Search Climate Insights Directory
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Research Areas for Climate Litigation 2024 Report
The Union of Concerned Scientists interviewed 19 legal experts to identify critical research gaps in climate litigation. The report categorizes these into three priority areas—attribution science, human health, and economic modeling—and five strategic areas, including greenwashing and emissions accounting. A central cross-cutting theme is the need for research on losses and damages. The authors emphasize that while IPCC reports provide a foundation, litigation requires more granular, geographically specific data and better communication between scientists and legal teams to overcome barriers such as differing timelines and data gaps in the Global South.
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Document type: Report
TEEPSA ONTTREK
The Green Connection (TGC) and Natural Justice (NJ) are seeking a judicial review in the Western Cape High Court to set aside the environmental authorisation granted to TotalEnergies EP South Africa Block 567 (Total) for exploration drilling between Cape Town and Cape Agulhas. The legal challenge is based on six grounds, including the failure to assess socio-economic impacts on small-scale fisheries, the omission of climate change impacts from gas combustion, and the lack of consideration for transboundary effects on Namibia. In July 2024, Total announced its decision to withdraw from Block 567, where it held a 40% commercial interest. Following this, Total applied to the court to join Shell as a party to the proceedings, a move opposed by TGC and NJ on the grounds that the case concerns the environmental authorisation granted to Total, not the exploration right itself.
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Document type: Fact sheet
THE JOINDER APPLICATION
The Green Connection (TGC) and Natural Justice (NJ) have filed for judicial review in the Western Cape High Court to overturn the environmental authorisation granted to Total Energies EP South Africa Block 567 (Pty) Ltd for offshore drilling. The challenge is based on six grounds, including failures to assess socio-economic impacts on small-scale fishers, climate change impacts from gas burning, and transboundary risks to Namibia. Following Total's July 2024 announcement of its withdrawal from block 567, the company filed a joinder application to include Shell as a party in the case, which TGC and NJ oppose on the grounds that the exploration right has lapsed and the challenge concerns the authorisation granted to Total, not the exploration right itself.
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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
The memorandum examines the ITLOS advisory opinion, which establishes that anthropogenic greenhouse gas (GHG) emissions constitute marine pollution under UNCLOS. It highlights the 'stringent' due diligence required of States to protect the marine environment, the role of the best available science (specifically IPCC reports), and the principle that the Paris Agreement does not supersede UNCLOS obligations. The document also discusses the necessity of environmental impact assessments that account for cumulative and socio-economic impacts, and cautions against marine geoengineering that might transform pollution types.
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Document type: Briefing
Deep Trouble
The report argues that offshore carbon capture and storage (CCS) is an ineffective and risky strategy that prolongs fossil fuel dependence. It highlights that proposed 'hubs' in the Gulf of Mexico and North Sea face significant technical challenges, such as pressure management and leakage from legacy wells, while relying heavily on public subsidies. The document concludes that CCS often covers for expanded fossil fuel production and calls for a halt to these projects to protect marine ecosystems and accelerate a just energy transition.
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Document type: Report
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
The memorandum examines the ITLOS advisory opinion, which establishes that anthropogenic greenhouse gas (GHG) emissions constitute marine pollution under UNCLOS. It highlights the 'stringent' due diligence required of States to protect the marine environment, the role of the best available science (IPCC), and the principle that the Paris Agreement does not supersede UNCLOS obligations. The document further discusses the necessity of environmental impact assessments that account for cumulative and socio-economic impacts, and cautions against the use of marine geoengineering if it transforms pollution types.
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Document type: Legal commentary
Qu’est-ce qui rend les minéraux et les métaux « critiques » ?
The document outlines a methodology for governments to identify 'critical' or 'strategic' minerals based on technical, economic, and geopolitical risks. It emphasizes that criticality is dynamic and varies depending on whether a country is a producer or a consumer. The guide proposes a four-step process: understanding criticality, conducting a risk inventory and mapping, making strategic decisions, and performing regular reviews. It provides detailed indicators across geological, economic, social, environmental, and geopolitical dimensions to help countries maximize the benefits of the energy and digital transitions.
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Document type: Guide
Bhutan for Life Environmental and Social Management Plan for National Centre for Hydrology and Meteorology
The document outlines an ESMP for the National Centre for Hydrology and Meteorology (NCHM) under the Bhutan for Life (BFL) project. It focuses on the construction of a Cryosphere Monitoring and Research Base Camp at Thanaphu and the installation of three Automatic Weather Stations (AWS) in high-altitude regions. The plan identifies minor risks related to waste, dust, and occupational health and safety, providing specific mitigation strategies and monitoring schedules to ensure compliance with both Royal Government of Bhutan laws and WWF's Social Safeguards Integrated Policies and Procedures.
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Document type: Report
Are Balkan Countries Safeguarding Their Rivers?
The report evaluates the alignment of national laws in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia with EU environmental standards. While some progress in transposition is noted, the analysis identifies systemic failures in enforcement, inadequate institutional capacity, and significant gaps in the implementation of the Water Framework, Nature, and Environmental Liability Directives, which hinder the protection of rivers from hydropower development.
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Document type: Executive summary
Are Balkan Countries Safeguarding Their Rivers?
The report evaluates the alignment of national laws in six Western Balkan countries with EU environmental directives (EIA, SEA, ELD, WFD, Habitats, and Birds). While some progress in transposition is noted, systemic failures persist, including a lack of secondary legislation, inadequate institutional capacity, and poor data quality in environmental reports. Key issues include the exclusion of small hydropower plants from screening in some countries, restricted access to justice for strategic assessments, and the failure to designate Natura 2000 sites. Montenegro is the only country with functioning environmental liability regulations.
