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For EPA Regulations, Cost Predictions Are Overstated
The document asserts that environmental regulations in the United States generally cost far less than predicted by industry and the EPA, while providing substantial economic and public health benefits. It challenges claims that such regulations cause widespread job losses or force firms to relocate to 'pollution havens,' citing data that environmental spending creates jobs and that actual compliance costs are often lowered by technological innovation.
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Document type: Fact sheet
Response to EEI’s Timeline of Environmental Regulations
The World Resources Institute (WRI) challenges a timeline produced by the Edison Electric Institute (EEI), asserting that the EPA is pursuing a realistic regulatory schedule for the electric power sector. WRI contends that many items on the EEI timeline are procedural or existing obligations rather than new requirements. The document highlights significant 'regulatory lag time,' noting that the industry has had years or decades of notice for most pollutants. It emphasizes that finalizing these rules under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act is essential for public health and provides the investment certainty needed for a 21st-century power fleet.
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Document type: Fact sheet
U.S. Government Policymaking on Climate Change
The briefing analyzes the shift in U.S. climate policy from a focus on national cap-and-trade legislation toward regulatory agency actions, subnational initiatives, clean-tech funding, and international trade issues. It argues that while a national mandatory system is unlikely in the short term, climate action is diversifying across administrative, local, and trade-related channels.
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Document type: Briefing
Regulatory Roulette: The NRC’s Inconsistent Oversight of Radioactive Releases from Nuclear Power Plants
The Union of Concerned Scientists reports that the NRC has inconsistently enforced safety regulations for radioactive releases, allowing numerous accidental leaks to occur without sanction. While the NRC previously issued sanctions for monitoring and control failures, the report claims the agency has tolerated 27 accidental releases over a four-year period with impunity, effectively breaching its safety contract with the public.
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Document type: Report
CCS in China: Toward an Environmental, Health, and Safety Regulatory Framework
The document argues that while China has political support and some adaptable laws for CCS, it lacks a comprehensive regulatory framework for geologic storage. It proposes eight key criteria for such a framework, including site-specific data for selection, adaptive monitoring plans, and clear post-closure stewardship. The brief highlights the role of various Chinese ministries and suggests a pilot regulatory approach to manage technical uncertainties.
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Document type: Policy brief
Protecting The Public's Right To Know About Oil Dispersants
Following the 2010 Macondo well blowout, Earthjustice filed a Freedom of Information Act lawsuit to reveal the secret ingredients of oil dispersants, challenging the use of 'confidential business information' to hide safety data. A subsequent report identified that among 57 ingredients in eligible dispersants, five are linked to cancer, 33 to skin irritation, 33 to eye irritation, 11 to respiratory toxins, and 10 to kidney toxins, while others pose risks to aquatic organisms and fish. Earthjustice is further petitioning the EPA for comprehensive toxicity testing, disclosure standards, and deliberative limits on dispersant use.
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Document type: Case study
Bleeding Gulf Is Evidence of Corruption in Oil Drilling Oversight
Earthjustice asserts that the Minerals Management Service (MMS) was corrupted by its proximity to the oil industry, leading to lax oversight and the approval of inadequate spill response plans for BP in the Gulf of Mexico. The organization warns that similar failures threaten the Arctic Ocean, where Shell Oil is poised to drill in the Chukchi and Beaufort seas. Earthjustice argues that an Arctic spill would be harder to contain than the Gulf spill due to icy waters and a lack of infrastructure. The document calls for the Obama administration to stop Arctic drilling until better response plans and scientific data are available, and advocates for a transition toward clean renewable energy and conservation.
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Document type: Statement
Climate Change and International Investment Agreements: Obstacles or opportunities?
The paper examines the tension between international investment law and climate action, arguing that common investor protections can hinder environmental regulation. It suggests specific drafting changes to IIAs to preserve policy space and explores using the Kyoto Protocol's Clean Development Mechanism as a model for promoting green investment.
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Document type: Research paper
Sustainable China Trade Strategy Project
The document argues that China's reliance on resource-intensive, low-tech exports has created an environmental reputation that now acts as an economic liability. It analyzes the impact of Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary (SPS) measures from the EU, US, and Japan, noting significant financial losses in the mechanical, electrical, textile, and agricultural sectors. The paper highlights the rise of private voluntary standards (such as ISO 14001 and HACCP) as de facto conditions of sale and recommends that the Chinese government strengthen its domestic standards regime, improve information dissemination to exporters, and foster partnerships with the private sector to transition toward a sustainable trade model.
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Document type: Research paper
TASK TEAM ON MINING IN SENSITIVE AREAS: SUPPORT FROM NON-GOVERNMENT AND CIVIL SOCIETY ORGANISATIONS
The Minister of Water and Environmental Affairs acknowledges a proposal for collaboration from the Centre for Environmental Rights but declines a meeting until interdepartmental disputes between the Department of Environmental Affairs and the Department of Mineral Resources are resolved. The document details the failed attempt to create a single environmental management system via the 2008 amendments to NEMA and the MPRDA, noting that the Minister of Mineral Resources has not yet brought the MPRDA Amendment Act into effect. An interdepartmental task team is currently reviewing whether to implement the 2008 agreement as is, amend it to transfer functions to environmental authorities, or pursue alternative alignment. The Minister indicates that future opportunities for civil society contribution may arise following the finalisation of Delivery Agreements by September 2010 to identify areas where mineral development could be restricted under Section 49 of the MPRDA.
