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National Environmental Compliance & Enforcement Report 2013/14
The National Environmental Compliance & Enforcement Report 2013/14 details the activities of South Africa's Environmental Management Inspectorate (EMI). Key trends include a 12.26% increase in registered EMIs and a significant rise in reported environmental incidents. While industrial sectors like cement and refineries show improved performance due to proactive inspections, biodiversity crimes—particularly rhino poaching—remain a critical concern despite heavy court sentences. The report also highlights legislative updates, judicial precedents regarding the 'polluter pays' principle, and capacity-building initiatives for law enforcement and prosecutors.
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Document type: Report
DOMINICAN REPUBLIC: Assessment of implementation readiness
The assessment finds that the Dominican Republic has a medium level of preparedness in legal environment, financial benefit optimization, environmental management, and post-mining transition, but a low level of preparedness in socioeconomic benefit optimization and artisanal and small-scale mining (ASM). While environmental laws are comprehensive, the primary mining law (Law No. 146) is outdated, and there is a significant lack of transparency in revenue distribution and a need to formalize the ASM sector.
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Document type: Report
Apoyando la Implementación del Marco de Políticas Mineras en Estados Miembros del Foro Intergubernamental sobre Minería, Minerales, Metales y Desarrollo Sostenible
The evaluation finds that the Dominican Republic has a strong environmental management framework but suffers from an outdated primary mining law (Law No. 146 from 1971) and significant gaps in socio-economic benefit optimization and the formalization of artisanal and small-scale mining (ASM). While the government demonstrates political will and professional capacity, the report highlights a lack of transparency in the distribution of mining revenues to municipalities and insufficient integration of mining into national development strategies.
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Document type: Report
WRITTEN COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS
The Centre for Environmental Rights (CER) submitted written comments on the Draft Environmental Impact Assessment (EIA) Regulations published in August 2014. The CER argues that the proposed timeframes for assessments and decision-making are insufficient and potentially unconstitutional, and that the regulations fail to adequately address climate change impacts, the inefficiencies of the basic assessment process, and the need for clear guidance on biodiversity offsets to ensure 'no net loss' to the environment.
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Document type: Statement
Comments on the Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
This document consists of a formal submission by the Centre for Environmental Rights (CER) and an accompanying independent peer review by Carin Bosman Sustainable Solutions (CBSS). It critiques the Integrated Water Use Licence Application (IWULA) Report prepared by Jones and Wagner for KiPower's proposed 600 MW coal-fired power station in Mpumalanga, South Africa. The CER and CBSS conclude that the IWULA is 'Inadequate' due to significant procedural and substantive failures, including the absence of a practical Integrated Water and Waste Management Plan (IWWMP) Action Plan and a failure to adequately assess impacts on groundwater and other water users.
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Document type: Report
Mining and Biodiversity: Evaluating EAP standards in the sector
The study assesses 62 mining applications in Mpumalanga and KwaZulu-Natal to determine if EAPs are following the six core principles of the Mining and Biodiversity Guidelines (MBG). It finds significant gaps in adherence, particularly regarding the use of biodiversity information and best practice environmental impact assessments. The report highlights a performance gap between larger and smaller EAP consultancies and argues for the urgent formal registration and regulation of EAPs under a professional body like EAPASA to ensure sustainable development and protect water and food security in South Africa's grasslands.
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Document type: Report
SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE
The document provides legal commentary on the dispute between Pac Rim Cayman LLC and the Republic of El Salvador, asserting that the state's regulatory framework for mining is a necessary tool to prevent human rights infringements and environmental damage. It emphasizes that the 'public interest' must be defined through environmental democracy and access rights, as outlined in Principle 10 of the Rio Declaration. The brief further details the social conflict and violence, including murders of environmental defenders, resulting from Pac Rim's activities in the Cabañas department.
