Search Climate Insights Directory
1,290 results
Inclusive biodiversity conservation and the unsustainability of ‘sustainable use’
The document challenges the South African government's promotion of trophy hunting as a conservation tool, asserting that the economic value of the practice is inflated and its ecological costs are too high. It argues that the 'sustainable use' philosophy creates unrealistic revenue expectations and promotes unsustainable practices. The author recommends transitioning to non-consumptive alternatives, such as ecotourism and conservation-enhancing agriculture, to better support local communities and ecological sustainability, aligning with the constitutional duty to protect the environment for future generations.
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Document type: Policy brief
Ityala lika Shell kwiNkundla yoMgaqo-siseko
The Wild Coast community and civil society organisations, including Natural Justice and Greenpeace Africa, are challenging an SCA order in the Constitutional Court. They argue that the order allowing Shell to seek a decision on renewing its exploration rights is unfair and fails to protect human rights, cultural beliefs, and the environment. The challenge seeks to ensure that any exploration is subject to proper environmental permission and meaningful consultation with local residents.
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Document type: Fact sheet
PETITION TO THE PRESIDENT NOT TO SIGN THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13B – 2021 INTO LAW
The petition argues that the Upstream Petroleum Resources Development Bill (B13B – 2021) violates the South African Constitution and the One Environmental System (OES). It highlights the Bill's failure to provide adequate local economic development frameworks, its acceleration of fossil fuel extraction during a climate emergency, and its insufficient public participation and consultation processes. The petitioners urge the President to refer the Bill back to Parliament for redrafting to align with human rights and climate science.
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Document type: Statement
The compatibility of the new CAP legislative proposal with existing EU law requirements
ClientEarth argues that the European Commission's proposal to revise CAP regulations breaches several EU legal requirements, including the CAP Strategic Plans Regulation, the Treaty on European Union, and the European Climate Law, primarily due to the removal of environmental standards and the absence of required impact and climate consistency assessments.
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Document type: Statement
Defining Adequately Demonstrated
The brief defends the EPA's use of the 'best system of emission reduction' (BSER) to mandate carbon capture and storage (CCS) for certain fossil-fuel-fired power plants. It argues that the phrase 'adequately demonstrated' in Section 111 of the Clean Air Act does not require a technology to be widely deployed, citing federal court precedents and legislative history to support the 'technology-forcing' nature of the Act. The document further asserts that this interpretation would remain valid regardless of potential changes to Chevron deference.
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Document type: Policy brief
The Impact of the CBAM on African Economies and the Role of the AfCFTA
The EU's Carbon Border Adjustment Mechanism (CBAM), effective October 2023, imposes carbon tariffs on imports to prevent carbon leakage and encourage global decarbonisation. The document argues that the CBAM will disproportionately harm African countries, particularly least-developed countries (LDCs), by reducing GDP and exports of key materials like aluminium, iron, and steel. It highlights concerns regarding the mechanism's equity, its potential conflict with WTO non-discrimination rules, and the EU's plan to use revenues for internal debt rather than supporting LDCs. The brief recommends that the AfCFTA negotiate for exemptions, a slower phase-in period, and the exclusion of indirect emissions, while urging the EU to increase climate finance and technology transfers to Africa.
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Document type: Policy brief
IEJ and #PTG file response to government’s defence in the SRD grant court case
The IEJ and #PTG have filed a replying affidavit in a High Court case against the South African government, arguing that the Social Relief of Distress (SRD) grant is administered through 'unfair and irrational systems' that exclude up to 8 million people living in food poverty. The applicants challenge the government's defense—which cites fiscal constraints and the temporary nature of the grant—by arguing that National Treasury is overstepping its mandate and that the state is prioritizing the prevention of 'inclusion errors' over the rights of eligible beneficiaries. The document further notes that recent regulatory amendments and a small increase in grant value (from R350 to R370) fail to address the retrogression of the grant's purchasing power against high food inflation.
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Document type: Statement
Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document
A joint statement by six environmental and health organizations providing recommendations to Environment and Climate Change Canada (ECCC) and Health Canada on the implementation framework for the right to a healthy environment (R2HE) under the Canadian Environmental Protection Act (CEPA).
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Document type: Statement
Evidence-Based Recommendations for Overcoming Barriers to Federal Transmission Permitting
The report analyzes the federal permitting process for high-capacity electric transmission lines in the U.S., identifying systemic delays caused by poor interagency coordination, capacity shortages, and regulatory misalignment between federal and state authorities. Based on a dataset of 37 projects and case studies, it argues that while litigation is often cited as a primary barrier, it is rarely the sole cause of project failure. The authors recommend that the President prioritize transmission as a national priority, that Congress consolidate siting authority for multi-state projects, and that agencies adopt more agile, transparent, and collaborative environmental review processes, including expanded use of programmatic EISs and categorical exclusions.
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Document type: Report
Commissions, Corruption and State Capture: Charting the Way Forward for South Africa
The report examines 'state capture' in South Africa, defined as a systematic project to redirect state resources for private gain by weakening democratic institutions. It focuses on the Commission of Inquiry into Allegations of State Capture (Zondo Commission), detailing its findings on the targeting of state-owned enterprises like Transnet and Eskom, and the role of the Gupta family. The document also analyzes other South African commissions (e.g., Nugent, Mokgoro, Mpati) and provides a comparative analysis with Kenya's Bosire Commission to illustrate the limitations of commissions in achieving individual accountability. Finally, it discusses necessary reforms in public procurement, whistle-blower protection, and the professionalization of the public service to prevent future capture.
