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The report evaluates two proposed reforms to the Toxic Substances Control Act (TSCA) regarding their ability to enable U.S. ratification of three international chemicals treaties. It finds the Lautenberg bill more effective in providing the comprehensive prohibitions required for ratification, while the Rush-Waxman draft contains delays and gaps that could hinder compliance. Both bills are criticized for failing to provide sufficient authority for the EPA to lead internationally on the elimination of persistent, bioaccumulative, and toxic (PBT) chemicals beyond the minimum treaty requirements.

The document outlines the nature of EU directives under the Treaty on the Functioning of the European Union (TFEU), detailing the obligation of Member States to adopt national laws to achieve the results specified in directives. It describes three types of infringement procedures: non-communication, non-conformity, and bad application. It specifically highlights that since the Lisbon Treaty, the Commission can seek lump sum or penalty payments from the Court for non-communication cases.

The statement argues that the Toxic Substances Control Act (TSCA) has failed to ensure chemical safety and proposes three primary reforms: authorizing the EPA to phase out high-priority persistent, bioaccumulative, and toxic (PBT) chemicals; establishing a health-based safety standard for all chemicals where manufacturers bear the burden of proof; and mandating that manufacturers provide comprehensive, up-to-date data on chemical hazards and exposures. The author emphasizes that prioritization should determine the order of review rather than exclude chemicals from scrutiny, citing the failures of the EPA's ChAMP initiative and the potential benefits of aligning with the European Union's REACH regulation.

The document argues that traditional knowledge (TK) is often viewed as a commodity in Access and Benefit Sharing (ABS) agreements, which can erode the biocultural relationships and spiritual values of indigenous and local communities (ILCs). To counter this, the authors propose a 'TK Commons'—a system where non-commercial users (such as researchers and students) access knowledge via licenses based on the community's 'biospiritual virtues'. This framework emphasizes reciprocity, non-appropriation, and the continuous growth of a knowledge community rather than individual ownership. The report details a potential online licensing system to manage these interactions, ensure enduring recognition of source communities, and facilitate the flow of new research back to the ILCs.

The document asserts that U.S. Supreme Court decisions in 2001 and 2006 effectively broke the Clean Water Act by interpreting its protections as applying only to "navigable" waters. This interpretation has allegedly led to the loss of safeguards for up to 60 percent of streams and rivers and 20 percent of wetlands, affecting watersheds that supply drinking water for over 110 million Americans. The author advocates for the Clean Water Restoration Act, which would replace the term "navigable" with "waters of the United States" to restore broad federal protections. The text notes that since 2001, an estimated 10,000 water bodies have been polluted or destroyed without federal limits, and the EPA has failed to pursue over 300 pollution cases following the 2006 ruling.

The report examines the history and legal mechanisms used to construct barriers along the U.S.-Mexico border, specifically focusing on the 'Real ID Act' and 'Secure Fence Act'. It details how these laws allowed the Secretary of Homeland Security to waive nearly all federal and state laws, including environmental and historic preservation statutes, to expedite construction. The author highlights the resulting environmental damage in areas like the San Pedro Riparian National Conservation Area and Organ Pipe Cactus National Monument, the disruption of Native American sacred sites, and the high financial costs of the project. It concludes by calling for a suspension of construction and a legislative review of the wall's effectiveness and constitutionality.

The proceedings detail a two-day workshop in Sweden where experts from various global 'knowledge nodes' discussed the barriers and drivers for implementing nutrient reuse in sanitation. Key findings highlight a persistent gap between national legislation and local enforcement, the necessity of 'champions' to drive policy change, and the importance of technology-neutral policies that prioritize actual reuse over the mere possibility of recycling. Case studies from Sweden, the Philippines, Uganda, Colombia, South Africa, and China illustrate diverse regional challenges, including urban transport costs for nutrients and the social stigma associated with excreta reuse.

Earthjustice defends the necessity of citizen enforcement provisions in environmental laws, such as the Clean Air Act and Clean Water Act, against legislative attempts by Congressman John Shadegg to limit legal challenges to offshore oil drilling and allow the waiver of legal requirements for energy projects.

In August 2006, the Ugandan Cabinet proposed donating 7,100 hectares of the 30,000-hectare Mabira forest to the Mehta group of companies to expand sugar plantations. This proposal triggered a massive public outcry and a coordinated 'Save Mabira Crusade' involving civil society, religious institutions, and legal experts. The campaign utilized empirical research, media engagement, and strategic litigation to challenge the government's decision. The author argues that the campaign's success was rooted in a growing public awareness of environmental rights, supported by the 1995 Constitution and the National Environment Act. The effort not only protected the forest but also served as a vehicle to expose broader governance deficits and the lack of political will to adhere to existing conservation laws.