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Document type: Legal commentary
PRESENTACION ESCRITO AMICUS CURIAE RELATIVO AL FONDO DE LA DIFERENCIA
The document is a legal submission to the ICSID tribunal in the case of Pac Rim Cayman LLC v. Republic of El Salvador. It argues that the state's refusal to grant a mining concession is a legitimate exercise of its duty to protect human rights and the environment, particularly in a region with high population density and water scarcity. The brief emphasizes that environmental impact assessments and community consultations are essential legal requirements, not mere formalities, and that the 'public interest' must be defined through environmental democracy and the rights of access to information and participation. Furthermore, it documents a pattern of violence and attacks against environmental defenders in the Cabañas Department, which it links to the social conflict generated by Pac Rim's presence.
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Document type: Legal commentary
GOVERNMENT SUPPORT TO UPSTREAM OIL & GAS IN RUSSIA
The report analyzes government subsidies for the Yamal LNG and Prirazlomnoe projects in the Russian Arctic. It finds that Yamal LNG would be uneconomic without state-funded infrastructure and tax breaks, while Prirazlomnoe received substantial tax breaks after most capital expenditures were already sunk, effectively acting as a rent transfer to Gazprom. Both projects are associated with significant environmental risks, including salinity changes in the Bay of Ob and potential oil spills in the Pechora Sea.
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Document type: Report
Comunidades de San José del Golfo y San Pedro Ayampuc en Resistencia Pacífica “La Puya”
The statement reports that approximately 500 police officers used excessive force, including tear gas, to clear a protest camp at the "Progreso VII derivada" mine, resulting in over 25 injuries. It accuses the Guatemalan government and the Ministry of Environment of corruption and fraud in approving the mining project and calls for the cancellation of the mining license to protect water, health, and the environment.
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Document type: Statement
Emerging Insights into Governance and Sustainable Management of Africa’s Natural Ecosystems
The document argues that African countries must integrate an ecosystem-based approach into economic planning to protect natural assets from pressures like population growth and extractive industries. It advocates for the use of ecological accounting and natural asset pricing to quantify the economic value of ecosystems, which often exceeds the value of their conversion for mining or farming. The brief recommends a multi-level governance system—combining national interdisciplinary coordination with local community co-management—and the adoption of innovative financing like Payment for Ecosystem Services (PES) and Blue Carbon frameworks. It emphasizes the need for rigorous environmental impact assessments (EIAs) and scientific spatial mapping to guide conservation priorities and regulate development in sensitive areas.
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Document type: Policy brief
Seabed Mining: Lessons from the Namibian Experience
The document discusses the environmental and governance challenges of seabed mining, specifically analyzing how opposition from the fishing industry and environmental groups led to a moratorium on phosphate mining in Namibia. It outlines the international legal framework provided by UNCLOS and the International Seabed Authority, while recommending that African states strengthen their national ocean governance and environmental impact assessment capacities.
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Document type: Policy brief
IISD Input to the LPI E-Consultation: Guiding Principles on large-scale land-based investments in Africa
The IISD provides a series of technical recommendations to strengthen the Land Policy Initiative's guiding principles for large-scale land-based investments in Africa. Key suggestions include requiring independent third-party verification of financial feasibility studies, integrating social and environmental impact assessments into risk management plans, and prioritizing domestic courts over international arbitration for dispute resolution. The IISD also emphasizes the need for comprehensive legislation covering water management, labor laws, and tax incentives, alongside clearer definitions of the rights and obligations of states, investors, and local communities.
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Document type: Statement
The Water-Energy-Food Nexus and Agricultural Investment: A sustainable development guidebook
The guidebook introduces a systems-based approach to the Water-Energy-Food (WEF) nexus, arguing that agricultural investments are most sustainable when they protect underlying environmental determinants and social capital. It proposes a four-stage operational process: assessing the current WEF security system, envisioning future landscape scenarios, developing a specific investment strategy, and transforming the system through implementation and adaptive management. The framework emphasizes the use of watershed-scale analysis, stakeholder engagement, and quantitative modeling to identify synergies and trade-offs, ensuring that investments do not harm tenure rights or ecosystem services.
