The Biden administration prioritizes climate as a key policy pillar, but the“West Virginia v. EPA”case complicates interagency coordination on climate action. Its climate initiatives embody“equity and justice”principles, mandating that at least 40%of clean energy investment benefits flow to historically marginalized communities.

(3)The Biden administration drives climate action through direct funding, with the 2022 Inflation Reduction Act(IRA)as its cornerstone, marking a major shift in U. S. climate policy. The Act primarily uses long-term tax credits as incentives, focusing on five areas:renewable energy and the grid, clean manufacturing, carbon management, agriculture and forestry, and environmental justice. It has already driven substantial growth in U. S. clean energy investment. However, its implementation faces challenges including political uncertainty, legal challenges, and international reactions.

(4)Q&A Responses:A core value of environmental agencies is applying fundamental scientific knowledge to understand and mitigate the impacts of human activities on people and the environment. Current concerns include budget and staffing cuts, alongside worries about the shrinking role of government administrative bodies—functions the private sector cannot easily replace. U. S. nuclear energy development faces challenges from a fragmented nuclear industrial base. The Biden administration supports nuclear technology advancement through policy and tax incentives, while private capital is reshaping the logic of energy infrastructure investment.

Zhao Hong, Professor of International Economic Law, Peking University Law School:When international environmental obligations conflict with domestic policies, how should the United States fulfill its environmental commitments to the international community?

Ma Yun, Associate Professor, China University of Political Science and Law School(CUPL):How should we view the potential emergence of the“rational-instrumental paradigm”and the“deliberative-constructivist paradigm”in U. S. EPA risk regulation?Does the U. S. public law academic community possess core values to navigate uncontrollable political upheavals?

Wu Kaijie, Assistant Professor, Peking University Law School:Against the backdrop of climate change, what prospects does nuclear energy—as a vital clean energy source—hold in the United States?

Ms. Jamie Horsley: China has demonstrated significant advantages in nuclear energy development, including maintaining an outstanding safety record, implementing replicable standardized construction approaches, establishing rigorous cost assessment systems, and building systematic training and safety assurance mechanisms for nuclear facility operations and maintenance personnel—all worthy of U. S. consideration.

Translated by: Ling Xiaoping

Edited by: Yin dongyong