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Document type: Report
Mineral Rights Allocation
The document outlines the categories and procedures for obtaining mineral rights in Ghana, while critiquing the current system for allowing mineral rights to be awarded before environmental impact assessments are conducted. It highlights a lack of precautionary environmental management, specifically regarding the timing of Environmental Management Plan submissions and the absence of mandatory parliamentary ratification for mining lease extensions.
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Document type: Briefing
Stakeholder Engagement and Grievance Mechanisms for Mineral Resources in Ghana
The document analyzes Ghana's mechanisms for stakeholder engagement in mining, including parliamentary ratification and public hearings, and evaluates dispute resolution options such as Alternative Dispute Resolution (ADR) and judicial recourse. It highlights critical gaps, such as the exclusion of environmental disputes from ADR and the lack of prosecutorial power for the Minerals Commission.
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Document type: Briefing
Mining in Forest Reserves - Spotlight on L.I. 2462
The briefing examines L.I. 2462, a 2022 regulation that allows mining in Ghana's forest reserves. It argues that the Environmental Protection Agency (EPA) lacks the constitutional mandate to manage natural resources, a role reserved for Natural Resource Commissions. The document further contends that L.I. 2462 lacks a proper legal foundation under the Environmental Protection Agency Act, 1994, and cannot supersede the protections of forest reserves established by Executive Instruments or Acts of Parliament. Additionally, it highlights weak sanctions, a lack of stakeholder consultation, and the absence of gender quotas as significant shortcomings.
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Document type: Briefing
España mantiene el liderazgo en energía solar, pero necesita acelerar el ritmo para cumplir los objetivos de renovables para 2030
Spain is a European leader in commercial-scale solar energy, with the highest operational capacity (29.5 GW) and a massive pipeline of projects. However, to meet its 2030 targets of 81 GW of solar and 62 GW of wind, the country must overcome permitting bottlenecks, low adoption of small-scale rooftop solar, and infrastructure limitations. While solar targets are achievable given the current pipeline, wind energy requires a significant acceleration in deployment rates.
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Document type: Briefing
Gouvernance de la gestion et de l'exploitation minière artisanale et à petite échelle (EMAPE) de l’or : tendances mondiales
The report examines the environmental and socio-economic impacts of artisanal and small-scale gold mining (ASGM) tailings, highlighting the widespread use of mercury and cyanide and the lack of formal governance frameworks. It argues for the creation of international and regional standards, the formalization of the ASGM sector, and the implementation of gender-sensitive policies to ensure sustainable tailings management and the potential recovery of critical minerals.
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Document type: Report
ASGM Tailings Management and Reprocessing Governance: Global trends
The report examines the environmental and health risks associated with ASGM tailings, which often contain mercury and cyanide. It finds that while large-scale mining (LSM) has robust standards, ASGM lacks specific international and regional tailings governance, relying on general mining codes that are often poorly enforced due to sector informality. The document recommends the creation of an international ASM-specific tailings standard, the implementation of strategic environmental assessments (SEAs), and the development of formalization schemes to improve waste management and recover critical minerals from tailings.
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Document type: Report
Guía metodológica para la incorporación de consideraciones de adaptación al cambio climático en el proceso de Evaluación de Impacto Ambiental de República Dominicana
The guide outlines how to incorporate climate adaptation into the four steps of the Dominican Republic's EIA process: request and registration, preliminary analysis, scope definition, and study review. It emphasizes reducing climate risk by addressing exposure, vulnerability, and resilience for both the project and its surrounding bio-physical and socio-economic environments. Key tools include a detailed model for descriptive memories, sector-specific adaptation examples, and a comprehensive checklist for verifying adaptation themes within Environmental Impact Studies (EsIA). The document advocates for Ecosystem-based Adaptation (EbA) and Community-based Adaptation (CbA) while warning against 'maladaptation'—measures that inadvertently increase climate risk or greenhouse gas emissions.
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Document type: Guide
Indigenous Peoples in the Renewable Energy Transition: Protest, Contestation, and the Potential of Improved Deliberation
The document argues that the global transition to renewable energy, specifically wind and solar, frequently results in 'green colonialism' where Indigenous rights to self-determination and free, prior, and informed consent (FPIC) are ignored. It documents human rights violations and land-grabbing in countries such as Kenya, Norway, Colombia, and Mexico, noting that Indigenous communities often respond through litigation, protest, and efforts to secure project ownership. The authors recommend the formal recognition of Indigenous rights, the strict application of FPIC, the implementation of Indigenous-led environmental impact assessments, and the promotion of Indigenous ownership to ensure a just transition.
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Document type: Policy brief
OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)
The Center for International Environmental Law (CIEL) asserts that the UNFCCC and Paris Agreement do not exhaustively define State obligations regarding climate change. Instead, States are bound by concurrent duties under customary international law (such as the prevention of transboundary harm), human rights law, and the law of State responsibility. CIEL argues that the cumulative emission of greenhouse gases, primarily from fossil fuels, constitutes an internationally wrongful act. Consequently, responsible States—particularly industrialized nations—must cease their destructive conduct and provide full reparation for material and moral injuries. The submission emphasizes that these obligations extend to future generations, grounded in the principle of intergenerational equity and the precautionary principle, which mandates prioritizing proven emission reductions over speculative technologies.
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Document type: Legal commentary
OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)
The document asserts that because fossil fuels are the primary driver of climate change, States' duties to prevent transboundary harm and protect human rights necessitate a rapid phase-out of oil, gas, and coal. It argues that due diligence requires States to conduct environmental impact assessments (EIAs) that include downstream 'Scope 3' emissions, regardless of where they occur. Furthermore, it contends that State actions increasing fossil fuel reliance are presumptively contrary to international law and that the precautionary principle obliges States to prioritize proven emission reductions over speculative technologies like carbon capture and storage.
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Document type: Legal commentary