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Document type: Guide
Improving the Quality, Capacity and Compliance of Environmental Licensing Processes in Mozambique: The Case of the Oil and Gas Industry
The paper identifies critical gaps in Mozambique's environmental licensing for the oil and gas sector, specifically regarding the quality of Environmental Impact Assessments (EIAs), compliance with Environmental Management Plans (EMPs), and post-licensing transparency. It attributes these failures to the limited technical capacity of the Ministry for the Co-ordination of Environmental Affairs (MICOA). To address this without new legislation, the author proposes implementing peer review systems for assessments, establishing Expert Technical Councils (ETCs) for implementation oversight, and adopting biodiversity offsets to achieve no net loss of biodiversity. The author argues that these improvements would benefit the state, local communities, and companies by reducing social conflict and aligning with international financial standards like the Equator Principles.
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Document type: Research paper
Changing Corporate Behaviour
The report examines the five-year campaign by the Save Mapungubwe Coalition to protect the Mapungubwe World Heritage Site from the Vele Colliery project operated by Coal of Africa (CoAL). It analyzes three primary engagement strategies: strategic litigation to challenge mining licenses, bilateral negotiations to establish best-practice environmental standards, and multilateral participation in the Vele Colliery Environmental Management Committee (EMC). The document concludes that while litigation and negotiations have limitations, they provide essential leverage, and that inclusive multi-stakeholder governance via EMCs can effectively monitor corporate compliance. It also highlights the correlation between CoAL's non-compliance with environmental laws and the decline of its JSE share price.
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Document type: Case study
MINIMUM REQUIREMENTS FOR THE REGULATION OF ENVIRONMENTAL IMPACTS OF HYDRAULIC FRACTURING IN SOUTH AFRICA
The Centre for Environmental Rights (CER) argues that current proposed fracking regulations in South Africa are inadequate because they rely on industry standards and are housed under the Mineral and Petroleum Resources Development Act (MPRDA) rather than comprehensive environmental laws. The document advocates for a regulatory regime based on the Constitution and the National Environmental Management Act (NEMA), calling for a specialised inter-departmental unit to oversee authorisations and enforcement. Key recommendations include mandatory baseline environmental measurements, public disclosure of fracking fluid chemicals, a prohibition on using potable water, and the implementation of 'green completions' to eliminate gas venting and flaring. The CER emphasizes that fracking should only be permitted if it can be proven to contribute to sustainable development without causing irreparable harm to water resources or disadvantaged communities.
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Document type: Statement
IISD Input to the CFS-RAI E-Consultation
The IISD provides detailed feedback on the CFS-RAI zero draft, arguing for a broader definition of agricultural producers to include non-food crops, strengthening environmental and water efficiency standards, and prioritizing domestic judicial mechanisms over international arbitration for dispute settlement. It emphasizes the need for binding management plans following impact assessments and the integration of these voluntary principles into national policies and regional frameworks like the Comprehensive African Agriculture Development Programme (CAADP).
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Document type: Statement
Expert Geologist Report
The report, authored by Dr. H.C. Clark, argues that the proposed natural gas storage in Gallery 2 is unsafe due to significant geological instabilities, including a history of massive roof collapses and the presence of major fault systems. Dr. Clark contends that the Federal Energy Regulatory Commission (FERC) and Arlington Storage Company have ignored critical historical data and failed to provide adequate geomechanical modeling or monitoring plans to address these site-specific risks.
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Document type: Report
The financial crisis heralds the need for a deep ecological transition
The author contends that EU member states are responding to the financial crisis with austerity and environmental deregulation, which risks creating a deeper long-term environmental crisis. Using Greece as a primary example, the text highlights the collapse of protected areas and a shift toward 'dirty' projects like hydrocarbon exploration. It advocates for a new development paradigm that integrates sustainable development targets into economic adjustment programmes to ensure a transition toward a low-carbon, socially equitable economy.
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Document type: Statement