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nick-helme-supporting-expert-affidavit-6b249e74aed5fed0.pdf
This document is a supporting expert affidavit and accompanying specialist botanical input statement by Nicholas Helme, a botanical consultant, submitted in a legal matter involving the Centre for Environmental Rights (CER) and several respondents, including the South African Minister of Environment, Forestry and Fisheries. Helme argues that the environmental impact assessments for the MSR Tormin mining extension were flawed due to inadequate botanical surveys, leading to an understatement of the area's botanical sensitivity and a failure to apply the precautionary principle.
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Document type: Statement
part-2-of-atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-4e2322ae8658724c.pdf
This document is a replying submission by Atha-Africa, submitted on 12 April 2019, responding to an administrative appeal against the approval of the Environmental Management Programme (EMP) for the Yzermyn Project. The submission disputes the findings of a September 2013 NSS Report and a subsequent 'Brownlie Review,' arguing that updated specialist studies by Delta-H and Scientific Aquatic Services demonstrate that the project's environmental impacts—specifically regarding wetlands, groundwater, and biodiversity—are localized and can be effectively mitigated.
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Document type: Report
sp1-01dd4e198430009c.pdf
This report provides a wetland ecological assessment for Phase 1 of the proposed ATHA Yzermyn underground coal mine in Mpumalanga, South Africa. Conducted by Scientific Aquatic Services (SAS), the study evaluates the Present Ecological State (PES), Ecological Importance and Sensitivity (EIS), and potential impacts of mining activities on local wetland systems, including channelled valley bottoms and hillslope seeps.
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Document type: Report
supporting-affidavit-2-merle-sowman-8a4a8a06f57f4be6.pdf
This supporting expert affidavit, submitted by Associate Professor Merle Sowman, argues that the Environmental Impact Assessment (EIA) for the proposed extension of the Tormin Mine by Mineral Sands Resources (Pty) Ltd (MSR) failed to adequately assess cumulative environmental and socio-economic impacts. Sowman contends that assessing applications on an ad hoc basis ignores the broader scale of MSR's regional mining plans and calls for a Strategic Environmental Assessment (SEA) to prevent irreversible damage to critical biodiversity areas and sensitive coastal ecosystems.
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Document type: Statement
TROLLOPE MINING SERVICES - ELANDSKLOOF
This case study details a legal appeal by landowners of the farm Elandskloof against a coal prospecting right granted to Trollope Mining Services 2000 (Pty) Ltd. The document highlights systemic failures in the consultation process, the inadequacy of the Environmental Management Plan (EMP), and the failure of the Department of Minerals and Energy (DME) to ensure procedural and substantive compliance with the Mineral and Petroleum Resources Development Act (MPRDA).
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Document type: Case study
XSTRATA – VERKEERDEPAN EXTENSION
This case study examines the granting of a mining right and Environmental Management Programme (EMP) to Xstrata South Africa (Pty) Ltd for land in the Carolina magisterial district of Mpumalanga Province, highlighting failures in public consultation and the disregard for environmental sensitivities.
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Document type: Case study
zo-4-expert-affidavit-of-susan-brownlie-2ff2a99cdf3e9ad4.pdf
Expert affidavit by Susan Brownlie regarding the proposed expansion of the Tormin Mine by Mineral Sands Resources (Pty) Ltd. The document argues that the expansion poses significant, potentially irreversible risks to a Critical Biodiversity Area (CBA) and an important ecological corridor, asserting that proposed mitigation measures—specifically rehabilitation and 'search and rescue' of species—are inadequate and scientifically unsupported for the Namaqualand Strandveld vegetation type.
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Document type: Statement
zo-41-9f1d004e7669e639.pdf
This guide outlines the criteria and risk assessments for mining activities within high-importance biodiversity priority areas. It establishes a rigorous set of filters and a risk-averse approach to determine if mining is an optimal land use compared to the preservation of critical ecosystems and water resources.
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Document type: Guide
Assessing the Effects on Forests of Proposed Trade Liberalization in the Forest Product Sector
The Center for International Environmental Law (CIEL) submitted comments to the U.S. Trade Representative (USTR) and the Council on Environmental Quality (CEQ) arguing that proposed trade liberalization in the forest product sector could exacerbate forest degradation and loss. CIEL contends that the current U.S. environmental review process is inadequate and calls for the administration to halt negotiations until a comprehensive assessment, guided by the National Environmental Policy Act (NEPA), is completed. The document emphasizes that trade liberalization can intensify negative impacts if countries lack robust forest protection frameworks, and suggests that developed nations provide technical and financial assistance to developing ones to establish sustainable management systems.
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Document type: Statement
PRESENTACIÓN DE AMICUS CURIAE
This amicus curiae brief, submitted by AIDA, CIEL, and Earthjustice to the Supreme Court of Justice of Panama, argues that the approval of the Environmental Impact Assessment (EIA) for the Barro Blanco Hydroelectric Project violated international human rights and environmental standards. The brief contends that the State of Panama failed to conduct an adequate consultation process, failed to obtain the free, prior, and informed consent of the Ngäbe people, and approved an incomplete and improperly supervised EIA.