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Document type: Report
OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)
The document asserts that international law provides no basis to restrict State climate obligations to present generations. It argues that the rights of future generations are rooted in the UN Charter, various international environmental agreements, and the jurisprudence of the ICJ and other international bodies. The submission emphasizes that the principles of prevention and precaution require States to act now to avoid irreversible climate harm and warns against relying on speculative future technologies to meet mitigation targets. It includes the Maastricht Principles on the Human Rights of Future Generations, which provide a framework for the obligations of States and non-State actors to ensure intergenerational justice.
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Document type: Briefing
Gaza: one of the most intense bombardments in history
The document analyzes the Israeli military offensive in Gaza, highlighting an unprecedented bombing rate facilitated by AI-driven targeting. It compares the destruction to World War II carpet-bombing and argues that the use of disproportionate force violates international humanitarian law, while concluding that military solutions are counterproductive to long-term peace.
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Document type: Research paper
Submission to the UN Special Rapporteur on the Right to Development Call for input on “Climate Justice: Loss and Damage”
The document advocates for rooting climate loss and damage responses in international human rights law, emphasizing the right to remedy. It argues that the World Bank is unfit to lead the Loss and Damage Fund due to its continued fossil fuel investments and failure to provide reparations for project-related harms. The author recommends that the Loss and Damage Fund establish a 'firewall' from World Bank policies, implement independent grievance mechanisms, and prioritize grants-based finance over debt-creating loans, guided by the polluter pays principle.
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Document type: Report
Wiser with Wood MAKING EUROPE WORK FOR PEOPLE & FORESTS
The document argues that treating wood burning as renewable energy has led to forest degradation, high CO2 emissions, and public health risks. It outlines the legal requirements of RED III and urges Member States to use their discretion to phase out biomass subsidies, implement the cascading principle, and adopt stricter sustainability criteria to protect European forests and the climate.
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Document type: Guide
Restauração em Escala no Brasil
The report analyzes the challenges of scaling up forest and native vegetation restoration in Brazil, arguing that current public policies are designed for individual rural properties rather than landscape-scale initiatives. It identifies three essential factors for success: the adoption of multiple complementary restoration typologies, the integration of both public and private lands, and the synergy between mandatory legal restoration and voluntary initiatives. The authors highlight the potential of carbon markets and payment for environmental services to drive these efforts, while noting that regulatory contradictions—particularly regarding environmental licensing for native silviculture—remain significant hurdles.
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Document type: Report
Preventing a “Green Curse” in Africa: Mitigating Conflict Risks in Renewable Energy and Mining Projects and Sectors
The document examines how the green energy transition in Africa could trigger conflict due to land displacement, environmental damage, and inequitable benefit distribution. It identifies five key categories of legal protections—land and resource rights, environmental and social protections, compensation and benefit sharing, access to information and participation, and access to justice—that can mitigate these risks. While many Sub-Saharan African countries have enacted basic protections, the brief emphasizes that the quality of implementation, institutional capacity, and political will are essential to prevent a 'green resource curse'.
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Document type: Policy brief
Polluter for Climate Change Loss and Damage
The report analyzes the April 2022 floods in KwaZulu-Natal, South Africa, using attribution science to link the disaster to human-induced global warming. It argues that 'carbon majors'—the largest global GHG emitters—should be held accountable under the 'polluter pays' principle. The document explores the legal pathways in South African delictual law to seek compensation for both immediate losses and future climate resilience, while highlighting the disproportionate impact of such disasters on marginalized communities.
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Document type: Report
Fiduciary Duty Evidence for the Work and Pensions Committee
ClientEarth submits evidence to the UK Work and Pensions Committee arguing that current fiduciary duty legislation is too narrow, leading trustees to prioritise short-term returns over systemic climate risk management. The organisation recommends statutory duties to manage risks to the portfolio as a whole and to assess the real-world impacts of investments on society and the environment, aligning UK practice with European standards and UN human rights principles.
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Document type: Statement
ClientEarth contribution to the European Commission’s call for evidence Renewable energy – guidance on designating renewables acceleration areas
ClientEarth argues that the designation of renewables acceleration areas must strictly adhere to the Birds and Habitats Directives, the SEA Directive, and the Aarhus Convention to avoid legal challenges and environmental degradation. The document recommends that Member States coordinate RED mapping with National Restoration Plans, exclude not only Natura 2000 sites but also areas likely to have significant effects on them, and implement a rigorous, transparent public consultation process that includes the 'zero option' of not designating an area.
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Document type: Statement
Investment Facilitation for Development Agreement
The Investment Facilitation for Development Agreement (IFDA) aims to facilitate foreign direct investment (FDI), particularly for developing countries and least developed countries (LDCs), to foster sustainable development. The agreement focuses on improving transparency, streamlining administrative procedures, and enhancing cooperation between governments and investors. It includes specific special and differential treatment (S&DT) provisions, allowing developing and LDC members to self-designate implementation timelines across three categories (A, B, and C) based on their capacity. While it includes articles on responsible business conduct and anti-corruption, these are excluded from the WTO's dispute settlement mechanism. The agreement is currently being pursued as a plurilateral agreement under Annex 4 of the WTO Agreement, though this remains a point of debate among WTO members regarding the principle of consensus and the implementation burden on resource-strapped nations.
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Document type: Guide