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APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2) (b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543 IN GG 33306
This Answering Statement, filed by groundWork through the Centre for Environmental Rights, challenges the environmental authorisation granted to Kuyasa Mining (Pty) Ltd for a 600 MW coal-fired power plant near Delmas, Mpumalanga. The Appellant argues that the Environmental Assessment Practitioner (EAP) lacked independence, the project's location in a Highveld Priority Area hotspot will exacerbate air pollution, and the environmental impact assessment failed to adequately address climate change and water scarcity.
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Document type: Statement
Offshore Wind
The document provides a comprehensive overview of offshore wind energy as of early 2016, contrasting the advanced capacity in Europe with the nascent industry in the United States. It details the technical advantages of offshore wind over onshore wind, such as stronger and more consistent winds and proximity to coastal population centers. The text outlines U.S. government initiatives, including Department of Energy funding and Bureau of Ocean Energy Management leasing, while highlighting the United Kingdom, Germany, and Denmark as global leaders. It also discusses the economic impact of the sector, specifically the 'additional employment effect' in European ports and shipyards.
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Document type: Fact sheet
农田和水资源投资合同谈判指南
The guide outlines a framework for negotiating farmland and water investment contracts, emphasizing the primacy of domestic law over contracts and international treaties. It provides a comprehensive preparation checklist and a model contract containing clauses on land rights, environmental and social impact assessments, financial obligations, and community development agreements. The document warns against 'stabilization clauses' and advocates for transparency and rigorous investor screening to mitigate the high failure rate of large-scale agricultural projects.
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Document type: Guide
Sustainability Impacts of Chinese Outward Direct Investment: A review of the literature
The report analyzes 384 sources in English, Chinese, and Spanish to assess the sustainability impacts of Chinese outward direct investment. It identifies a tension between the positive contributions to infrastructure and economic growth and the negative impacts related to labor conditions, environmental degradation, and governance. The review highlights a 'learning curve' where Chinese firms and policymakers are increasingly adopting corporate social responsibility (CSR) and international standards, though a gap remains between policy and project-level implementation.
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Document type: Report
National Environmental Compliance and Enforcement Report 2015/16
The National Environmental Compliance and Enforcement Report 2015/16 details the activities of South Africa's Environmental Management Inspectorate (EMI). It records a total of 2,647 EMIs, with a significant increase in proactive inspections and a rise in administrative notices. The report highlights enforcement trends in 'brown' (pollution/waste), 'green' (biodiversity), and 'blue' (marine/freshwater) sectors, noting a stabilization in rhino poaching numbers. It also documents specific legal cases, legislative updates, and capacity-building efforts for inspectors and prosecutors.
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Document type: Report
”Då är det inte renskötsel” - Konsekvenser av en gruvetablering i Laver, Älvsbyn, för Semisjaur Njarg sameby
The report argues that the proposed Laver mine would effectively make traditional Sami reindeer herding impossible in the area by destroying critical winter grazing lands. Through scenario analysis, the authors demonstrate that the mine would force herders into either unsustainable 'reindeer farming' via supplementary feeding or the total abandonment of the area, both of which threaten the intergenerational transfer of traditional knowledge and the survival of the Pite Sami language. The document also highlights a systemic failure in Swedish mining permit processes, which often ignore cumulative impacts and indigenous rights in favor of a presumed 'coexistence' between mining and herding.
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Document type: Report
Major Constraints of the Environmental Impact Assessment Process in Botswana
The document identifies critical weaknesses in Botswana's Environmental Impact Assessment (EA) framework, specifically the lack of independence of the Department of Environmental Affairs (DEA), severe human resource shortages, and the financial instability of the Botswana Environmental Impact Assessment Practitioners Association (BEAPA). It highlights how ministerial exemptions and security agency carve-outs can compromise environmental protection, citing the Pilikwe radioactive waste facility as a case of insufficient public consultation. To address these, the author recommends developing operational guidelines for exemptions, recruiting more technical staff, and diversifying BEAPA's revenue streams.
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Document type: Policy brief
THE CLEAN AIR HANDBOOK
The handbook explains the legal framework of the EU Air Quality Directive, emphasizing the enforceability of 'limit values' for pollutants like NO2 and PM10. It details how citizens and NGOs can use the Aarhus Convention's pillars—access to information, public participation, and access to justice—to challenge inadequate air quality plans and government inaction in national courts. The document also outlines the European Commission's infringement procedures and the 'Fresh Approach' to tackling systemic breaches of air quality standards across Member States.
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Document type: Guide
Progress on the New York Declaration on Forests Technical Annexes
The document identifies infrastructure, human settlements, and mining as the primary non-agricultural drivers of deforestation, while logging is the main driver of forest degradation. Due to a lack of disaggregated global data, the report does not define quantitative indicators but instead reviews public policy interventions and private sector sustainability initiatives. Key public measures include import bans on illegal timber in the US, EU, and Australia, and the use of Environmental Impact Assessments (EIAs) and Strategic Environmental Assessments (SEAs) for infrastructure. Private sector efforts are highlighted through forest certification schemes like FSC and PEFC, though their global impact remains limited, and emerging responsible mining initiatives like IRMA and the Oro Verde Program in Colombia.
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Document type: Report
Government Gazette
The 'Environmental Impact Assessment Guideline for Renewable Energy Projects' outlines the regulatory framework and procedural requirements for deploying renewable energy technologies in South Africa. It details the environmental impacts of various technologies—including wind, solar, biomass, and hydropower—and maps these to the specific national legislation and authorisations required under the National Environmental Management Act (NEMA) and other sectoral laws. The guide provides a structured approach to the Basic Assessment (BA) and Scoping and Environmental Impact Reporting (S&EIR) processes, including timeframes, stakeholder roles, and mitigation strategies to ensure sustainable development.