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Document type: Statement
COMMENTS TO THE IFC BAKU-TBLISI-CEYHAN PIPELINE PROJECT
The Center for International Environmental Law (CIEL) provides comments to the International Finance Corporation (IFC) regarding the Baku-Tbilisi-Ceyhan (BTC) Pipeline Project. The report argues that the project's legal framework undermines the rule of law in host countries, fails to adequately address climate change, and violates IFC policies regarding public consultation and compensation for affected populations, particularly in Turkey.
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Document type: Report
PUBLIC PARTICIPATION IN THE CLEAN DEVELOPMENT MECHANISM OF THE KYOTO PROTOCOL
This research paper analyzes the public participation and transparency frameworks of the Clean Development Mechanism (CDM) under the Kyoto Protocol. It identifies significant gaps in the 'Marrakech Accords' regarding how stakeholders are informed and involved in project development, noting that most information becomes public only after key decisions are made. The authors argue that the current rules lack standardized environmental impact assessment (EIA) requirements and provide no formal mechanism for stakeholders to seek redress or trigger project reviews, recommending the creation of a 'Good Practice Manual for Public Consultation and Disclosure' and a watchdog mechanism similar to those used by the World Bank Group.
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Document type: Research paper
concepts_principles_1993-92559c547e2b14c7.pdf
This research paper, authored by David Hunter, Julia Sommer, and Scott Vaughan, provides an introduction to the basic concepts and principles of international environmental law. It aims to assist policymakers in reconciling environmental protection with trade liberalization by detailing the legal frameworks surrounding sustainable development, the duty to cooperate, the duty to avoid environmental harm, and the duty to compensate for such harm.
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Document type: Research paper
FACT SHEET: Chile’s Alto Maipo Hydroelectric Project (PHAM)
The Alto Maipo Hydroelectric Project (PHAM) is a large-scale run-of-the-river project in Chile designed for a capacity of 531 MW. Despite its framing as a public good, it faces intense opposition from local communities and environmental organizations due to severe impacts on water resources, human rights concerns, and alleged violations of environmental and social standards by its financiers, including the IFC and IDB.
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Document type: Fact sheet
pangue_spanish_190503-31f1238b5225b35c.pdf
This evaluation report by the Office of the Compliance Advisor Ombudsman (CAO) examines a complaint regarding the Pangue hydroelectric project in Chile. The report analyzes the International Finance Corporation's (IFC) role as a minority shareholder and lender, focusing on social mitigation failures, lack of transparency, and the cumulative environmental impacts of the Pangue and Ralco dams.
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Document type: Report
susdev_ebrd_mar1991-02fd3360a1978e91.pdf
This 1991 draft working paper by the Center for International Environmental Law (CIEL) examines how the European Bank for Reconstruction and Development (EBRD) can operationalize its commitment to "environmentally sound and sustainable development." The authors argue that sustainable development requires a shift from short-term economic growth to a broader concept of development that values natural wealth, ensures intergenerational equity, and utilizes comprehensive environmental accounting and project appraisal mechanisms.
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Document type: Research paper
EIB fact sheet 4
This fact sheet by Friends of the Earth International critiques the environmental policies and practices of the European Investment Bank (EIB), arguing that there is a significant gap between the Bank's official rhetoric on sustainable development and its actual investment activities.
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Document type: Fact sheet
Renforcer le cadre juridique de l’évaluation d’impact environnemental et social (EIES) dans le secteur minier à Madagascar
This executive summary, published by the International Institute for Sustainable Development (IISD) in April 2023, evaluates the legal and policy framework for Environmental and Social Impact Assessments (ESIA) in Madagascar's mining sector. Based on the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) guidelines, the document identifies strengths in Madagascar's existing regulations and institutions while highlighting critical gaps regarding stability clauses, ministerial powers, permit sequencing, and public participation. It provides specific recommendations to align national laws with international best practices to ensure sustainable mining development.
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Document type: Executive summary
IGF Guidance for Governments: Improving legal frameworks for environmental and social impact assessment and management | Résumé exécutif
This executive summary describes a guidance document developed by the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) to help governments improve legal frameworks for Environmental and Social Impact Assessments (ESIA) and associated management plans in the large-scale mining sector.
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Document type: Executive summary
13.11.2018-public-meeting-notes-and-attendance-list-e643bcc64a7f4dac.pdf
Minutes from a public consultation meeting held on 13 November 2018 at Boji Primary School in Isiolo County, Kenya, regarding the proposed Lokichar to Lamu Crude Oil Pipeline (LLCOP) project. The meeting, conducted by Golder Associates and ESF Consultants, aimed to inform stakeholders about the project's scope, the Environmental and Social Impact Assessment (ESIA) process, and to gather community feedback.
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Document type: Report