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Impactos das controvérsias jurídicas na implementação do Código Florestal
The document examines four critical legal uncertainties hindering the implementation of the Brazilian Forest Code: the conflict between the Forest Code and the Atlantic Forest Law, the temporal benchmarks for Legal Reserve requirements under Article 68, the validity of revising previous environmental commitment terms, and the contradictory criteria for Environmental Reserve Quotas (CRA). These controversies create a state of permanent legal insecurity, leading to the suspension of CAR validations in states like Paraná and Santa Catarina, and a reliance on bureaucratic donation mechanisms for Legal Reserve compensation due to the lack of a functional CRA market.
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Document type: Briefing
Journée internationale de la diversité biologique : un jour pour réitérer le plaidoyer sur la reconnaissance juridique des aires et territoires du patrimoine autochtone communautaire (APACs)
The statement argues that Indigenous and Community Conserved Areas (APACs) are essential for biodiversity preservation but lack legal recognition in Senegal. It highlights the role of traditional knowledge and customary governance in maintaining ecosystems and calls for legal reforms based on free, prior, and informed consent to protect the rights of guardian communities.
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Document type: Statement
Letter of Support for David M. Uhlmann
A coalition of environmental groups and former EPA staff request the Senate's confirmation of David M. Uhlmann to lead EPA enforcement, citing a sharp decline in environmental law enforcement between 2018 and 2021.
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Document type: Statement
Strengthen accountability
ClientEarth proposes comprehensive reforms to the REACH regulation to address deficient accountability systems. Key recommendations include creating clear, mandatory obligations for companies, harmonising enforcement across Member States, increasing transparency for public and investor due diligence, and establishing a robust system of dissuasive sanctions and compensation for health and environmental damages.
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Document type: Statement
Identifying Gaps in Climate-Litigation-Relevant Research: An Assessment from Interviews with Legal Scholars and Practitioners
The report outlines critical research needs across natural sciences, social sciences, and legal analysis to support climate litigation. Key gaps include the need for localized attribution science, investigations into corporate disinformation and internal knowledge (including non-fossil fuel industries), and the quantification of economic damages. It also emphasizes the necessity of 'translational work' to bridge the communication gap between scientists, legal practitioners, and judges, particularly regarding legally relevant timeframes and standards of evidence.
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Document type: Research paper
Revision of the State aid Guidelines in the Agriculture and Forestry sectors and in rural areas
ClientEarth argues that the revised State aid Guidelines and ABER for agriculture and forestry must be fully integrated with the EU Green Deal, the polluter pays principle, and the precautionary principle to avoid compromising environmental protection. The organization recommends strengthening compliance with Union environmental law, refining definitions for carbon farming and forests to prevent biodiversity loss, and increasing transparency in how aid is reported and monitored. Specific concerns are raised regarding aid for irrigation, which may cause a 'rebound effect' increasing water consumption, and the use of forest biomass for energy, which ClientEarth argues should be strictly limited to residues and follow the cascading principle. The document also suggests that aid for climate-related disaster recovery should be conditional on implementing adaptation measures to minimize future losses.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
The Centre for Environmental Rights, acting on behalf of groundWork and Earthlife Africa, submitted an appeal to the Minister of Forestry, Fisheries and the Environment on 9 February 2022. The appeal seeks to set aside decisions made by the National Air Quality Officer on 30 October 2021 regarding Eskom's applications for alternative limits and the postponement and suspension of compliance timeframes under the National Environmental Management: Air Quality Act 39 of 2004 Minimum Emission Standards.
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Document type: Statement
INFORME JURÍDICO SOBRE LA DECISIÓN DEL TRIBUNAL ARBITRAL DE NEGAR LA PRESENTACIÓN DE UN AMICUS POR TERCEROS INTERESADOS EN EL CASO ODYSSEY MARINE EXPLORATION, INC. C. LOS ESTADOS UNIDOS MEXICANOS
The report examines the denial of amicus curiae status to CIEL and the Sociedad Cooperativa de Producción Pesquera Puerto Chale in the ICSID case UNCT/20/1, which concerns the Don Diego deep-sea mining project in Mexico. The author argues that the tribunal's majority decision ignored significant public interests, including environmental risks to the Gulf of Ulloa and the human rights of local fishers. By relying on discretionary power rather than an obligation to recognize public interest, the report contends that the tribunal undermined the legitimacy of the investor-state dispute settlement (ISDS) system and failed to integrate international environmental and human rights law into the proceedings.
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Document type: Report
LEGAL BRIEFING ON THE ARBITRAL TRIBUNAL'S DECISION TO DENY THIRD PARTY SUBMISSION IN ODYSSEY MARINE EXPLORATION, INC. V. THE UNITED MEXICAN STATES
The document analyzes the denial of third-party participation in the Odyssey v. Mexico case, arguing that the tribunal's discretionary power to exclude affected communities undermines the legitimacy of the investor-state dispute settlement (ISDS) system and ignores critical environmental and human rights considerations.
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Document type: Briefing
Public Participation in Environmental Matters in the UK/England & Wales
The document provides a detailed guide on the rights of individuals and NGOs to participate in environmental decision-making in the UK, primarily through the framework of the Aarhus Convention. It outlines the specific requirements for three types of decisions: specific activities (Article 6), plans and policies (Article 7), and legislation (Article 8). The guide also discusses domestic UK consultation standards, such as the Sedley/Gunning principles and Cabinet Office Consultation principles, and provides advice on challenging deficient consultations through judicial review or the Aarhus Convention Compliance Committee.
