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PETITION TO THE PRESIDENT NOT TO SIGN THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13B – 2021 INTO LAW
The petition argues that the Upstream Petroleum Resources Development Bill (B13B – 2021) violates the South African Constitution and the One Environmental System (OES). It highlights the Bill's failure to provide adequate local economic development frameworks, its acceleration of fossil fuel extraction during a climate emergency, and its insufficient public participation and consultation processes. The petitioners urge the President to refer the Bill back to Parliament for redrafting to align with human rights and climate science.
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Document type: Statement
Comments on the Right to a Healthy Environment in CEPA Implementation Framework Discussion Document
A joint statement by six environmental and health organizations providing recommendations to Environment and Climate Change Canada (ECCC) and Health Canada on the implementation framework for the right to a healthy environment (R2HE) under the Canadian Environmental Protection Act (CEPA).
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Document type: Statement
Legal Models to Control Primary Plastic Polymer Production: Key Elements to Consider in the Context of a Treaty to End Plastic Pollution
The document evaluates the Montreal Protocol, Kyoto Protocol, and Paris Agreement to identify effective mechanisms for production controls. It argues that legally binding national targets and a mandatory global target are superior to voluntary commitments. Key recommendations for the plastics treaty include establishing a global production target with a past-year baseline, implementing national phasedown schedules, banning the expansion of production facilities (specifically ethylene plants), and eliminating production subsidies.
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Document type: Policy brief
OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)
The document asserts that international law provides no basis to restrict State climate obligations to present generations. It argues that the rights of future generations are rooted in the UN Charter, various international environmental agreements, and the jurisprudence of the ICJ and other international bodies. The submission emphasizes that the principles of prevention and precaution require States to act now to avoid irreversible climate harm and warns against relying on speculative future technologies to meet mitigation targets. It includes the Maastricht Principles on the Human Rights of Future Generations, which provide a framework for the obligations of States and non-State actors to ensure intergenerational justice.
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Document type: Briefing
Do-Hyun Kim et al. v. South Korea
The document details the case of Do-Hyun Kim et al. v. South Korea, where 19 members of 'Youth4ClimateAction' challenged the constitutionality of the Framework Act on Low Carbon, Green Growth. The applicants argue that the government's failure to maintain sufficient greenhouse gas (GHG) reduction targets violates rights to human dignity, equality, and a healthy environment. Specifically, they contest the President's authority to modify targets via decree, claiming it constitutes an unconstitutional 'blanket delegation' of power and fails to meet the minimum protective measures required to mitigate climate change impacts, which are noted to be particularly severe in South Korea.
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Document type: Legal commentary
The first compensation right in EU environmental law
The Industrial Emissions Directive (IED) now includes a novel right (Art. 79a) for individuals to claim and obtain compensation for health damage caused by violations of national laws transposing the directive. This is the first such right in EU environmental law and is being followed by similar provisions in the Ambient Air Quality and Urban Wastewater Treatment Directives. To succeed in a claim, three elements must be proven: health damage, a violation of IED obligations by an operator or Member State, and a causal link between the two. The author argues that Member States should implement presumption rules on causation and adapted burdens of proof to ensure the right is effective in practice, as claimants often lack the information available to industrial operators.
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Document type: Legal commentary
Temiz Hava Hukuku El Kitabı
The guide examines the legal frameworks for air quality in Turkey and the EU, analyzing the intersection of environmental law and human rights. It details the obligations of states to maintain air quality limit values, the requirements for air quality plans, and the regulation of industrial emissions. The document highlights the role of the European Court of Human Rights (ECtHR) and the Turkish Constitutional Court in protecting the right to a healthy environment and discusses the process of aligning Turkish legislation with the EU Industrial Emissions Directive (IED).
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Document type: Guide
ONDE ESTAMOS NA IMPLEMENTAÇÃO DO CÓDIGO FLORESTAL?
This document is an annex listing the federal and state legislation consulted for a 2024 report titled "ONDE ESTAMOS NA IMPLEMENTAÇÃO DO CÓDIGO FLORESTAL?" (Where are we in the implementation of the Forest Code?). It provides a comprehensive bibliography of laws, decrees, normative instructions, and resolutions related to the Rural Environmental Registry (CAR) and the Environmental Regularization Program (PRA) across various Brazilian states.
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Document type: Report
Return of Organization Exempt From Income Tax
Earthjustice, a nonprofit public interest environmental law organization, reported total revenue of $170,827,511 and total expenses of $167,548,000 for the 2024 fiscal year. The organization focuses on protecting health, preserving ecosystems, and combating climate change through legal representation and advocacy. Its primary program areas include air and water pollution, biodiversity and wildlife, electrification and transportation, fossil fuel extraction and infrastructure, and toxics. Earthjustice also engages in limited lobbying, spending $3.1 million in fiscal year 2025 to influence legislation and regulations.
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Document type: Report
Processo de revisão da Lei de Terras 2024
The document outlines the timeline and shortcomings of the 2024 land law revision process in Mozambique. It argues that the initial 'Draft 0' and subsequent 'Draft 1' were not subject to effective public consultation, reaching fewer than 75,000 people in a population of over 32 million. The text specifically criticizes 'Draft 1' for failing to align with international human rights standards regarding Free, Prior and Informed Consent, for creating private land domains, and for failing to protect communities from forced displacements driven by economic interests. It emphasizes the legal right of Mozambican citizens to permanent participation in national life and calls for broader community involvement in the ongoing revision process.
