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ICJ AO Litigation Notes Digest February 2026
The document analyzes how the 2025 ICJ Advisory Opinion (AO) establishes a 'stringent due diligence' standard for States to prevent significant harm to the climate system. It argues that regulatory rollbacks, such as easing emission standards or removing Environmental Impact Assessment (EIA) requirements, may constitute internationally wrongful acts. The note provides specific legal excerpts from the AO and applies them to various categories of litigation, including challenges to diluted mitigation standards, weakened land-use protections, and procedural rollbacks. A detailed annex examines recent regulatory shifts in India—including thermal power emission norms, forest governance changes under the Forest (Conservation) Amendment Act 2023, and EIA exemptions—as examples of conduct that may breach the ICJ's established standards.
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Document type: Guide
ERS Spotlight Forest Restoration Uganda
The document highlights Uganda's use of the United Nations-backed REDD+ initiative to combat deforestation, which saw the country lose over 60% of its forests between 1990 and 2015. By implementing improved forest monitoring, community-led reforestation, and energy-efficient stoves, Uganda achieved a verified emissions reduction of 8 million tonnes CO2e between 2016 and 2017. This success made Uganda the first African country to receive results-based payments from the Green Climate Fund, totaling 31 million USD. The specific project spotlighted has an estimated annual emissions reduction potential of 4 MtCO2e.
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Document type: Fact sheet
Submission to the UN Special Rapporteur on Climate Change: Food Systems, Fossil Fuels, Climate Change, and Health
The Global Climate and Health Alliance outlines the critical links between industrial food systems, fossil fuel reliance, and adverse health outcomes. It highlights how the industrialization of agriculture contributes to 34% of global greenhouse gas emissions and drives a 'global syndemic' of obesity and undernutrition. The document emphasizes the role of fossil-fuel-derived agrochemicals and plastics in promoting antimicrobial resistance (AMR) and biodiversity loss. To address these crises, the Alliance recommends establishing sustainable dietary guidelines, decarbonizing food processing and transport, adopting agroecological practices, and eliminating subsidies for harmful industrial agricultural practices.
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Document type: Report
CEO Note: Indonesia’s big step for Nature
President Prabowo of Indonesia has revoked the permits of 28 companies linked to deforestation, including North Sumatra Hydro Energy and Agincourt gold mine, following devastating floods in Sumatra. The government is suing six companies for $284 million in damages. Additionally, nearly 82,000 hectares in Tesso Nillo National Park have been returned to the Ministry of Forestry for restoration. Mighty Earth is leveraging these actions to advocate for the reconsideration of the 'Food and Energy Estates' project, which has already destroyed over 75,000 acres.
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Document type: Statement
CEO Note: There goes the Amazon Soy Moratorium
The Amazon Soy Moratorium, which prevented the purchase of soy from land deforested after July 2008, has collapsed after more than twenty companies, including ADM, Bunge, Cargill, and Louis Dreyfus, withdrew. This policy previously saved 17,000 square kilometres of rainforest in its first decade and allowed the soy industry to expand by over six million acres in the Brazilian Amazon by using previously converted lands. The author warns that the collapse could expose 3 million acres of forest to deforestation and increase Amazon deforestation by up to 30% by 2045, contradicting corporate pledges to eliminate ecosystem destruction. The text criticizes retailers like Sainsbury’s and E.Leclerc for failing to impose commercial consequences on the traders responsible.
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Document type: Statement
Dangerous Distractions: How agribusiness narratives continue to undermine climate action
The document analyzes the strategies used by agribusiness to delay climate action, focusing on the 24th World Meat Congress and COP30. It identifies key industry narratives—such as the claim that meat is sustainable, essential for health, and that the industry is simply meeting inevitable demand—as tools to distract from the need for dietary shifts and methane reductions. The report highlights the role of industry-funded media, like the film 'World Without Cows', and the influence of agribusiness on the FAO and US dietary guidelines to maintain 'meat primacy' and avoid systemic reform.
