Search Climate Insights Directory

This briefing paper by the Center for International Environmental Law argues against the inclusion of a "supremacy clause" in the draft Persistent Organic Pollutants (POPs) Convention. The author contends that such a clause, which suggests the convention will not affect rights and obligations under existing international agreements, would effectively subordinate environmental goals to World Trade Organization (WTO) rules and undermine the ability of nations to implement trade-related environmental measures.

The research paper analyzes the Convention on Biological Diversity as a pioneering legal instrument that integrates environmental goals with economic sectors, specifically regarding the trade of genetic resources and the protection of indigenous knowledge.

This legal opinion, authored by Paul Kennedy SC on 16 May 2012, addresses the legal implications of the Water Tribunal operating without a duly appointed chairperson following the resignation of the previous chairperson on 31 December 2011.

A formal approval document dated May 2014 in which National Petroleum Refiners of South Africa (Pty) Ltd (Natref) authorizes legal proceedings against the Minister of Water and Environmental Affairs and the National Air Quality Officer to review and set aside specific atmospheric emission regulations.

This document is a confirmatory affidavit submitted by Poovalingum Moodley, executive director of Natural Justice, in a High Court of South Africa case opposing oil and gas exploration along the Wild Coast by BG International Limited, Shell Exploration and Production South Africa BV, and Impact Africa Limited.

This document contains the Appellants' Rebuttal Heads of Argument in a legal appeal involving the Endangered Wildlife Trust and the Federation for a Sustainable Environment against the Department of Water and Sanitation and Atha-Africa Ventures (Pty) Ltd. The briefing primarily addresses allegations made by Atha-Africa regarding conflicts of interest, abuse of legal process, and misleading arguments, while defending the role of the Centre for Environmental Rights (CER) as a public interest law organisation.

This document is a supporting affidavit from Barbara Dallas Creecy, the Minister of the National Department for Forestry, Fisheries and the Environment, seeking leave to appeal specific orders made by the High Court of South Africa on 18 March 2022 regarding air pollution in the Highveld Priority Area.

This document consists of the practice note, chronology, and heads of argument filed by Arcelormittal South Africa Ltd (AMSA) in the Supreme Court of Appeal of South Africa. AMSA is appealing a High Court judgment that ordered it to disclose environmental records to the Vaal Environmental Justice Alliance (VEJA) under the Promotion of Access to Information Act 2 of 2000 (PAIA). AMSA argues that VEJA failed to meet the 'need to know' threshold required for requests to private bodies and that there is no legal right for a private NGO to act as a regulatory 'watch-dog' to monitor a private company's environmental compliance.

This legal opinion, prepared for the Centre for Environmental Rights (CER), examines whether 'interested and affected parties' (I&APs) have a legal right to participate in the determination of administrative fines imposed under section 24G of the National Environmental Management Act (NEMA). The authors conclude that while such determinations do not constitute 'administrative action' affecting I&APs under the Promotion of Administrative Justice Act (PAJA), the failure to allow I&APs to make representations may be considered irrational and unlawful under the principle of legality and the Constitution.

A letter from the Vaal Environmental Justice Alliance (VEJA) dated 15 September 2020, confirming the appointment of the Centre for Environmental Rights (CER) as its attorneys of record to appeal a decision regarding emission standards for an ArcelorMittal facility.

This document is an affidavit deposed by Moegamat Ishaam Abader, Acting Director-General of the National Department of Environment, Forestry and Fisheries, responding to the submissions of Mr. Boyd, a United Nations Special Rapporteur admitted as an amicus curiae in a High Court of South Africa case. Abader argues that Mr. Boyd's affidavit is biased, relies on inadmissible hearsay evidence, and fails to distinguish between binding 'hard law' and non-binding 'soft law' in international environmental law. The affidavit asserts that South African courts must balance environmental protection with the constitutional mandate for sustainable development and socio-economic progress, and that the state's obligations are to be realised progressively within available resources.

The document contains the applicants' heads of argument in a legal matter before the High Court of South Africa, Mpumalanga Division. A coalition of seven non-profit organisations seeks the review and setting aside of a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs to exclude four properties from the Mabola Protected Environment to facilitate the construction of an underground coal mine by Uthaka Energy (Pty) Ltd.

This document consists of the applicants' (defendants') heads of argument filed in the High Court of South Africa (Western Cape Division) on 15 May 2019. The applicants, including environmental lawyers and a community activist, are seeking an order to compel Mineral Sands Resources (Pty) Ltd (MSR) to disclose documents relevant to a defamation lawsuit. MSR is suing the applicants overS for statements made during a University of Cape Town course on 25 January 2017, which alleged that MSR operated its Tormin Mine in breach of mining, environmental, and land use planning laws. The applicants argue that the requested documents are essential to prove the truth of their statements and to protect their constitutional rights to freedom of speech and academic freedom.

This document is a legal notice filed in the High Court of South Africa (Gauteng Division, Pretoria) in August 2017. It outlines the grounds upon which several applicants, including Mining and Environmental Justice and GroundWork, seek the review and setting aside of decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures (Pty) Ltd to conduct commercial mining in the Mabola Protected Environment.

This document is a legal statement from the Minister of Environment, Forestry and Fisheries (representing the National Department) responding to an application by several parties regarding air quality management in the Highveld Priority Area (HPA). The Minister defends the implementation of the Highveld Plan, arguing that the government has substantially complied with its goals through a co-operative governance model involving national, provincial, and municipal spheres, as well as private industry. The statement rejects the demand for additional regulations under section 20 of the Air Quality Act, asserting that existing tools and the progressive realization of environmental rights are sufficient. It also details the Minister's refusal to grant emission exemptions to Eskom and Sasol.

The document is an answering affidavit from the Minister of the National Department of Environmental Affairs regarding a legal application by the Centre for Environmental Rights. The Minister defends the government's air quality management in the Highveld Priority Area, arguing that the Highveld Plan is a 'living document' that has been approximately 80% implemented. The Minister disputes the necessity of creating specific regulations under section 20 of the Air Quality Act, citing resource constraints and the need to balance environmental rights with socio-economic growth and energy security.

The Centre for Environmental Rights (CER) and the Legal Resources Centre (LRC) provided joint submissions on 18 July 2012 regarding the National Environmental Management Laws Amendment Bill, 2012. The document offers a detailed critique of proposed amendments to the National Environmental Management Act (NEMA), the Biodiversity Act, and the Air Quality Act, focusing on environmental governance, criminal liability, and the rights of traditional communities.

This document is a legal notice filed in the High Court of South Africa on May 21, 2014, by Sasol Synfuels (Pty) Ltd, National Petroleum Refiners of South Africa (Pty) Ltd, and Sasol Infrachem. The applicants challenge the constitutionality of minimum emission standards published by the Minister of Water and Environmental Affairs under the National Environmental Management: Air Quality Act 39 of 2004.

This guide from the Centre for Environmental Rights explains shareholder activism as a method for individuals to challenge corporate harm from within a company. It provides a step-by-step process for becoming an activist shareholder by purchasing a single share in a JSE-listed company, attending Annual General Meetings (AGMs), and using constitutional and legal frameworks to demand accountability for environmental and social issues.

This guide, published by the Centre for Environmental Rights, provides instructions for individuals and communities in South Africa on how to identify environmental crimes committed by mining companies and the process for reporting these offences to the South African Police Service (SAPS) for criminal prosecution.