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TEEPSA ONTTREK
This fact sheet describes a legal challenge brought by The Green Connection (TGC) and Natural Justice (NJ) against the environmental authorisation granted to Total Energies EP South Africa Block 567 (Pty) Ltd for oil and gas exploration off the coast of the Western Cape. It details the grounds for judicial review and reports Total's July 2024 announcement of its intention to withdraw from exploration block 567.
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Document type: Fact sheet
Legal Memorandum Advisory Opinion on Climate Change Delivered by the International Tribunal for the Law of the Sea: Relevance for the International Court of Justice Climate Advisory Proceedings
This legal memorandum by the Center for International Environmental Law (CIEL) analyzes the May 21, 2024, advisory opinion (AO) from the International Tribunal for the Law of the Sea (ITLOS) regarding States' obligations to protect oceans from climate change. The document details how the ITLOS AO defines anthropogenic greenhouse gas (GHG) emissions as marine pollution under the UN Convention on the Law of the Sea (UNCLOS) and discusses the implications of this ruling for ongoing climate advisory proceedings before the International Court of Justice (ICJ).
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Document type: Briefing
EXPERT REPORT CONCERNING GEOLOGIC AND HYDROGEOLOGIC ASPECTS OF TETRA4’S CLUSTER 2 VIRGINIA GAS PRODUCTION PROJECT, VIRGINIA, FREE STATE PROVINCE, SOUTH AFRICA
This expert report, prepared by geologist and hydrogeologist Steven K. Campbell for the Centre for Environmental Rights, critiques the Environmental Impact Assessment (EIA) for Tetra4 (Pty) Ltd’s proposed Cluster 2 gas production expansion near Virginia, Free State Province, South Africa. Campbell argues that the project's geologic and hydrogeologic frameworks are based on insufficient site-specific data, leading to unreliable groundwater flow models and flawed contamination simulations for methane and total dissolved solids (TDS). He concludes that the expansion should not be approved until critical data gaps are filled and a robust monitoring and remediation plan is established.
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Document type: Report
The Unwavering Faith of Bora Imani: Lessons from Environmental Injustices
This case study by Natural Justice examines the environmental and social impacts of quarrying activities by H-Young, an engineering company, in the Bora Imani community of Kilifi County, Kenya. It details how the project, intended for the tarmacking of the Malindi-Lamu road, led to the destruction of critical water sources, health crises due to lack of sanitation, and pollution, ultimately highlighting the failure of project-specific remedies and the need for robust decommissioning and climate-aware Environmental Impact Assessments.
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Document type: Case study
Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues
This executive summary evaluates the legal and policy framework for Environmental and Social Impact Assessments (ESIAs) in Madagascar's mining sector. While the framework is described as generally coherent and up-to-date, the document identifies critical gaps—including broad stabilization clauses and the potential for operating permits to precede environmental permits—and provides recommendations to align the system with international best practices from the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF).
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Document type: Executive summary
Environmental and Social Impact Assessments in Mining Legal Frameworks
This case study by the International Institute for Sustainable Development (IISD) examines Environmental and Social Impact Assessment (ESIA) legal frameworks in mining, focusing on California (USA), Kazakhstan, and Queensland (Australia). It identifies ten key components of a strong ESIA framework and analyzes how these three jurisdictions implement and improve their respective systems to meet sustainability goals.
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Document type: Case study
KARPOWERSHIP PROJECTS IN THE PORTS OF COEGA, SALDANHA AND RICHARDS BAY – CER DEFAMATORY STATEMENTS
A legal letter from Pinsent Masons Africa LLP, acting on behalf of Karpowership SA (Pty) Ltd, demanding that the Centre for Environmental Rights (CER) address allegedly defamatory and misleading statements published on December 6, 2022, regarding Karpowership projects in South Africa.
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Document type: Statement
Roadmap for Sustainable Infrastructure in the Amazon
The 'Roadmap for Sustainable Infrastructure in the Amazon' report by Climate Policy Initiative (CPI/PUC-Rio) proposes a framework to decouple land transport infrastructure from deforestation in the Amazon. The report identifies systemic failures in the decision-making process, the quality of socio-environmental studies, and transparency, offering twelve specific recommendations to improve project viability and reduce environmental risks.
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Document type: Report
FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA
This factsheet details legal challenges brought by community groups and environmental organizations against Shell and the South African government regarding seismic surveys for oil and gas exploration off the Wild Coast. The document outlines two primary court cases, the arguments regarding environmental and constitutional violations, and the potential legal precedents the litigation seeks to establish.
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Document type: Fact sheet
ENVIRONMENTAL IMPACT ASSESSMENT FOR THE PROPOSED METALLURGICAL CLUSTER OF THE MUSINA-MAKHADO SPECIAL ECONOMIC ZONE (LEDET ref: 12/1/9/2-V79; NEAS ref: LIM/EIA/0000793/2019)
The Centre for Environmental Rights (CER), representing several environmental and community organisations, has requested the urgent intervention of the Minister of Forestry, Fisheries and the Environment (DFFE) regarding the environmental authorisation of the Musina-Makhado Special Economic Zone (MMSEZ) project. The CER argues that the Limpopo Department of Economic Development, Environment and Tourism (LEDET) is not the lawful competent authority due to a conflict of interest and that the project's scale and transboundary implications require national-level oversight under the National Environmental Management Act (NEMA).