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Document type: Briefing
Pourquoi une communication et une information démocratiques sont essentielles à la justice climatique
The report positions democratic communication as a critical infrastructure for climate justice, asserting that environmental policies often fail when disconnected from local social and cultural systems. Through three case studies, it illustrates how community radio in Colombia's páramos, public dialogues on hydropower in Nepal, and community-led data collection in Nigeria's Niger Delta empower marginalized populations. These initiatives combat disinformation, validate indigenous expertise, and transform communities from passive recipients of climate policy into active participants and producers of evidence. The document concludes that investing in independent journalism, community media, and digital inclusion is a strategic necessity for effective and equitable climate action.
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Document type: Report
Fiber-Based Packaging
The document examines fiber-based packaging as a renewable alternative to plastic, detailing its composition from wood and agricultural waste. It highlights the significant environmental footprint of the pulp and paper industry, particularly regarding water intensity, energy use, and chemical pollution. The paper advocates for a sourcing hierarchy prioritizing FSC Recycled-certified materials and provides a framework for mitigating end-of-life impacts through circular economy principles and the formalization of informal waste collection systems.
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Document type: Research paper
WWF Vision Statement: Responsible Use of Alternative Materials to Address Plastic Pollution
WWF argues that while substituting plastic with materials like paper, glass, and metal can reduce pollution, it must be a secondary priority to elimination and reuse. The document emphasizes that no single material is universally superior and that substitutions involve trade-offs, such as increased deforestation risks from paper or higher transport emissions from heavier glass and metals. WWF proposes five guiding principles for substitution: responsible sourcing, protecting human health and safety, designing for circularity, aligning with local infrastructure, and utilizing life cycle assessments.
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Document type: Statement
Amazon Forgotten Fishes
The Amazon Basin hosts over 2,700 fish species, representing 15% of global freshwater fish biodiversity, with 65% being endemic. These fishes provide critical ecosystem services, such as seed dispersal for rainforest regeneration, and are essential for the food security and livelihoods of millions of people. However, they are threatened by habitat fragmentation from dams, deforestation, pollution (particularly mercury from gold mining), overfishing, and climate change. The report advocates for a shift from isolated national strategies to a unified, basin-wide governance framework that integrates scientific data with Indigenous and traditional knowledge to protect river connectivity and sustainable fisheries.
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Document type: Report
UNDERSTANDING, IMPROVING, AND IMPLEMENTING TRACEABILITY FOR KEY FOREST & AGRICULTURAL COMMODITIES
The document outlines the drivers and challenges of traceability in global commodity supply chains, advocating for 'material-forward tracking' over 'product-backward tracing'. It details the technical elements of effective traceability, including event-based tracking, data standards (such as GS1 EPCIS), and the distinction between serialized and lot-based methods. The guide also evaluates supporting tools like geospatial analysis, certification systems, and scientific testing to combat fraud. Finally, it provides a 12-step implementation road map for downstream companies to build traceability capabilities, from securing leadership support to fostering industry-wide collaboration.
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Document type: Guide
You don’t need rainforests to build RVs
The RV industry is identified as the largest consumer of tropical wood in the US, utilizing meranti or lauan plywood sourced from Borneo, Indonesia, which has contributed to a 50% decline in Bornean orangutan populations over 60 years. The text highlights that major manufacturers such as Winnebago, Thor, and Forest River, along with supplier Patrick Industries, lack the wildlife and forest protection standards common in other industries. It advocates for a transition to composite materials or Forest Stewardship Council certified wood to protect rainforests and Indigenous community rights.
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Document type: Statement
Where does Brazil stand with the implementation of the Forest Code
The 2025 report on Brazil's Forest Code implementation reveals a significant increase in CAR registration validation, rising from 3.3% to 9% of the national database, driven largely by automation in states like São Paulo and Paraná. While federal governance of the SICAR system has improved through new intergovernmental coordination and the operationalization of Environmental Reserve Quotas (CRAs), progress remains uneven across regions. The Northern region shows limited progress, while the Southeast is the most advanced. A critical bottleneck remains the lack of verifiable land tenure information, with approximately 30% of registrations in Mato Grosso showing spatial overlaps. Implementation of the PRA remains limited, with a small number of Environmental Compliance Agreements (TCs) relative to the volume of properties requiring restoration.