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Document type: Fact sheet
Stratégie 2024-2028
Natural Justice's 2024-2028 strategy focuses on empowering African indigenous peoples and local communities to defend their land, resource, and human rights against environmental threats and extractive projects. The organization employs a 'litigation plus' approach, combining strategic legal action with community legal education and advocacy. Key priorities include fighting fossil fuel expansion, securing land tenure, and protecting traditional knowledge, with a specific emphasis on feminist leadership and the decolonization of environmental justice.
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Document type: Report
Solidarité pour les Défenseurs de l’Environnement
The Solidarity for Environmental Defenders (STAND) initiative, a partnership between the World Resources Institute (WRI) and the Alliance for Land, Indigenous, and Environmental Defenders (ALLIED), provides support to local environmental defenders (LEDs) who face threats, criminalization, and violence. The initiative focuses on capacity building, financial support through a Small Grants Fund for Defenders, and the creation of collaborative partnerships to improve legal accountability and security for defenders in countries with weak governance or high extractive activity. The program operates in Brazil, Guatemala, Mexico, the Democratic Republic of the Congo, Kenya, and Liberia.
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Document type: Fact sheet
The Court of Justice of the EU confirms environmental NGOs can challenge forest management plans
The CJEU ruled on March 2, 2023, that Polish law violated EU biodiversity conservation laws and the Aarhus Convention by preventing the public from challenging forest management plans in court. The Court determined that such plans, when they significantly affect Natura 2000 sites, constitute 'decisions' under the Aarhus Convention, granting environmental NGOs access to judicial review. While the ruling specifically addresses plans impacting protected sites, the author notes that other plans may still be challengeable under Article 9(3) of the Aarhus Convention if they contravene national environmental law.
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Document type: Legal commentary
How to become an environmental lawyer in the UK
The document provides a roadmap for aspiring environmental lawyers in England and Wales, detailing the legal framework they will work within and the professional routes available. It explains the distinction between solicitors and barristers and identifies employment opportunities across the private sector, public bodies like the Environment Agency and DEFRA, and NGOs such as Greenpeace International and WWF-UK. Additionally, it highlights professional networks like the UK Environmental Law Association (UKELA) and the Environmental Law Foundation (ELF) as resources for training and collaboration.
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Document type: Guide
The Endangered Species Act Q&A
The Endangered Species Act (ESA), passed in 1973, has prevented the extinction of 99% of listed species, including the recovery of 46 species such as bald eagles and humpback whales. While the law protects native US species through habitat requirements and prohibitions on harm, it also protects international species by regulating trade, as seen in the recovery of the red kangaroo. However, the document warns that 2019 regulatory changes by the Trump administration weaken the ESA by reducing science-based decision-making, removing automatic prohibitions for future threatened species, and limiting the designation of critical habitats, which complicates preparations for climate change threats.
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Document type: Fact sheet
Implementation, Compliance, and Reporting: Key Elements to Consider in the Context of a Treaty to End Plastic Pollution
The document argues that a plastics treaty must include a clear mandate for implementation and compliance mechanisms, including the early creation of an Implementation and Compliance Committee. It recommends a combined approach that is primarily facilitative but allows for punitive non-compliance response measures. To ensure effectiveness, the brief proposes a dual reporting system: frequent reports on legal obligations and less frequent reports on broader implementation, impacts, and challenges.
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Document type: Policy brief
Euro 7 Regulation
The document advocates for adding access to justice clauses to the Euro 7 Regulation to prevent 'forum shopping' by manufacturers and to codify existing case law regarding the public's right to challenge emission type-approval decisions.
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Document type: Briefing
Intervención a favor de la constitucionalidad de la Ley 2273 de 2022
CIEL argues that the Escazú Agreement is compatible with the Colombian Constitution, specifically regarding sustainable development and the right to a healthy environment. The document asserts that the Agreement provides legal certainty for sustainable investments, protects vulnerable groups and environmental defenders, and offers essential procedural tools to address the 'triple planetary crisis' of climate change, pollution, and biodiversity loss in Latin America and the Caribbean.
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Document type: Statement
Combate a grilagem de terras na Amazônia: o papel do Poder Judiciário
The report analyzes how the Brazilian Judiciary can combat land grabbing in the Amazon through two primary functions: the administrative control of land registries and the judicial resolution of possessory actions. Using Pará as a case study, it highlights the effectiveness of administrative cancellations of fraudulent titles but notes a lack of transparency in data and a failure to coordinate with the Executive branch for land restitution. The document also critiques the prevalence of a 'civilist' view of possession in courts, which often ignores the specificities of agrarian and ethnic possession, potentially legitimizing illegal occupations. It concludes by examining strategic litigation, including climate damage claims and the protection of conservation units, as tools to deter land grabbing.
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Document type: Report
TAKE A STANCE FOR THE HEALTH OF YOUR CITIZENS: Adopt a meaningful compensation right in the EU Industrial Emissions Directive
The document argues for the adoption of a compensation right in the EU Industrial Emissions Directive to address the health impacts of illegal industrial pollution and provide legal redress for victims.
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Document type: Statement