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Document type: Statement
Submission on the Amendments to National Environmental Management Act of 1998
Natural Justice (NJ) submitted a formal objection on 31 January 2022 to proposed amendments to the s24H Registration Authority Regulations, 2016 under the National Environmental Management Act (NEMA). NJ argues that requiring a registered Environmental Assessment Practitioner (EAP) to handle appeals and certain submissions would create prohibitive financial barriers for communities, effectively barring them from the appeals process and subsequent judicial review.
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Document type: Statement
China-driven hydropower: lessons from Ghana and Cambodia
This policy brief by the South African Institute of International Affairs compares the implementation of environmental, socioeconomic, and governance (ESG) standards in two Chinese-funded hydropower projects: the Bui Dam in Ghana and the Stung Tatay project in Cambodia. It examines China's domestic regulatory framework for hydropower and analyzes how local government capacity and transparency in the recipient countries influenced the success of ESG mitigation efforts.
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Document type: Policy brief
An Open Letter to The South African President Cyril Ramaphosa Minister Gwede Mantashe - Minister of Mineral Resources and Energy, and Minister Barbara Creecy - Minister of Forestry, Fisheries and the Environment Regarding seismic surveys off the South African coastline
An open letter from South African marine scientists and legal experts to President Cyril Ramaphosa and government ministers urging the halt of offshore seismic surveys due to environmental risks and legal deficiencies.
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Document type: Statement
NERSA ELECTRICITY GENERATION LICENCE APPLICATIONS FOR KARPOWERSHIP RICHARD’S BAY, NGQURA AND SALDANHA
The Centre for Environmental Rights (CER), acting on behalf of groundwork, wrote to the National Energy Regulator SA (NERSA) on 6 July 2021 to request a 90-day extension for commenting on electricity generation licence applications for three Karpowership gas power projects. The CER argues that the public participation process is flawed and that the projects' national significance warrants wider advertisement beyond local newspapers.
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Document type: Statement
Strengthening Environmental Studies for Federal Land Infrastructure Concessions
This policy brief by the Climate Policy Initiative (CPI/PUC-Rio) analyzes the socio-environmental components of feasibility and impact studies for federal highway and railroad concessions in the Legal Amazon. The researchers found significant gaps in the coverage of biotic environments, a lack of coordination between Technical, Economic and Environmental Feasibility Studies (EVTEA) and Environmental Assessment Studies (EIA), and a general failure to comply with both international guidelines and national sectoral manuals.
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Document type: Policy brief
FORTALECENDO OS ESTUDOS AMBIENTAIS DE CONCESSÕES FEDERAIS DE INFRAESTRUTURA TERRESTRE
This policy brief by the Climate Policy Initiative (CPI/PUC-Rio) analyzes the socio-environmental components of Technical, Economic, and Environmental Viability Studies (EVTEA) and Environmental Impact Studies (EIA) for federal land infrastructure concessions in the Brazilian Legal Amazon. The analysis reveals significant gaps in the inclusion of biotic components, a lack of correlation between EVTEA and EIA, and inconsistent adherence to sectoral manuals and Terms of Reference (TRs).
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Document type: Policy brief
ENVIRONMENTAL IMPACT ASSESSMENT FOR THE PROPOSED METALLURGICAL CLUSTER OF THE MUSINA-MAKHADO SPECIAL ECONOMIC ZONE
The Centre for Environmental Rights (CER), representing Earthlife Africa, groundWork, and the Mining and Environmental Justice Community Network of South Africa (MEJCON-SA), submitted a formal objection to the Department of Economic Development Environment and Tourism in Limpopo regarding the Environmental Impact Assessment (EIA) for the Musina-Makhado Special Economic Zone (MMSEZ) metallurgical cluster. The CER argues that the Final Environmental Impact Report (FEIR) contains fatal flaws, including insufficient public participation and missing critical data on water and energy, and asserts that the application should have been refused by the regulatory deadline of 19 May 2021.
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Document type: Statement
Information Disclosure & Grievance Mechanisms of the New Development Bank
This briefing paper, commissioned by Oxfam South Africa and authored by the Centre for Environmental Rights (CER), examines the information disclosure and grievance mechanisms of the New Development Bank (NDB), specifically focusing on its operations in South Africa. The document analyzes the NDB's reliance on 'country systems' for project implementation and the resulting challenges for public transparency and accountability.
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Document type: Briefing
Improving Public Contracting Processes of Socio-Environmental Studies for Brazil's Land Transportation Projects
This report by the Climate Policy Initiative (CPI) analyzes the public contracting processes for socio-environmental studies—specifically Technical, Economic, and Environmental Feasibility Studies (EVTEA) and Environmental Impact Assessments (EIA)—for federal land transportation projects in the Brazilian Amazon. The researchers identify significant gaps in transparency, budget allocation, and the timing of socio-environmental analyses within the project life cycle, providing recommendations to improve the robustness of infrastructure projects and their mitigation measures.
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Document type: Report
Melhorando o Processo de Contratação de Estudos Socioambientais em Projetos de Infraestrutura Terrestre
This report by the Climate Policy Initiative (CPI/PUC-Rio) analyzes the public procurement processes for socio-environmental studies—specifically Technical, Economic, and Environmental Viability Studies (EVTEA) and Environmental Impact Studies (EIA)—for land transport infrastructure projects in the Brazilian Amazon. The analysis identifies significant gaps in transparency, a lack of clear selection and evaluation criteria in bidding documents, and an imbalance in budget allocation that favors diagnostic data over impact assessment and mitigation. The authors recommend increasing transparency in bidding, specifying budget allocation for socio-environmental components, and introducing a 'pre-feasibility' phase to filter projects before they reach the environmental licensing stage.
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Document type: Report