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Charles R. McElwee II

Counsel

Charles R. McElwee is an experienced environmental and energy lawyer. He has represented a broad range of clients in the United States and China in a variety of matters including counseling on environmental, energy, and import and export issues in the People’s Republic of China; representing buyers and sellers concerning environmental and energy issues in stock and asset transactions; structuring carbon trade and NOx and SO2 allowance trade agreements; managing environmental due diligence on behalf of purchasers of industrial businesses, handling US Natural Resource Damage claims; defending Clean Water Act, Clean Air Act and Safe Drinking Water Act enforcement cases; defending toxic tort actions for personal injury and property damage through the release of hazardous substances into the air, soil and groundwater; representing electric and gas utilities before state public utility commissions; and pursuing appeals of US EPA regulations.

Mr. McElwee is a frequent speaker including most recently, “China’s Energy Future” at the US-China Clean Energy Dialogue, organized by United States Department of Commerce and the China Chamber of Commerce for Import & Export in Beijing, China, January 9, 2008; “Clean Production and the Circular Economy in China” at the ABA’s Annual Meeting in San Francisco, August 12, 2007; “Environmental Law and Litigation in China,” The US-China Business Council, China Operations Conference 2007, Beijing, May 24, 2007; “Green China,” NYU Stern School of Business, Executive MBA Program, Shanghai, China, April 25, 2007; and “China’s Environmental Regime,” during the session “Around the World in 80 Minutes (+10)” at the ABA’s Section of Environment, Energy, and Resources’ 36th Annual Conference at Keystone, Colorado, March 10, 2007. He is featured in Green Dragon Media Project’s “Opportunities and Impediments in China’s Green Development Market,” sponsored by the Monterey Institute of International Studies.

Mr. McElwee is also a noted author on numerous China issues including “Who's Cleaning Up This Mess?” China Business Review, published by the US – China Business Council, January-February 2008; “Energy Conservation: China Means Business” in China Law Reporter, published by the China Committee of the Section of International Law of the American Bar Association; “From Gold to Green: China’s New Environmental Priorities,” BusinessForum China; and “Precedent and Administrative Litigation in the American States,” a paper presented at the International Symposium on Judicial Review, sponsored by the United Nations Development Programme and the Supreme People’s Court of the PRC in 2006.

Mr. McElwee’s distinctions include being the only lawyer listed for environmental matters in China in The International Who’s Who of Business Lawyers 2009 and being recommended for environmental issues in China by PLC Which Lawyer? Yearbook 2009. He also received the Magnolia Award in 2008, the highest award bestowed by the City of Shanghai on foreigners, honoring those who have contributed significantly to Shanghai’s economic performance, international relations, business environment, management standards and community development.

Mr. McElwee is a strategic adviser for Joint US-China Cooperation on Clean Energy (JUCCCE) and chair of the Environmental Committee of the American Chamber of Commerce in Shanghai. He is also a professor of law at Shanghai Jiao Tong University’s School of Law.


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Shanghai
+86.21.6103.6311

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Education

West Virginia University, J.D., Order of the Coif, editor, West Virginia Law Review, 1981
Washington and Lee University, B.S., 1978

Admissions

Ohio, 1981
California