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PROPOSED SOUTH WESTERN KAROO BASIN GAS EXPLORATION PROJECT – PETROLEUM AGENCY OF SOUTH AFRICA REFERENCE NUMBERS: 12/3/219, 12/3/220, 12/3/221: REQUEST FOR AN EXTENSION OF TIMEFRAMES AND FEEDBACK FROM COMMUNITY WORKSHOP SERIES
The Centre for Environmental Rights (CER) submitted a report to the Petroleum Agency of South Africa (PASA) following a series of community workshops in the Karoo. The CER argues that public participation by Shell's consultants, Golder Associates, was insufficient, as only 14% of workshop attendees had participated in those meetings. The document details widespread community concerns regarding water contamination, food security, and health, while noting a regional divide where some Eastern Karoo residents welcome potential economic benefits. The CER recommends additional consultation and the creation of simplified information brochures to ensure disadvantaged communities can exercise their constitutional rights.
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Document type: Statement
Comments on the Second Project Design Document and Application for Validation after Rejection of Registration by CDM Executive Board GHG Emission Reductions through grid connected high efficiency power generation, Coastal Gujarat Power Ltd., India
CIEL opposes the validation of the Coastal Gujarat Power Ltd. project, citing a failure to properly record local stakeholder concerns in the Project Design Document (PDD) and alleging that the project's use of a once-through sea water cooling system violates Indian environmental law and harms marine ecology.
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Document type: Statement
Mining rights versus community rights
The case study details the struggle of the Amadiba Crisis Committee to challenge mining rights granted to Transworld Energy and Mineral Resources. It highlights failures in community consultation, the absence of adequate environmental assessments, and the tension between a government-backed mining strategy and a community-preferred ecotourism model. The text also critiques the use of a Black Economic Empowerment (BEE) partner, XolCo, which the community claims is not representative.
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Document type: Case study
Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12
The brief, submitted by member organizations of La Mesa Nacional Frente a la Minería Metálica de El Salvador, contends that Pac Rim's claims do not constitute a 'legal dispute' or a 'measure' under the ICSID Convention and CAFTA. It argues that the conflict is a political disagreement over metals mining policy driven by organic community opposition, rather than a legal dispute with the state. The brief further alleges that Pac Rim abused the legal process by strategically reincorporating in the United States to gain CAFTA benefits and seeks to use international arbitration to bypass domestic democratic processes and community resistance.
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Document type: Legal commentary
Minister Molewa’s Budget Speech 2012 for DEA: Job creation, biodiversity management, climate change and integrated permitting
The 2011 budget speech for the Department of Environmental Affairs details South Africa's commitment to reducing carbon emissions by 34% by 2020 and 42% by 2025. It highlights the transition to a green economy, the integration of 'working for' employment programmes to provide 5 million person-days of work in 2011/12, and the fight against rhino poaching. The speech also announces the upcoming National Biodiversity Assessment report and the commissioning of the SA Agulhas II research vessel.
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Document type: Statement
PROPOSED AMENDMENT TO THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002: SUBMISSIONS BY 13 NON-‐GOVERNMENT ORGANISATIONS REGARDING ENVIRONMENTAL REGULATION OF PROSPECTING, RECONNAISSANCE, EXPLORATION AND MINING
A coalition of 13 NGOs argues that the Mineral and Petroleum Resources Development Act (MPRDA) provides an inferior environmental regulatory regime compared to the National Environmental Management Act (NEMA). They call for the integration of mining under NEMA to ensure comprehensive environmental impact assessments, better public participation, and higher penalties for non-compliance. The submission also requests specific safeguards for environmentally sensitive areas and improved public access to mining application documents.
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Document type: Statement
Sustainable public procurement assessment in Vietnam: A reference to the timber industry
The report evaluates the institutional and legal framework for sustainable public procurement (SPP) in Vietnam, identifying the timber industry as a viable starting point. While Vietnam has high-level political commitment and existing environmental laws, the report highlights significant gaps in enforcement, inter-ministerial coordination, and specific guidelines for sustainable alternatives.
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Document type: Report
REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY
The Centre for Environmental Rights (CER) and 12 other organisations are urging the South African Minister of Mineral Resources to exercise discretion under section 49 of the Minerals and Petroleum Resources Development Act (MPRDA) to create 'no-go areas' for mining based on environmental sensitivity. The CER rejects claims by the Chamber of Mines that existing laws—such as the Protected Areas Act, the Biodiversity Act, and Environmental Impact Assessments (EIAs)—provide sufficient protection, noting that rights have been granted illegally in protected areas and that the Biodiversity Act often only triggers an EIA without providing further legal protection. The CER asserts that a section 49 declaration is the only way to prevent wasted costs for the state and industry by refusing applications in sensitive areas from the outset, citing the Minister's intention to declare the Chrissiesmeer Biodiversity Site as a precedent.
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Document type: Statement
APPLICATION FOR PERMISSION TO PROCEED AS AMICI CURIAE
The Center for International Environmental Law, on behalf of La Mesa, requests amicus curiae status in the Pac Rim v. El Salvador case. They argue that the dispute is a political disagreement over sustainable development and public policy rather than a legal dispute over a specific government measure. The document highlights severe environmental risks associated with the proposed El Dorado mine, including threats to the Rio Lempa basin and local aquifers, and alleges that Pac Rim's activities have contributed to community violence and the murder of environmental defenders. Legally, the amici contend that Pac Rim's last-minute corporate reorganization to gain CAFTA benefits is an abuse of process and that the tribunal lacks jurisdiction under the ICSID Convention and CAFTA.