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Document type: Guide
The Mining Policy Framework: Assessing the implementation readiness of member states of the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development
The report assesses three IGF member states—the Dominican Republic, Uganda, and Madagascar—against the six pillars of the Mining Policy Framework (MPF). While these countries show medium readiness in legal environments, financial benefit optimization, and environmental management, they exhibit low readiness in socioeconomic benefit optimization, mine closure, and artisanal and small-scale mining (ASM). A critical systemic barrier across all three nations is the lack of financial and human resources to enforce existing laws.
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Document type: Report
Investment Contracts for Agriculture Maximizing Gains and Minimizing Risks
This policy brief outlines how to use investment contracts to ensure large-scale agricultural projects in developing countries are sustainable and beneficial. It identifies five key positive outcomes—employment creation, integration of local farmers, expanded market opportunities, community development programs, and improved food security—and five primary downsides, including land loss, lack of community engagement, weak commercial viability, poor environmental/social management, and insufficient grievance mechanisms. The brief provides a framework for managing these factors across three stages: preparation, contract drafting, and monitoring and enforcement.
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Document type: Policy brief
Proposed Oakland Coal Export Terminal
Earthjustice, representing several environmental and community groups, opposes the proposed Oakland Bulk and Oversized Terminal's (OBOT) plan to export coal. The letter contends that coal shipment was never part of the original environmental reviews or development agreements, poses severe health risks through coal dust emissions, and lacks sufficient regulatory protections. It argues that the City of Oakland has the legal authority to prohibit coal exports to protect public health and safety without hindering the broader economic development of the former Army Base.
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Document type: Statement
WEFsat-Mining Tool User Guidance Manual
The WEFsat-Mining Tool User Guidance Manual describes a methodology for assessing how mining affects the water-energy-food nexus. It guides users through a four-step process: establishing a community WEF baseline, identifying mining-specific influences, determining mitigation and enhancement actions, and summarizing findings for decision-makers. The tool utilizes a framework focusing on availability, access, supporting infrastructure, and supporting policies.
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Document type: Guide
Water-Energy-Food Resource Book for Mining
The document introduces the WEF security concept to operationalize sustainable development in mining. It details a conceptual framework based on availability, access, supporting infrastructure, and supporting institutions/policies. The guide provides a review of existing sustainability indicators and introduces WEFsat-Mining, an Excel-based tool for stakeholders to assess current WEF status, identify mining influences, and determine mitigation or enhancement actions. It also outlines stakeholder engagement practices and a four-stage participatory scenario planning process for regional landscape investment.
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Document type: Guide
Fossil Fuels are Dead, Long Live Fossil Fuels
Botswana faces a critical need to diversify its economy due to expected declines in diamond revenues. The report evaluates the viability of exporting coal via the proposed Trans-Kalahari Railway (TKR) and extracting iron ore near the Okavango Delta. It concludes that raw coal exports are risky due to high infrastructure costs and a narrowing global demand window. Instead, it recommends using coal and iron ore for domestic beneficiation to create a regional steel industry in Selebi-Phikwe and prioritising eco-tourism as a sustainable primary revenue generator.
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Document type: Research paper
Request to support due implementation of CDM rules re #3237: Barro Blanco Hydroelectric Project
Civil society organizations are urging the CDM Executive Board to act against the Barro Blanco Hydroelectric Project in Panama. They cite the Panamanian government's temporary suspension of the project due to failures in reaching agreements with indigenous Ngöbe-Buglé communities and breaches of environmental impact assessments. The authors argue that the project's 2011 CDM registration ignored evidence that stakeholder consultation rules were not met and call for the Board to coordinate with financing banks and national authorities to ensure compliance with human rights and CDM standards.
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Document type: Statement
Bringing community perspectives to investor-state arbitration: the Pac Rim case
The document examines how La Mesa, a Salvadoran coalition, used amicus curiae submissions in the Pac Rim arbitration to bring community concerns regarding metals mining and sustainable development to an international tribunal. It highlights the importance of alliance building between local groups and international legal experts to navigate technical arbitration processes and argues that such interventions provide essential public interest context that disputing parties may omit.
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Document type: Research paper
Llevar las perspectivas de la comunidad al arbitraje entre inversionistas y Estados: el caso Pac Rim
The report examines how the Mesa Nacional Frente a la Minería Metálica de El Salvador (MNFM), supported by CIEL and FESPAD, used amicus curiae submissions in the Pac Rim investor-state arbitration to highlight environmental and human rights concerns. It details the legal requirements for such interventions, the strategic importance of technical legal expertise combined with community grounding, and the outcomes of the jurisdictional phase of the arbitration. The document concludes with lessons for other civil society organizations on navigating the technical nature of international investment law to protect public interest and democratic decision-making.
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Document type: Report
The legal framework for forest conversion in the Republic of Congo
The report analyzes the legal processes for converting forests in the Republic of Congo into agricultural or mining land. It highlights a critical lack of a national land-use plan, which leads to overlapping land use and insecurity. The document details the requirements for declassifying permanent forest estates and obtaining deforestation permits, while arguing that the rights of local communities and indigenous people (LCIP) are insufficiently protected. It also notes that the Voluntary Partnership Agreement (VPA) does not adequately cover the legality of conversion timber.
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Document type: Report