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STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS
Carroll Muffett, President and CEO of the Center for International Environmental Law (CIEL), provided testimony to the U.S. House of Representatives on July 24, 2013, regarding the Transatlantic Trade and Investment Partnership (TTIP). Representing CIEL, Friends of the Earth, and the Sierra Club, Muffett argued that the agreement's focus on reducing regulatory barriers could undermine public health and environmental protections, particularly in the chemicals sector, by favoring industry interests over safety standards.
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Document type: Statement
WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS
This guide, published by the Centre for Environmental Rights in January 2013, provides detailed schedules of criminal offences and their corresponding penalties under various South African laws applicable to the mining sector. It serves as a reference for enforcing environmental rights by outlining the legal consequences for violating acts related to mineral resources, environmental management, water use, air quality, protected areas, biodiversity, waste, and mine health and safety.
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Document type: Guide
CIEL STATEMENT TO THE UN HUMAN RIGHTS COUNCIL
A statement delivered by Marcos Orellana of the Center for International Environmental Law (CIEL) to the UN Human Rights Council, urging the establishment of a special procedure to address the human rights dimensions of the environment and climate change.
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Document type: Statement
STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011
The Centre for Environmental Rights, representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Portfolio Committee on Water and Environmental Affairs regarding the South African Weather Service Amendment Bill, 2011. The submission expresses grave concerns that the Bill's proposed criminalization of issuing air pollution-related warnings without permission would undermine public health, freedom of speech, and existing environmental governance frameworks under the National Environmental Management Act (NEMA).
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Document type: Statement
THE INTER-MINISTERIAL COMMITTEE ON ACID MINE DRAINAGE: RELEASE OF HEAVILY POLLUTED, TOXIC ACID MINE DRAINAGE INTO OUR STREAMS AND RIVERS
The Centre for Environmental Rights, acting on behalf of a coalition of 34 non-government and civil society organisations, issued a letter to the Inter-Ministerial Committee (IMC) on Acid Mine Drainage demanding a response to a previous inquiry and the publication of an expert team's report regarding the release of toxic acid mine drainage into watercourses.
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Document type: Statement
THE INTER MINISTERIAL COMMITTEE ON ACID MINE DRAINAGE: RELEASE OF HEAVILY POLLUTED, TOXIC ACID MINE DRAINAGE INTO OUR STREAMS AND RIVERS
A letter dated 25 January 2011 from a coalition of civil society organisations and individuals to the co-chairs of the Inter Ministerial Committee on Acid Mine Drainage (IMC), demanding transparency and urgent action to stop the release of untreated acid mine drainage (AMD) into South African water systems.
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Document type: Statement
SRI INDEX IGNORES SIGNIFICANT VIOLATIONS OF ENVIRONMENTAL LAWS
A joint letter from several environmental non-governmental organisations to the JSE Limited challenging the integrity of the Socially Responsible Investment (SRI) Index, alleging that it includes companies that are serial offenders of environmental laws.
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Document type: Statement
A framework training manual for law enforcement agencies
This 2010 training manual by the Institute for Security Studies provides a comprehensive framework for law enforcement agencies in Eastern and Southern Africa to identify, investigate, and prosecute environmental crimes. It covers the foundations of environmental law, the technical processes of inspection and evidence gathering, and the legal requirements for criminal prosecution, emphasizing a participant-centered learning approach for police, customs officials, and prosecutors.
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Document type: Guide
A community approach to sharing traditional knowledge for non-commercial research
This report proposes the creation of a 'Traditional Knowledge (TK) Commons' to facilitate the sharing of traditional knowledge for non-commercial research while preserving the biospiritual virtues and cultural integrity of indigenous and local communities (ILCs). It argues against the wholesale commodification of TK, suggesting instead a licensing system that ensures reciprocity, non-appropriation, and the continued flow of knowledge back to the source communities.
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Document type: Report
BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY
This report by the Center for International Environmental Law examines the legal history and environmental impact of the U.S.-Mexico border wall, focusing on the unprecedented authority granted to the Secretary of Homeland Security to waive all legal requirements to expedite construction.
