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Illegal Sand Mining in South Africa
The document highlights a drastic increase in unauthorized sand mining in South Africa's rivers and estuaries, driven by low entry barriers and high demand from the construction industry. In the eThekwini jurisdiction, sand extraction rates exceed natural replenishment, leading to riverbank erosion, sinking water tables, and the denudation of beaches. The author argues that current governance is hampered by weak enforcement, insufficient capacity of Environmental Management Inspectors (EMIs), and regulatory ambiguity between the Department of Mineral Resources (DMR) and environmental authorities. The brief recommends halting riparian and estuarine mining in favor of sustainable alternatives and enhancing the capacity of national and provincial authorities to enforce Environmental Management Plans (EMPs).
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Document type: Policy brief
NKANGALA IMPLEMENTATION TASK TEAM (ITT) MEETING ON 13 NOVEMBER 2014
The Centre for Environmental Rights (CER) sent a letter to the chairperson of the Nkangala District Municipality (NDM) Implementation Task Team (ITT) on 29 October 2014. The letter outlines specific requests for the 13 November 2014 meeting and future ITT meetings to ensure the proper implementation of the Air Quality Management Plan (AQMP) for the Highveld Priority Area (HPA).
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Document type: Statement
Will the EPA Coal Ash Rule Survive?
Earthjustice warns that the White House OMB's review of the EPA's coal ash rule may lead to the substantive weakening of the regulation due to industry lobbying, citing a 2010 instance where a proposed rule to regulate coal ash as hazardous waste was eviscerated.
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Document type: Statement
ADDITIONAL SUBMISSIONS ON ESKOM’S APPLICATIONS FOR POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004: FOCUSSING ON ESKOM’S RESPONSES REGARDING HEALTH IMPACTS, FUTURE COMPLIANCE AND MONITORING DATA
The Centre for Environmental Rights (CER) submitted a statement to the Department of Environmental Affairs (DEA) opposing Eskom's applications to postpone compliance with Minimum Emission Standards (MES). The CER argues that Eskom failed to provide required health impact assessments and future compliance plans, while monitoring data indicates that Eskom's emissions cause frequent, year-round exceedances of air quality guidelines, contributing to significant regional health risks.
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Document type: Statement
Stopping A Massive Mountaintop Removal Coal Mine
The document details the legal battle over the Spruce No. 1 mine, one of the largest proposed mountaintop removal sites. It highlights the EPA's historic 2011 veto of the mine based on potential harm to natural resources and overburdened low-income communities, and the subsequent court proceedings where the U.S. Court of Appeals for the D.C. Circuit upheld the EPA's authority to veto the project in April 2013.
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Document type: Case study
Strategy and Work Plan for Establishing a Platform for Private Sector Engagement with the Government on Climate Compatible Development
The document provides a strategy for the Kenya Private Sector Alliance (KEPSA) to lead private sector engagement with the Kenyan government on climate change. It identifies climate change as a threat to economic growth and productivity, noting that droughts and flooding cost Kenya approximately 2.4% of GDP annually. The strategy focuses on three pillars: leading government dialogue, sharing information with members, and building climate resilience. A detailed one-year work plan includes establishing communication processes, developing policy positions on the Climate Change Bill, and creating climate risk assessment tools. The report emphasizes the need for high-level board commitment and internal resource allocation to avoid the failures of previous initiatives like the Climate Business Information Network (CBIN).
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Document type: Report
Shale Gas and Fracking
The report identifies significant risks associated with shale gas extraction, including regulatory failures, threats to climate goals, and water scarcity. It specifically challenges claims that fracking will lower energy bills in the UK and warns of potential negative impacts on energy security.
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Document type: Report
South Africa and the post-Bali global trading architecture
The paper examines the shift in global trade governance from the WTO toward 'mega-regional' agreements like the TPP and TTIP, which establish new norms on issues such as the environment and labour. It warns that South Africa risks investment deflection and isolation if it continues a blocking strategy in the WTO while other BRICS nations, particularly China, consider engaging with these new frameworks. The author recommends that South Africa use regional initiatives like the Tripartite Free Trade Area to experiment with new regulatory agendas and proactively propose plurilateral initiatives within the WTO.
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Document type: Research paper
Policy Regulation Is Needed: Making “Best” Practices Standard Practice
The author contends that voluntary programs like Natural Gas STAR are insufficient to achieve necessary methane reductions in the U.S. oil and gas sector, as emissions are projected to increase by 4.5% by 2018. Citing studies from NOAA, Harvard, and the University of Texas, the text asserts that actual methane leaks are substantially higher than EPA inventories suggest. Because proven reduction technologies are cheap or provide negative costs through captured gas, the author argues that federal regulation is required to move these 'best' practices to 'standard' practice by overcoming market barriers such as diverse ownership and lack of incentive.
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Document type: Statement
Challenging EPA's Failure to Require Pesticide Ingredient Disclosure
Earthjustice is challenging the U.S. EPA for failing to complete rulemaking that would require pesticide manufacturers to disclose 'inert' ingredients. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), only 'active' ingredients must be listed, despite inert ingredients often comprising 50 to 99 percent of formulations and potentially being hazardous or toxic. Following petitions in 2006 and a 2009 lawsuit, the EPA issued an advance notice of proposed rulemaking in 2010 to consider requiring the listing of either all hazardous ingredients or all ingredients.