The paper examines the 2006 campaign to save the Mabira Forest in Uganda, where the government proposed giving 7,100 hectares of the reserve to the Mehta Group for sugarcane cultivation. It details how a coalition of civil society, religious institutions, and legal experts used environmental laws and public mobilization to stop the proposal. The author argues that the campaign succeeded by framing the environmental issue as a broader failure of governance and accountability, leveraging the 1995 Constitution's recognition of the right to a healthy environment and the 2005 Access to Information Act.

The report examines the use of eminent domain to establish protected areas (PAs) in East Africa, highlighting how irregular land acquisitions and degazettement threaten biodiversity. It argues that PAs are only sustainable when established through transparent, inclusive, and accountable processes that respect private property rights and provide fair compensation.

Earthjustice successfully challenged a 2006 U.S. Fish and Wildlife Service (FWS) rule that diminished the critical habitat of the California red legged frog. The lawsuit alleged that political pressure from D.C. officials, including former Deputy Assistant Secretary of the Interior Julie MacDonald, led field scientists to ignore the species' Recovery Plan and exclude essential habitat areas. The case concluded after the FWS proposed a new rule in September 2008 to significantly increase the frog's critical habitat.

The ICSID Tribunal granted five non-governmental organizations permission to file a joint amicus curiae submission in the case of Suez et al. v. Argentina, finding that the dispute involves significant public interest regarding water and sewage services in Buenos Aires. While the Tribunal affirmed the suitability of the petitioners based on their expertise in human rights and the environment, it denied their request for unrestricted access to arbitration documents, ruling that they possessed sufficient information from other sources to provide the necessary perspectives without the record.

The Center for International Environmental Law and WWF European Policy Office urge the European Commission to move beyond closed-circuit television and adopt a policy of web-casting WTO dispute settlement hearings to ensure global public access, particularly for citizens in the Global South.

The WTO Panel found that the EC's de facto moratorium on biotech approvals and several product-specific delays violated procedural requirements of the SPS Agreement by causing "undue delay." Additionally, safeguard measures adopted by EC Member States (including France, Germany, Italy, and Greece) were found inconsistent with the SPS Agreement because they were not based on a risk assessment. However, the Panel ruled that the general moratorium itself was a procedural decision rather than a substantive SPS measure, meaning it was not subject to the science-based risk assessment requirements of Article 5.1. The Panel also rejected the EC's argument that the Convention on Biological Diversity and the Cartagena Protocol on Biosafety should be used to interpret WTO rules, as not all parties to the dispute were parties to those treaties.

The document advocates for the adoption of the Solis bill (H.R. 4800) to implement the Stockholm Convention on Persistent Organic Pollutants in the United States. The signatories argue that the Solis bill ensures timely EPA action, adopts a health-based regulatory standard, and respects state-level protections. In contrast, they claim the Gillmor bill (H.R. 4591) would weaken safeguards by introducing cost-benefit standards and preempting state regulations.

The Bareki v Gencor case is a significant South African legal precedent regarding environmental liability. The court initially ruled that section 28 of the National Environmental Management Act (NEMA) did not apply retrospectively to pollution occurring before 1999, citing a common law presumption against retrospectivity and the 'strict' or 'absolute' nature of the liability. However, the document notes that Act 14 of 2009 subsequently amended NEMA to explicitly include retrospective application for significant pollution. The case also addressed the continuity of rehabilitation duties from repealed mining laws, with the court dismissing 'continuity by content' arguments but allowing some claims based on the Interpretation Act of 1957. The plaintiffs sought R64 million for asbestos pollution at the Bute mine caused by Gefco and Gencor between 1976 and 1981.

A coalition of civil society organizations argues that the proposed appellate mechanism for CAFTA's investment chapter is flawed and could undermine public interest and democratic principles. They advocate for the retention of domestic court review, the creation of a standing appellate body rather than ad hoc tribunals, the inclusion of environmental law expertise among panelists, and the adoption of a de novo standard of review for legal conclusions. Additionally, they call for mechanisms to ensure developing countries can afford to participate in appellate proceedings.

The report assesses IUCN's current knowledge management (KM) capacities and proposes four strategic moves for 2005-2010: shifting from knowledge production to influencing change, expanding the roles of its 'triple helix' (Commissions, Members, and Secretariat) to include partners and young professionals, implementing interconnected internal and external communication strategies, and upgrading its ICT infrastructure. It emphasizes 'knowledge mobilization'—combining internal and external knowledge to meet user needs—and suggests 'rapid-results initiatives' to achieve measurable short-term gains.

The document provides testimony from the Center for International Environmental Law (CIEL) and partner organizations criticizing a draft bill for implementing international chemical conventions. The authors argue the draft decouples international and domestic processes, imposes restrictive cost-benefit standards, and introduces 'sound science' requirements that could hinder the EPA's ability to regulate hazardous chemicals. It also refutes Bush Administration claims that mandatory implementation of international listing decisions would violate the U.S. Constitution.