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Document type: Report
WTO DISPUTE SETTLEMENT: CURRENT ISSUES THE GMOS DISPUTE Interpreting WTO Law and the Relevance of Multilateral Environmental Agreements in EC-Biotech
This briefing by the Center for International Environmental Law (CIEL) analyzes the 2006 WTO panel reports in the EC-Biotech dispute, specifically focusing on the panel's refusal to integrate Multilateral Environmental Agreements (MEAs) into the interpretation of WTO law. The author argues that the panel's narrow interpretation of the Vienna Convention on the Law of Treaties deviates from previous Appellate Body jurisprudence, such as the US-Shrimp case, and undermines the principle of 'mutual supportiveness' between trade and environmental policies.
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Document type: Briefing
Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332)
This amicus curiae brief submitted to the WTO Panel argues that Brazil's import ban on retreaded tires is justified under GATT Article XX. The document contends that a life-cycle approach to product analysis reveals that importing retreaded tires increases waste and public health risks in developing countries, and that such measures are supported by multilateral environmental agreements, human rights law, and the international environmental law principle of prevention.
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Document type: Briefing
Legislation to Implement the POPs, PIC, and LRTAP POPs Agreements
This written testimony by Glenn M. Wiser of the Center for International Environmental Law (CIEL), submitted to the U.S. House of Representatives on March 2, 2006, advocates for legislation to implement the Stockholm Convention on Persistent Organic Pollutants (POPs), the LRTAP POPs Protocol, and the Rotterdam PIC Convention. Wiser compares two proposed bills to amend the Toxic Substances Control Act (TSCA)—H.R. 4800 (Solis bill) and H.R. 4591 (Gillmor bill)—arguing that only the Solis bill adequately implements the health and environmental protection goals of the Stockholm Convention.
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Document type: Statement
VAN ECK v CLYDE BRICKFIELDS (PTY) LTD 2006 JDR 0312 (T)
This case study examines the legal dispute between Van Eck and Clyde Brickfields (Pty) Ltd, focusing on the application of neighbour law and the principles of nuisance in a mining-related context. The court dismissed the applicants' request for interdicts to limit noise pollution, citing a lack of objective evidence and the fact that the applicants had 'come to the nuisance' in an area with established industrial use since 1972.
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Document type: Case study
HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA)
This case study examines a Supreme Court of Appeal (SCA) ruling regarding the interpretation of Section 19 of the National Water Act 36 of 1998 (NWA). The court determined that the legal obligation to take 'reasonable measures' to prevent pollution is not limited to a person's own land but can extend to land owned, controlled, or used by others.
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Document type: Case study
POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions
Written testimony by Glenn M. Wiser of the Center for International Environmental Law (CIEL) provided to the U.S. House of Representatives on July 13, 2004. The statement expresses the views of a coalition of environmental and health organizations regarding draft legislation intended to implement the Stockholm Convention on Persistent Organic Pollutants (POPs), the LRTAP POPs Protocol, and the Rotterdam PIC Convention.
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Document type: Statement
Letter to Ms. Harrison pursuant to USTR documents under FOIA
A December 2003 letter from Friends of the Earth – U.S., on behalf of several environmental organizations, requesting investment-related documents from the United States Trade Representative (USTR) under the Freedom of Information Act (FOIA).
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Document type: Statement
Letter to Ms. Harrison pursuant to USTR documents under FOIA
The Center for International Environmental Law (CIEL), representing itself and three other environmental organizations, submitted a Freedom of Information Act (FOIA) request to the United States Trade Representative (USTR) on December 19, 2003. The request seeks the disclosure of environmental chapters and related provisions from bilateral or regional free trade agreement negotiations conducted since the beginning of 2003.
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Document type: Statement
Assessing the Impact of NAFTA on Environmental Law and Management Processes
This research paper analyzes how trade and investment disciplines under NAFTA and the WTO impact the ability of governments to enact and implement environmental laws. The author argues that while there is no inherent conflict between trade rules and environmental protection, the cumulative and retroactive nature of these disciplines creates significant legal and capacity risks for governments, particularly regarding older measures and the expansive interpretations of investment protections in NAFTA Chapter 11.
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Document type: Research paper
Comments on Selected Portions of the JWGC Co-Chairs’ “Elements” Paper
The Center for International Environmental Law (CIEL) provides comments on the Joint Working Group on Compliance (JWGC) Co-Chairs' "Elements" paper regarding the Kyoto Protocol's compliance system. CIEL advocates for a standing compliance body with distinct facilitative, enforcement, and eligibility branches, emphasizing transparency, civil society participation, and a dynamic Compliance Fund to replace "borrowing" as a remedy for non-compliance.
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Document type: Statement