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Document type: Case study
COMMENTS ON THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSET POLICY
The Centre for Environmental Rights (CER), acting for several environmental justice organisations, submitted comments on the Department of Environmental Affairs' (DEA) Draft Air Quality Offset Policy. The CER and its clients oppose the use of offsets in principle, arguing they serve as a "cheap option to avoid compliance" with emission standards and could undermine the constitutional right to a healthy environment. The submission highlights significant gaps in the draft policy, including a lack of clear criteria for determining offsets, poor institutional capacity for monitoring and enforcement, and failure to address equity and distributional effects.
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Document type: Statement
Don’t fast track a polluters’ bill of rights
Friends of the Earth opposes the Bipartisan Congressional Trade Priorities Act (HR 3830/S 1900), arguing that its 'Fast Track' authority would shift power from Congress to the executive branch and rush the approval of the Trans Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP). The organization contends that these agreements would allow corporations to sue governments for the costs of complying with environmental regulations and could undermine climate measures, such as efforts to block the Keystone XL pipeline or fossil fuel export terminals. Additionally, the document warns that the agreements could inhibit the use of the 'precautionary principle' regarding toxic chemicals and food safety, and potentially lead to the privatization of nature through patents on plants and animals.
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Document type: Statement
The geopolitics of China’s rare earths: a glimpse of things to come in a resource-scarce world?
The document examines the strategic importance of rare earth minerals (REMs) for clean technologies and the geopolitical friction caused by China's dominance of their production. It highlights how China's shift toward environmental regulation and energy security has led to export restrictions, triggering WTO disputes with the USA, Japan, and the EU. The author argues that the REM case reveals the inadequacy of current international trade governance in balancing short-term economic priorities with long-term sustainability and resource scarcity.
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Document type: Briefing
OBJECTIONS TO THE VARIATION OF THE ATMOSPHERIC EMISSION LICENCE FOR ESKOM’S KRIEL POWER STATION
The Centre for Environmental Rights (CER), representing various community and environmental groups, submitted formal objections to Eskom's application to vary the Atmospheric Emission Licence (AEL) for the Kriel Power Station. The CER argues that the requested increase in particulate matter (PM) emissions would exacerbate poor air quality in the Highveld Priority Area, cause significant health impacts, and result from Eskom's own poor planning rather than a genuine emergency.
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Document type: Statement
CER Comments on the Proposed Technical Regulations for Petroleum Exploration and Exploitation published by the Minister of Mineral Resources under s.107 of the Mineral and Petroleum Resources Development Act, 2002 on 15 October 2013
The Centre for Environmental Rights (CER) provides a detailed critique of the proposed Technical Regulations for Petroleum Exploration and Exploitation published by the South African Minister of Mineral Resources on 15 October 2013. The CER argues that the regulations are non-binding guidelines rather than enforceable laws, lack sufficient environmental impact assessment requirements, and fail to provide for meaningful public participation or access to information. The document suggests that fracking-specific regulations should be promulgated under a broader suite of environmental laws, including NEMA, NEMWA, and the National Water Act, rather than solely under the MPRDA.
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Document type: Report
Minimum Requirements for the Regulation of Environmental Impacts of Hydraulic Fracturing in South Africa
The Centre for Environmental Rights (CER) published a set of Minimum Requirements for the Regulation of the Environmental Impacts of Fracking in December 2013 to address the potentially severe effects of the shale gas industry.
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Document type: Report
Statement on Brussels round of TTIP negotations
Friends of the Earth opposes the TTIP investment chapter, asserting that investor-state arbitration would allow energy companies to sue governments over climate and environmental regulations, thereby protecting fossil fuel interests and threatening democratic decision-making.
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Document type: Statement
TOWARD AN EVIDENCE-BASED FRACKING DEBATE
The report examines the risks associated with unconventional oil and gas development, specifically hydraulic fracturing, in the United States. It identifies significant threats to groundwater and surface water quality, air pollution, and induced seismic activity from wastewater injection. The authors highlight how corporate and political interference—including 'trade secret' exemptions and non-disclosure agreements—hampers scientific research and public knowledge. It critiques the 'patchwork' of state laws and federal loopholes, such as the 'Halliburton loophole,' and recommends mandatory baseline monitoring, full chemical disclosure, and the closing of federal regulatory gaps to protect public health and the environment.
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Document type: Report
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2013 [B15-2013]
The Centre for Environmental Rights (CER) submitted comments to the Portfolio Committee on Mineral Resources regarding the Mineral and Petroleum Resources Development Amendment Bill, 2013. The CER criticizes the Department of Mineral Resources (DMR) for failing to meaningfully consult civil society and mining-affected communities, identifies numerous drafting errors in the Bill, and provides detailed legal objections to proposed changes concerning environmental authorizations, penalty regimes, and the granting of mining rights.
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Document type: Statement
Policy Tools That Support Transition Into a Green Economy
The document examines how regulations and standards can be used to foster a green economy by either mandating transitions or removing regulatory barriers. It highlights Vancouver's "Green Tape Review" as a successful example of removing obstacles to green technologies, such as green roofs and urban agriculture, through zoning bylaw amendments. The text suggests that a similar proactive review in Manitoba could identify and remove sustainability barriers with minimal opposition compared to imposing higher mandatory standards.
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Document type: Briefing