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SCIENCE, DEMOCRACY, AND FRACKING
The document serves as a guide for citizens and officials to navigate the complexities of unconventional oil and gas development. It outlines the technical process of fracking, identifies critical environmental and social risks—including water contamination, air pollution, and infrastructure strain—and provides a framework for assessing the reliability of scientific information. Additionally, it lists key stakeholders and potential regulatory responses at the federal, state, and local levels, while highlighting case studies of community-led actions in the United States.
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Document type: Guide
Microsoft Word - ERM Sign On Letter Final.docx
A coalition of organizations calls for the suspension of the Keystone XL pipeline review process, alleging that the consulting firm ERM lied on conflict-of-interest forms regarding its relationships with TransCanada and other oil companies involved in Canadian tar sands.
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Document type: Statement
Final Finding and Decision to Hold Competitive Coal Lease Sale Canyon Creek Area near Skwentna, Alaska ADL 553937
Earthjustice and a coalition of environmental and tribal groups are appealing a July 2013 decision by the Alaska Department of Natural Resources (DNR) to lease approximately 13,175 acres for coal in the Canyon Creek area. The appeal argues that the lease is unconstitutional because it grants exploration rights for an indeterminate period, violating the Alaska Constitution's requirement for 'specific periods'. Furthermore, the appellants contend that the DNR ignored the foreseeable impacts of climate change, seismic risks, and severe health hazards to workers and local communities. They also argue that the economic benefits are exaggerated and that the project would cause irreversible damage to salmon habitats and watersheds, citing similar findings from the nearby Chuitna project.
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Document type: Statement
Friends of the Earth statement on US – Europe trade negotiations
Friends of the Earth criticizes the first round of Transatlantic Trade and Investment Partnership (TTIP) negotiations, asserting that the process is secretive and designed to benefit corporate CEOs and financiers. The organization warns that the agreement could lead to the rollback of environmental, food safety, and toxic chemical regulations, and calls for greater transparency and the release of draft negotiating texts to protect government authority to address the climate crisis and manage natural resources.
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Document type: Statement
Protecting The Public From Coal Mine Pollution
Earthjustice filed a lawsuit in 2011 against the U.S. Environmental Protection Agency (EPA) for failing to limit coal mine pollution, including methane, nitrogen dioxide, volatile organic compounds, and soot. Despite the availability of technology to capture or burn methane, the EPA denied a petition in 2013. Subsequently, in 2014, the Obama administration introduced an initiative to reduce methane emissions and tasked the Bureau of Land Management with studying pollution limits.
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Document type: Case study
Commentary to the Draft Investment Chapter of the Canada-EU Comprehensive Economic and Trade Agreement (CETA)
The report examines the draft CETA Investment Chapter, highlighting concerns over the broad definition of 'investment' and 'investor', the inclusion of investor-state dispute settlement (ISDS), and the potential for 'treaty shopping'. It critiques the shift toward a negative listing approach for market access and the lack of clear, closed-list definitions for 'fair and equitable treatment'. The author argues that the proposed frameworks for indirect expropriation and general exceptions provide insufficient protection for legitimate public welfare objectives, such as health and environmental regulations, potentially exposing Canada and EU member states to excessive legal risks.
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Document type: Report
PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SEEKING RELIEF FROM VIOLATIONS OF THE RIGHTS OF ARCTIC ATHABASKAN PEOPLES RESULTING FROM RAPID ARCTIC WARMING AND MELTING CAUSED BY EMISSIONS OF BLACK CARBON BY CANADA
The Arctic Athabaskan Council (AAC) has filed a petition with the Inter-American Commission on Human Rights, arguing that Canada's inadequate regulation of black carbon emissions is causing rapid Arctic warming and melting. This environmental degradation is alleged to violate the human rights of Arctic Athabaskan peoples in Canada and the United States, specifically their rights to culture, property, health, and means of subsistence. The document details the potent warming effect of black carbon, the fragmented nature of Canadian air quality regulations, and the specific ecological and social impacts on Athabaskan communities, including the decline of caribou populations and the loss of traditional knowledge. The petitioners request that the Commission investigate these harms and recommend that Canada implement mandatory measures to limit black carbon emissions.
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Document type: Report
Petition to halt mining on mountain range in Odisha
The Mining Zone Peoples’ Solidarity Group has petitioned the Indian government to stop iron ore mining in the Khandadhar mountain range in Odisha. The group argues that mining by companies such as POSCO and Kalinga Commercial Corporation Limited (KCCL) is causing severe environmental damage, including the pollution of the Khandadhara waterfall and the destruction of vital elephant corridors. The petition highlights the threat to the Pauri Bhuiyan, a Particularly Vulnerable Tribal Group, asserting that mining activities and forced displacement constitute 'ethnocide' and violate the United Nations Declaration on the Rights of Indigenous Peoples.
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Document type: Statement
Reducing the Shale Gas Footprint Through the Center for Sustainable Shale Development: A Good Start, But No Substitute for Tight Federal and State Regulation
The Clean Air Task Force (CATF) has endorsed a set of fifteen water and air protection standards developed with shale gas producers in the Marcellus region, to be overseen by the Center for Sustainable Shale Development (CSSD). These standards include a ban on discharging fracking water to surface waters, a 90% water recycling requirement, and zero gas discharge to the air for wells in production. While CATF views these as the toughest standards globally, it maintains that voluntary industry agreements are not a substitute for government regulation and advocates for federal mandates on carbon capture and storage for natural gas power production.