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Document type: Report
Story Spark: Deforestation
The document outlines the current state of global deforestation, noting that 8.1 million hectares were lost in 2024 and that the world is off track to meet the COP26 goal of halting and reversing deforestation by 2030. It identifies agriculture as the primary driver, accounting for 86% of global deforestation over the last decade, and highlights the critical role of old-growth forests in carbon storage. The guide also notes that climate-driven risks, particularly wildfires, have become leading causes of forest loss, with fire becoming the principal driver of tropical forest loss for the first time in 2024.
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Document type: Guide
G20: a platform where world powers still talk to each other about sustainable development
The 2025 G20 presidency under South Africa served as a symbolic platform for African priorities, including debt sustainability and just energy transition, but faced significant challenges due to the absence of the US and a general lack of collective ambition on climate change. While the presidency successfully advanced discussions on critical minerals and disaster resilience, the Final Communiqué failed to mention transitioning away from fossil fuels, reflecting a broader trend of G20 paralysis on environmental leadership.
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Document type: Research paper
CEO Note: “Sumatra is a warning from Nature”
Following devastating floods from Cyclone Senyar in Indonesia, Mighty Earth's CEO argues that deforestation has exacerbated the disaster's lethality. The document highlights the Batang Toru ecosystem as a warning sign and calls for an emergency pause on the Food and Energy Estates project to protect the country's climate resilience and enable a 25-million-acre nature restoration initiative.
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Document type: Statement
Cómo cubrir los resultados de la COP30
The COP30 summit in Belém concluded with the "Mutirão global" agreement, which maintained negotiations but postponed key decisions on fossil fuels and adaptation finance. While the summit saw record indigenous participation and significant funding commitments for tropical forests and energy infrastructure, it failed to establish a clear mechanism to limit warming to 1.5°C and lacked a process for reviewing Nationally Determined Contributions (NDCs). The document urges reporters to translate these diplomatic results into human-centric stories focusing on vulnerable communities and territorial rights.
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Document type: Guide
COMPANIES, INVESTORS AND CIVIL SOCIETY UNITE BEHIND CALL ON THE EUROPEAN COMMISSION TO END LEGAL UNCERTAINTY AND IMPLEMENT THE EU DEFORESTATION REGULATION
A coalition of businesses, investors, and NGOs opposes proposals by the Council of the EU and European Parliament to delay the EU Deforestation Regulation (EUDR) by another year and conduct a review in April 2026. The signatories argue that such delays create market instability, waste existing corporate investments in compliance, and postpone urgent action against global forest loss and its associated climate and biodiversity risks.
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Document type: Statement
Déclaration du Sommet des Peuples vers la COP30
The People's Summit declaration identifies the capitalist mode of production and transnational corporations as the primary drivers of the climate crisis. It rejects market-based 'false solutions' and calls for a transition based on popular sovereignty, the recognition of ancestral knowledge, and the redistribution of wealth from the Global North to the Global South. The document emphasizes the intersection of climate action with feminism, anti-imperialism, and the protection of indigenous territories.
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Document type: Statement
Final declaration of the Peoples’ Summit towards COP30
The Peoples’ Summit declaration identifies the capitalist mode of production and transnational corporations as the primary causes of the climate crisis. It rejects market-based 'false solutions' and the current model of multilateralism, calling instead for a 'just, sovereign and popular transition.' Key demands include the demarcation of indigenous lands, popular agrarian reform, the end of fossil fuel exploitation, and the redirection of military spending toward climate repair. The document emphasizes feminist justice, the recognition of ancestral knowledge, and the need for international climate finance to bypass institutions like the IMF and World Bank to address the socio-environmental debt owed to the global South.
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Document type: Statement