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Document type: Statement
China’s Electrical Power Sector, Environmental Protection and Sustainable Trade
The document examines China's heavy reliance on coal-fired power, which makes it a global leader in sulphur dioxide and carbon dioxide emissions. It analyzes the 'big up/small down' strategy to replace inefficient small thermal units with larger, cleaner ones and reviews international best practices—including carbon taxes, feed-in tariffs, and emission trading—to suggest policy options for China to reduce its carbon intensity and protect its exports from future climate-related trade barriers.
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Document type: Research paper
In Search of Aluminum: China's Role in the Mekong Region
The document examines China's role in the bauxite mining sectors of Cambodia, Laos, and Vietnam. It highlights that while China is a dominant investor in Laos and involved in construction in Vietnam, the region faces significant challenges including bureaucratic inefficiency, lack of public information, and potential transboundary environmental impacts on river systems like the Sekong River. The brief also notes that the availability of cheap hydropower is a critical factor for establishing a full aluminum value chain in the region.
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Document type: Policy brief
Background paper on Vattenfall v. Germany arbitration
The document analyzes the 2009 arbitration brought by Swedish utility Vattenfall against Germany over environmental restrictions on a coal-fired power plant in Hamburg. It explains the legal mechanisms of the Energy Charter Treaty and the International Centre for the Settlement of Investment Disputes (ICSID), contrasting international investment law's broad protections—such as 'fair and equitable treatment' and 'regulatory expropriation'—with the more restrictive protections under German domestic law. The author argues that such arbitration can create a 'regulatory chill,' hindering the implementation of environmental policies and EU directives.
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Document type: Report
REGULATIONS FOR IMPLEMENTING AND ENFORCING THE VAAL TRIANGLE AIR-SHED PRIORITY AREA AIR QUALITY MANAGEMENT PLAN
The Vaal Triangle Priority Area AQMP Implementation Regulations, 2009, establish the legal framework for implementing and enforcing the Vaal Triangle Air-shed Priority Area Air Quality Management Plan (VTAQMP). The regulations mandate that identified stakeholders submit and periodically review emission reduction strategies to ensure ambient air quality objectives are met.
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Document type: Guide
Trade and Development: The rising importance of sustainable development in the trade agenda of Peru
The report examines the integration of sustainable development into Peru's trade policies, noting that external pressures from the EU and the US-Peru FTA drove the adoption of environmental and social clauses. While these clauses were accepted by the state to secure economic liberalization, they are viewed as opportunities by NGOs and labor unions. Implementation is hindered by labor market informality and institutional weakness, while the trade framework now shapes domestic debates on energy and agriculture.
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Document type: Report
Trade and Development: The rising importance of sustainable development in the trade agenda of Brazil
The report examines how sustainable development issues are increasingly integrated into Brazil's trade and investment agendas despite official government resistance to linking these issues in multilateral negotiations. It highlights the role of agro-industrial sectors, international investment, and domestic political evolution in driving this shift, while noting the pressure from developed countries' unilateral standards.
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Document type: Report
Trade and Development: The rising importance of sustainable development in the trade agenda of Chile
Chile has actively integrated environmental and labor clauses into many of its free trade agreements, driven by foreign policy coherence, partner demands, and a desire to improve international competitiveness. However, these commitments are not reflected in its foreign direct investment (FDI) policies, and climate change is only beginning to be recognized as a significant trade factor. The report notes that deficiencies in national labor and environmental compliance persist, and suggests that Chile faces a risk of becoming a destination for carbon-intensive industries as developed nations reduce their own emissions.
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Document type: Report
Trade and Development: The rising importance of sustainable development in the South American trade agenda
The report examines the shift in South American countries from a defensive posture toward sustainable development in trade to the acceptance of environmental and labor chapters in free-trade agreements. It identifies vulnerabilities stemming from resource-intensive exports and informal labor, warns of high adaptation costs for new technical standards, and highlights the tension between attracting investment and preventing the transfer of carbon-intensive industries.
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Document type: Report
Global Europe: The tyranny of “free trade”, the European way
The document analyzes the 'Global Europe' strategy, which shifts the EU from multilateralism toward 'WTO+' bilateral free trade agreements. It argues that this approach focuses on 'competitiveness' and securing raw materials, often at the expense of social and environmental protections in the Global South. The report details negative impacts in Central America, Africa, the Caribbean, and Asia, specifically highlighting threats to food sovereignty, the displacement of peasant communities for agrofuels, and the erosion of domestic policy space through the liberalization of services and government procurement.
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Document type: Report
Europa Global: los verdaderos intereses de la estrategia comercial de la UE para someter a los pueblos a la tiranía del “libre comercio”
The report analyzes the 'Global Europe' strategy as a political and economic tool used by the EU to secure access to raw materials, energy reserves, and open markets in Africa, Asia, and Latin America. It argues that 'Association Agreements' go beyond trade in goods to include the liberalization of services, investments, and government procurement, which the author claims undermines the sovereignty of developing nations. The document highlights specific negative impacts, such as the promotion of agrofuels in Central America, the pressure on African nations to sign Economic Partnership Agreements (EPAs) to maintain tariff preferences, and the role of European financial institutions like the European Investment Bank in funding extractive projects. It concludes that the strategy prioritizes corporate competitiveness over human rights and environmental sustainability.
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Document type: Report