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Document type: Statement
Indemnisation de l’Expropriation
The document examines the complexities of expropriation compensation, contrasting customary international law—which distinguishes between licit and illicit acts—with BITs, which often apply a uniform standard. It highlights the risks associated with indirect expropriation, where general public interest regulations may trigger high compensation costs. The guide evaluates three primary valuation methods: market value, net book value, and discounted cash flow, noting that the latter is often speculative. It concludes by recommending that states explicitly define indirect expropriation and specify interest rates and payment flexibility in their treaties, citing the SADC model BIT as a reference.
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Document type: Guide
Apakah kredit mempengaruhi deforestasi? Bukti dari Kebijakan Kredit Pedesaan di Amazon, Brazil
The study finds that Resolution 3.545, which conditioned rural credit on environmental compliance, significantly reduced deforestation in the Brazilian Amazon Biome. By restricting access to subsidized credit, the policy prevented the clearing of over 2,700 km2 of forest between 2009 and 2011, primarily affecting livestock-oriented regions where producers are more credit-constrained.
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Document type: Executive summary
Does Credit Affect Deforestation? Evidence from a Rural Credit Policy in the Brazilian Amazon
The document assesses how Resolution 3,545, which conditioned rural credit on environmental compliance, reduced deforestation in the Brazilian Amazon. It finds that the policy led to a significant reduction in credit, particularly for cattle ranching, which in turn prevented over 2,700 km2 of forest clearing. The study highlights that cattle ranchers are more credit-constrained than crop farmers, suggesting that financial resource availability directly influences deforestation rates in the region.
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Document type: Executive summary
Crédito Afeta Desmatamento? Evidência de uma Política de Crédito Rural na Amazônia
The study finds that Resolution 3.545, which required proof of environmental compliance for rural credit, significantly reduced deforestation in the Amazon Biome. The policy prevented the loss of over 2,700 km² of forest by restricting approximately R$ 2.9 billion in credit. This effect was most pronounced in cattle-ranching municipalities, suggesting that livestock producers are more credit-constrained and dependent on subsidized loans to expand production into forested areas compared to agricultural producers.
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Document type: Executive summary
¿El crédito afecta a la deforestación? La evidencia de una política de crédito rural en la Amazonia brasileña
The study finds that Resolution 3.545, which conditioned rural credit on environmental compliance, effectively reduced deforestation in the Brazilian Amazon by restricting funds, particularly for large-scale cattle ranching. Between 2008 and 2011, the policy led to a reduction of approximately 2.9 billion BRL in rural credit, preventing the clearing of over 2,700 km² of forest. The impact was most significant in cattle-dominated municipalities, suggesting that ranchers are more credit-constrained and dependent on subsidized loans for land expansion than crop farmers.
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Document type: Executive summary
Lisa Jackson to Leave EPA: Earthjustice Statement
Earthjustice praises outgoing EPA Administrator Lisa P. Jackson for her role in regulating mercury from power plants and cement kilns, as well as implementing regulations to curb greenhouse gases, despite opposition from industrial polluters and Congress.
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Document type: Statement
Statement of Jack Spadaro, Former Director of the National Mine Health and Safety Academy, Regarding Senate Bill S.3512, the Coal Ash Recycling and Oversight Act of 2012
Former National Mine Health and Safety Academy Director Jack Spadaro opposes Senate Bill S.3512, claiming that relying on independent engineers employed by operators—rather than strict federal regulations—creates a dangerous risk of dam failure. He cites historical disasters in Buffalo Creek and Martin County to illustrate the failure of inadequate oversight and notes an EPA study finding 25% of over 400 coal ash dams are in 'poor' condition without legal requirements for owners to remedy deficiencies.
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Document type: Statement
New Legislation a Dangerous Giveaway to Coal Industry
A coalition of environmental groups criticizes the Coal Ash Recycling and Oversight Act of 2012, claiming it lacks enforceable deadlines for closing coal ash dumps and prohibits the EPA from setting federal safeguards, thereby leaving communities near contaminated sites at risk.
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Document type: Statement
A Good Environment for Jobs
The report argues that investments in clean energy and environmental protection generally create more jobs than the fossil-fuel industries they replace. Through a survey of 36 studies and original analysis using IMPLAN 2009 data, the authors find that non-fossil-fuel sectors have significantly higher job-to-spending ratios. A case study on eliminating coal and nuclear power by 2050 suggests a potential net gain of over 21 million full-time equivalent (FTE) jobs, although it notes that workers in fossil-fuel sectors would face real layoffs and require retraining.
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Document type: Report
Investment Treaty News Quarterly
The July 2012 issue of Investment Treaty News Quarterly explores the tension between investor protections and the regulatory autonomy of states. Key discussions include the use of deferential standards of review to enhance the legitimacy of investor-state arbitration and the risks associated with unilateral offers to arbitrate in national investment codes. The document also analyzes how international investment agreements can clash with the provision of public services and the increasing trend of investors challenging renewable energy feed-in tariffs (FiTs) and domestic content requirements. Additionally, it reviews the European Commission's draft text for investor-state dispute settlement in EU agreements and provides summaries of recent arbitral awards involving countries such as Slovakia, Cuba, Paraguay, Ecuador, and Turkey.
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Document type: Research paper
DECLARATION OF THE WATERBERG NATIONAL PRIORITY AREA
The document is a formal declaration by the Minister of Water and Environmental Affairs designating the Waterberg National Priority Area under the National Environmental Management: Air Quality Act, 2004, due to concerns over ambient air quality and trans-boundary pollution.
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Document type: Statement