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ENVIRONMENTAL JUSTICE AND CIVIL RIGHTS ADVOCATES’ RESPONSE TO PETITION FOR RULEMAKING TO RESCIND EPA’S TITLE VI DISPARATE IMPACT REGULATIONS
A coalition of advocates argues that the EPA's disparate impact regulations under Title VI of the Civil Rights Act of 1964 are essential for protecting marginalized communities from disproportionate environmental harms. The document details systemic environmental racism, provides case studies of both successful and failed civil rights enforcement, and urges the EPA to strengthen rather than roll back these protections.
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Document type: Statement
GRIEVANCES ABOUT THE PARTICIPATION OF THE CENTRE FOR ENVIRONMENTAL RIGHTS
The Centre for Environmental Rights (CER) and a coalition of eight civil society organisations defend their legal opposition to a proposed coal mine by Atha-Africa Ventures (Pty) Ltd. CER argues that the mine would threaten a Strategic Water Source Area and a protected environment, while asserting that coal mining in Mpumalanga has historically failed to alleviate poverty or provide sustainable local employment. The document clarifies that CER does not represent local farmers or WWF-SA and disputes claims that its actions are 'anti-development', citing the constitutional right to a healthy environment.
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Document type: Statement
CHAMBER OF MINES RESPONSE TO CERs REPORT: ZERO HOUR: POOR GOVERNANCE OF MINING AND THE VIOLATION OF ENVIRONMENTAL RIGHTS IN MPUMALANGA
The Centre for Environmental Rights (CER) defends its 'Zero Hour' report against criticisms from the Chamber of Mines, asserting that the report's findings on environmental violations in Mpumalanga are based on extensive evidence. The CER rejects the Chamber's claim that the Department of Mineral Resources (DMR) has a proven track record of regulation, instead citing a 'consistent failure' in compliance monitoring and enforcement. The CER calls for increased transparency, better protection of strategic water source areas, and improved DMR capacity to prevent further environmental degradation.
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Document type: Statement
RESPONDING STATEMENT TO THE APPEAL SUBMITTED BY THE CENTRE FOR ENVIRONMENTAL RIGHTS (CER) INTEGRATED ENVIRONMENTAL AUTHORISATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998: GN R543/544/545/546 AND THE NATIONAL ENVIRONMENTAL: WASTE ACT, 2008: GN 718 : THE CONSTRUCTION OF A 600MW INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, MPUMALANGA PROVINCE
This document is a responding statement submitted by Jones & Wagener (on behalf of Kuyasa Mining and KiPower) to the Department of Environmental Affairs (DEA). It addresses an appeal by the Centre for Environmental Rights (CER) against the granting of an integrated environmental authorisation for a 600MW coal-fired independent power plant near Delmas, Mpumalanga. The statement denies allegations that the project violates NEMA principles or environmental laws, arguing that the project aligns with the Department of Energy's Integrated Resource Plan (IRP) and employs Circulating Fluidised Bed (CFB) technology to mitigate pollutants.
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Document type: Statement
2015-06-10-thabametsi-appeal-response-part-1-a761f743bf5219c0.pdf
This document is a responding statement submitted by Newshelf 1282 (Pty) Ltd (the Second Respondent) on behalf of the Centre for Environmental Rights (CER) and Earthlife Africa, Johannesburg (the Appellant). It addresses an appeal against the environmental authorisation (EA) granted by the Department of Environmental Affairs (DEA) for the construction of the 1200MW coal-fired Thabametsi power station.
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Document type: Statement
2015-06-10-thabametsi-appeal-response-part-2-f0ed1f6063c9ab7b.pdf
This document is a legal response submitted by NN Attorneys on behalf of Newshelf (the Second Respondent) on 10 June 2015, addressing an appeal against the Environmental Authorisation (EA) granted for the Thabametsi coal-fired power station project in South Africa. The response defends the project's compliance with the National Environmental Management Act (NEMA) and other regulations, arguing that the project is essential for national base-load energy security and that its environmental and health impacts have been sufficiently assessed and mitigated.
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Document type: Report
MR BIRDLIFE SOUTH AFRICA’S RESPONSE TO WILLIAM PATRICK BOWER PTY LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of BirdLife South Africa, argues that a mining right granted to William Patrick Bower Pty Ltd (WPB) should be set aside. The document contends that WPB's replying submission was filed late and introduced new, unauthorized mine layout plans and hydrogeochemical data that were not available to the decision-maker at the time of the grant. BirdLife South Africa further asserts that the mining area contains endangered ecosystems and irreplaceable biodiversity, contradicting claims made by WPB.