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Document type: Guide
Public Participation in Environmental Matters in the UK/England & Wales
The document outlines the requirements for public participation in environmental matters in the UK, focusing on the three pillars of the Aarhus Convention: access to information, public participation in decision-making, and access to justice. It details the specific obligations for public authorities regarding activities, plans, and legislation that significantly affect the environment. Additionally, it explains domestic standards for fair consultation, including the Sedley/Gunning principles and Cabinet Office Consultation principles, and provides guidance on challenging deficient consultations through judicial review or the Aarhus Convention Compliance Committee.
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Document type: Guide
Submission on the Amendments to National Environmental Management Act of 1998
Natural Justice argues that proposed amendments to the s24H Registration Authority Regulations under the National Environmental Management Act (NEMA) would create prohibitive financial and procedural barriers for the public. Specifically, the requirement that only a registered environmental assessment practitioner (EAP) may perform tasks related to appeals under section 43 of NEMA would effectively bar impoverished communities and landowners from appealing Environmental Authorisations (EAs) and subsequently seeking judicial review. The organization contends this violates the constitutional right to procedurally fair administrative action and undermines South Africa's Just Energy transition by complicating the oversight of large-scale solar and wind energy projects.
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Document type: Statement
Greater Manchester Clean Air Zone plans: concerns relating to up-coming review
ClientEarth warns Greater Manchester authorities that delaying or diluting the Clean Air Zone (CAZ) risks legal challenge and exacerbates public health crises. The region continues to report illegal nitrogen dioxide levels, contributing to an estimated 1,200 premature deaths annually. ClientEarth argues that the CAZ is the most effective tool for compliance and that economic or political concerns do not justify delaying health protections, particularly for low-income and minority communities who are disproportionately affected.
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Document type: Statement
Strengthen forest governance and empower communities
The document reports that improvements in forest governance are too slow to measurably reduce deforestation, noting that illegal deforestation increased from 49% to 69% between 2014 and 2020. While some progress has been made in establishing environmental frameworks and demand-side regulations, systemic challenges such as corruption, weak rule of law, and a failure to legally recognize IPLC land rights persist. The report highlights that weak forest governance causes over USD 17 billion in annual economic losses and calls for accelerated action to address legal weaknesses and enhance the participation of women and IPLCs in decision-making.
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Document type: Fact sheet
អត្ថថបទវិិភាគអំំពីីក្រ បខណ្ឌឌច្បាប់់ និិងបទពិិសោធន៍៍របស់់សហគមន៍៍តំំបន់់ការពារធម្មមជាតិិនៅព្រះរាជាណាចក្រកម្ពុុជា
The report examines the legal and operational challenges facing Community Protected Areas (CPAs) in Cambodia. It highlights critical issues such as insecure land tenure, complex and slow establishment processes, limited economic opportunities, and a lack of clear mechanisms for dispute resolution and benefit sharing. The document argues that while the legal framework recognizes community roles, it often lacks the specificity and flexibility needed to empower local and indigenous communities effectively, leaving them dependent on NGOs and vulnerable to powerful private interests.
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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 $125,960,142 and total expenses of $148,016,730 for the fiscal year ending June 30, 2023. The organization focuses on protecting health, preserving ecosystems, and combating climate change through legal representation and public awareness. Key financial activities include $117,451,493 in contributions and grants, and $118,249,374 in total program service expenses. Earthjustice also engaged in lobbying activities, spending $1.9 million to influence legislation, regulations, and nominations.
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Document type: Report
Conciliação ambiental e desmatamento na Amazônia: implicações e desafios a partir de evidências
The report finds that the introduction of a mandatory environmental conciliation stage has paralyzed 98% of deforestation-related infringement notices issued between October 2019 and May 2021, exacerbating impunity. This occurs against a broader trend of weakening environmental control since 2015, with deforestation rates returning to 2006 levels by 2021. The analysis also highlights severe transparency gaps in Ibama's open data, including the loss of geographic area data for sanctions after August 2019 and restricted public access to procedural documents.
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Document type: Report
Public Consultation on the revision of the Ambient Air Quality Directives
ClientEarth argues for the full alignment of EU air quality standards with the 2021 World Health Organization (WHO) guidelines through legally binding limit values. The document proposes strengthening the legislative framework by introducing an independent Scientific Advisory Board on Healthy Air, enhancing the requirements for air quality plans, and expanding monitoring to include Black Carbon and Ultrafine Particles. It further calls for explicit access to justice provisions, harmonised compensation for health damages, and the introduction of administrative penalties for public authorities that fail to comply with air quality standards.
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Document type: Statement
The proposed EU law on deforestation-free products
The briefing analyzes the proposed EU law on deforestation-free products, which aims to replace the EU Timber Regulation (EUTR). It highlights improvements such as the expansion of covered commodities to include cattle, cocoa, coffee, oil palm, and soya, and the introduction of a 'deforestation-free' criterion alongside legality requirements. The document notes strengthened due diligence for large traders, mandatory geo-localisation coordinates for traceability, and more rigorous compliance check requirements for Member States. However, it warns of definitional ambiguities regarding 'forest' and 'deforestation' and criticizes the failure to include criminal liability for serious violations.
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Document type: Briefing
Grilagem à Vista: Parecer do Senador Carlos Fávaro Aprova Mudanças na Lei Fundiária
The document examines Senator Carlos Fávaro's legislative report which favors PL 510/2021 over PL 2633/2020. The authors argue that the proposed changes primarily benefit medium and large land occupants by extending the time frame for land occupation, simplifying titling procedures through self-declaration for larger areas, and weakening environmental safeguards. These changes are seen as incentives for illegal deforestation and land grabbing, particularly in the Amazon, while offering no benefits to small-scale farmers.
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Document type: Briefing