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Document type: Legal commentary
SOLICITUD DE PERMISO PARA PROCEDER COMO AMICI CURIAE
The document is a request and supporting brief from a coalition of Salvadoran civil society organizations (La Mesa) seeking to intervene in the Pac Rim Cayman LLC v. Republic of El Salvador arbitration. The authors argue that the claim is an abuse of process and that the tribunal lacks jurisdiction because the conflict is fundamentally a political debate about metal mining and sustainable development, not a legal dispute over a specific government measure. They highlight severe environmental risks associated with the El Dorado mine, including threats to the Lempa River basin and local aquifers, and document a pattern of violence and intimidation against anti-mining activists in El Salvador.
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Document type: Legal commentary
REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY
The document argues that protecting critical biodiversity and hydrological areas from mining is in the national interest and essential for climate change mitigation and adaptation. It proposes a list of areas for total prohibition and a set of procedural restrictions for other sensitive zones to improve decision-making and environmental oversight.
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Document type: Statement
NATURA HINDAMISE PRAKTIKAST JA KVALITEEDIST 2010
The report finds that Natura 2000 impact assessments in Estonia are generally of poor quality, with most EIA reports failing to meet EU requirements. A survey of experts reveals significant gaps in available baseline data, particularly regarding the 'favourable conservation status' of species and habitats, and a lack of specialized ecological expertise among licensed EIA practitioners.
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Document type: Report
Sustainable Public Procurement Preparedness Assessment in Vietnam
The report evaluates Vietnam's readiness for Sustainable Public Procurement (SPP), finding that while political will and a general legal framework for sustainable development exist, significant hurdles remain, including a lack of specific guidelines, limited human resource capacity, and higher initial costs for green products. It highlights the timber industry as a viable entry point for SPP due to existing export-driven certifications and government priorities. The document recommends strengthening inter-ministerial cooperation, developing eco-labels, and utilizing the Trust Fund for Forests for early pilot projects.
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Document type: Report
Double standard: Shell Practices in Nigeria Compared with International Standards to Prevent and Control Pipeline Oil Spills and the Deepwater Horizon Oil Spill
The report concludes that Shell Nigeria operates well below international 'good oil field practice' and is out of compliance with Nigerian law. It highlights a 'double standard' where Shell applies lower environmental and safety standards in Nigeria than in industrialized nations, resulting in chronic pollution in the Niger Delta. Key failures include delayed asset integrity reviews, inadequate leak detection, and poor spill response, while the Nigerian government's lack of oversight and its role as a joint venture partner further exacerbate the situation.
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Document type: Report
SITUACIÓN DE DEFENSORES Y DEFENSORAS DEL MEDIO AMBIENTE EN MESOAMÉRICA
The briefing details a systemic pattern of violence, criminalization, and state neglect targeting environmental defenders in Mesoamerica, specifically those opposing mining projects. Testimonies from Mexico, Guatemala, Honduras, El Salvador, and Panama highlight a recurring cycle where high metal prices and trade agreements drive mining expansion, while weak regulatory frameworks and state complicity lead to the murder, disappearance, and harassment of activists. The document argues that states often fail to investigate crimes or protect defenders, instead using the legal system to criminalize protest and ignore the right to free, prior, and informed consent of affected communities.
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Document type: Briefing
ENVIRONMENTAL DEFENDERS IN DANGER: THE SITUATION IN MEXICO AND CENTRAL AMERICA IN THE CONTEXT OF INDUSTRIAL MINING
The report documents a regional trend of violence against environmental defenders in Mexico and Central America linked to industrial mining. It argues that this violence stems from state failure to manage environmental impacts and a lack of protection for defenders, often exacerbated by the influence of foreign mining companies from Canada and the United States. Through case studies in Mexico, Guatemala, Honduras, El Salvador, and Panama, the document details threats, kidnappings, and assassinations, while recommending stronger institutional protections, the implementation of free, prior, and informed consent, and greater accountability for home states of foreign corporations.
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Document type: Report
Offshore Wind Energy
The document examines the technology and global status of offshore wind energy, noting that while Europe leads in operational capacity, the United States has significant untapped potential. It details the technical requirements for different water depths, the regulatory frameworks in countries like Denmark, and the specific siting and permitting complexities in the U.S. The text also addresses public concerns regarding tourism, wildlife, and military radar, while highlighting the economic benefits in terms of job creation and greenhouse gas reduction.
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Document type: Fact sheet
Palm Oil Strategy Review Comments
The document critiques the World Bank Group's draft palm oil strategy, highlighting systemic failures in protecting indigenous land rights and biodiversity. It specifically warns against a 'loophole' regarding Financial Intermediaries (FIs) and Advisory Services, which the authors claim could be used to bypass environmental and social safeguards. The authors argue that investment should only occur after a strict sequencing of policy and regulatory capacity building, and they call for the continuation of the sector-wide moratorium on palm oil lending until these issues are resolved.
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Document type: Statement
CCS in China: Toward an Environmental, Health, and Safety Regulatory Framework
The document argues that while China has political support and some adaptable laws for CCS, it lacks a comprehensive regulatory framework for geologic storage. It proposes eight key criteria for such a framework, including site-specific data for selection, adaptive monitoring plans, and clear post-closure stewardship. The brief highlights the role of various Chinese ministries and suggests a pilot regulatory approach to manage technical uncertainties.
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Document type: Policy brief
EIAS IN PRACTICE: POTENTIAL LESSONS FOR HUMAN RIGHTS IMPACT ASSESSMENT
The document analyzes the 40-year history of Environmental Impact Assessment (EIA), identifying its strengths in promoting public engagement and its failures in baseline data quality and mitigation enforcement. It argues that Human Rights Impact Assessment (HRIA) can avoid these pitfalls by adopting specific procedural improvements, such as earlier implementation, broader definitions of affected parties, and external monitoring of mitigation measures.
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Document type: Briefing