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Document type: Statement
cer-paia-10637-response-6-oct-17-2-cbd4f74e010f0e7d.pdf
This document is a formal response from Eskom to a request for information submitted by the Centre for Environmental Rights (CER) under the Promotion of Access to Information Act (PAIA). The request, identified as PAIA QUERY 10637, concerns generation atmospheric emissions license compliance and decommissioning. Eskom agrees to provide access to several identified records but denies access to others or severs specific parts of records based on the Promotion of Information Act (Act 2 of 2000).
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Document type: Statement
eskom-response-to-the-appeal-of-hendrina-power-station-ael-by-cer-e53adfc092a1ec8c.pdf
Eskom's formal response to an appeal by the Centre for Environmental Rights (CER) regarding the Atmospheric Emission Licence (AEL) of the Hendrina Power Station. Eskom argues that the requested variations to the AEL would make the station unable to operate from 2020 and maintains that the current postponements of Minimum Emission Standards (MES) are lawful and necessary due to the station's age and resource constraints.
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Document type: Statement
eskom-response-to-the-appeal-of-komati-power-station-ael-by-centre-for-environmental-rights-a515eaeb2159f7d2.pdf
This document is a formal response from Eskom to an appeal filed by the Centre for Environmental Rights (CER) regarding the Atmospheric Emission Licence (AEL) of the Komati Power Station. Eskom argues that the requested variations to the AEL would make the station's operation untenable from 2020 onwards and maintains that its application for a postponement of Minimum Emission Standards (MES) was lawful and technically justified.
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Document type: Statement
GROUNDWORK’S RESPONDING STATEMENT TO KARPOWERSHIP SA (PTY) LTD’S APPEAL AGAINST THE ENVIRONMENTAL AUTHORISATION REFUSAL DECISION (EA NO. 14/12/16/3/3/2/2005): NGQURA
This responding statement, submitted by groundWork, argues against an appeal by Karpowership SA (PTY) Ltd regarding the Department of Forestry, Fisheries and the Environment's (DFFE) June 23, 2021, decision to refuse Environmental Authorisation (EA) for a gas-to-power project at the Port of Ngqura. groundWork contends that the project is neither necessary nor desirable, citing significant environmental risks, inadequate public participation, and the existence of more sustainable energy alternatives.
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Document type: Statement
scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf
This document is a legal response submitted by ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Ltd (ACWA) to the Minister of Environmental Affairs. ACWA objects to a condonation application by the NGO Groundwork, which seeks to appeal the integrated environmental authorisation for the Khanyisa Thermal Power Station. ACWA argues that Groundwork's notice of intention to appeal was filed excessively late and that the legal justifications provided—specifically the reliance on the Thabametsi judgment regarding climate change assessments—are legally unsound.
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Document type: Report
wpb-replying-submission-566ac351a66d4089.pdf
This document is a response filed by UX Inc. on behalf of William Patrick Bower (Pty) Ltd (WPB) to an appeal lodged by Birdlife South Africa against the granting of a mining right. WPB argues that the appeal is out of time, that Birdlife South Africa lacks standing, and that the environmental concerns raised are based on outdated data and ignore the fragmented state of the land due to historical farming.
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Document type: Statement
RESPONSE OF TWENTY-FIVE ORGANIZATIONS TO THE PETITION OF INDEPENDENT POWER PRODUCERS OF NEW YORK, INC., NEW YORK STATE BUILDING AND CONSTRUCTION TRADES COUNCIL AND NEW YORK STATE AFL-CIO FOR THE ESTABLISHMENT OF A SO-CALLED “ZERO” EMISSIONS ENERGY SYSTEMS PROGRAM UNDER THE CLEAN ENERGY STANDARD
A coalition of twenty-five environmental and justice organizations argues that the IPPNY petition would improperly subsidize fossil fuel-based technologies that are not truly zero-emissions. The commenters contend that the proposed definition of "zero emissions" contradicts the Climate Leadership and Community Protection Act (CLCPA), threatens disadvantaged communities with continued pollution, and ignores the recommendations of the Power Generation Advisory Panel. They urge the Commission to focus instead on energy storage and the phase-down of fossil fuel generation.
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Document type: Report