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The report examines how NAFTA's Chapter 11 shifts international investment law from protecting investors against egregious state acts to creating broad private economic rights. It argues that the current framework lacks transparency and institutional legitimacy, potentially creating a 'regulatory chill' where governments fear enacting environmental or health laws due to the risk of expensive compensation claims. The authors suggest that the 'scale of impact' test used in cases like Metalclad effectively eliminates the traditional 'police powers' rule, which previously exempted non-discriminatory public welfare regulations from being classified as expropriation. The document recommends amending Chapter 11 to include sustainable investment mandates and clearer carve-outs for legitimate public regulation.

The document argues that NAFTA's Chapter XI creates a system of international economic rights for private investors that can override national public welfare regulations. It analyzes key disciplines—national treatment, minimum standard of treatment, performance requirements, and expropriation—concluding that broad interpretations by arbitral tribunals risk creating 'regulatory chill' and undermining environmental management. The author criticizes the lack of transparency and institutional legitimacy in the investor-state dispute settlement process and proposes amendments to promote sustainable investment and protect the state's right to regulate.

The report argues that NAFTA's Chapter 11 has evolved from a defensive mechanism to an offensive strategic tool used by foreign investors to challenge public welfare and environmental laws. It identifies significant substantive uncertainties regarding national treatment, performance requirements, and expropriation, which may force governments to pay damages for non-discriminatory environmental measures. The authors recommend the adoption of a legally binding interpretive statement by the NAFTA parties to clarify these disciplines and a shift toward greater transparency in the arbitration process to restore democratic legitimacy.

The report argues that NAFTA's Chapter 11, while intended to protect foreign investors, has become an 'offensive strategic tool' used to challenge environmental laws in Canada, Mexico, and the United States. The authors highlight that broad definitions of 'measures' and 'investments,' combined with a secretive arbitration process (the 'Cone of Silence'), create a 'regulatory freeze' where governments fear adopting new environmental protections due to potential compensation claims. To mitigate this, the report recommends that NAFTA parties adopt a legally binding interpretive statement to clarify non-discrimination and expropriation disciplines, and increase transparency in the dispute process to restore democratic legitimacy.

This document is an excerpt from the Official Journal of the Republic of Senegal, dated June 13, 1970. The primary focus is Ministerial Order No. 5170 P.M. of May 12, 1970, which establishes the internal regulations for the Basse Casamance National Park, detailing restrictions on access, activities, and environmental protection.

A statement from Natural Justice providing comments and recommendations on the Kilifi County Solid Waste Management Bill, 2019, focusing on administrative oversight, environmental licensing, and penalty structures.

The Alliance for Rural Electrification (ARE) has introduced Circularity Guidelines to address the growing volume of end-of-life batteries resulting from the expansion of distributed renewable energy (DRE) systems in Africa and other low- and middle-income countries. The guidelines aim to prevent the public health and environmental risks associated with substandard recycling practices, particularly for lead-acid batteries, by providing a framework for quality procurement, maintenance, take-back schemes, and certified recycling. The document calls on stakeholders—including developers, manufacturers, and investors—to endorse these standards and implement them within two years.

This policy brief examines the impact of Chinese investments in Tanzania's plastic recycling industry and the subsequent effects of China's 2018 import ban on waste materials. It highlights how Chinese firms have facilitated technology transfer and local business growth, while also noting significant environmental and health risks and a potential decline in local waste sourcing due to the import of cleaner waste from Europe and the US.

The document lists key climate-related votes in the U.S. Congress between 2003 and 2011 used to determine if legislators support or reject climate science. In the House, votes on the Energy Tax Prevention Act of 2011, the American Clean Energy and Security Act, and various amendments regarding EPA authority and intelligence estimates were used. In the Senate, criteria included votes on the Climate Security Act, the Climate Stewardship Act, and resolutions concerning the EPA's Endangerment Finding and global warming pollution limits.

The U.S. electric power system is transitioning away from coal, with coal's share of total generation dropping below 40% for the first time since 1978 in late 2011. While some companies attribute plant retirements to EPA regulations like the Mercury and Air Toxics Standards (MATS), the document argues that market forces—including low natural gas prices and the competitiveness of renewables—are the primary drivers.

The document examines the resource requirements and social implications of Direct Air Capture (DAC) in the U.S., arguing that while onsite emissions are minimal, responsible scaling requires inclusive decision-making and equity-focused policies to ensure benefits, such as job creation, are distributed fairly.

The testimony argues that carbon capture and storage (CCS) is essential for mitigating climate change given that coal is responsible for over 40 percent of global CO2 emissions. The author calls for a global network of 15 to 20 demonstrations to move the technology from the 'valley of death' into commercialization, noting that technical understanding is already adequate for large-scale projects. A significant focus is placed on China, where coal-related emissions may reach 51 percent of the world's total by 2030, necessitating joint public-private partnerships and research exchanges. The document highlights existing initiatives like the Carbon Sequestration Leadership Forum and the Global CCS Institute, while recommending that the U.S. formalize partnerships with the UK, EU, China, and Australia to avoid duplication and share regulatory knowledge.

The World Resources Institute (WRI) challenges the Edison Electric Institute's (EEI) claim that the U.S. Environmental Protection Agency (EPA) is imposing an unworkable 'onslaught' of new requirements on power plants. WRI asserts that the EEI timeline is misleading because it conflates procedural events, existing obligations, and state-level standards with new compliance requirements. WRI argues that the EPA is pursuing a realistic timeline to bring the industry into compliance with the Clean Air Act and other statutes, providing a necessary pathway for investments in a cleaner electric generation fleet.

The document argues that open data—datasets freely available for use and redistribution—is essential for a coordinated, whole-of-society response to climate change. It identifies five primary benefits of open data: improved data coordination and quality, more informed decision-making, the creation of novel partnerships, the democratization of climate modeling, and enhanced monitoring of policies and programs. The paper draws on a literature review, expert consultations, and pilot projects in Chile and Uruguay (conducted between August 2019 and August 2020) to provide a methodology for stakeholders to assess and improve the openness of climate-relevant datasets.

The document examines the consequences of environmental and social risk management in overseas investments through six case studies of multinational companies. It argues that strong risk management benefits companies, while failure leads to financial loss and reputational damage. It provides specific strategic advice for Chinese companies to mitigate these risks by adhering to host country laws, understanding local cultures, engaging stakeholders, and adopting international best practices. Additionally, it offers policy recommendations for the Chinese government, financial institutions, NGOs, and media to improve the oversight and impact of China's outward foreign direct investment.

The report introduces the "Ecoflation" scenario, where environmental costs are internalized into business operations due to policy and resource constraints. For FMCG companies that do not adapt, the report estimates significant reductions in earnings before interest and taxes (EBIT), ranging from 13-31% by 2013 and 19-47% by 2018. The analysis highlights the volatility of commodity prices and the degradation of natural ecosystems, suggesting that companies must implement structural changes, such as product innovation and restructured value chains, to mitigate these risks.

Following a 2007 Supreme Court ruling and a 2009 EPA finding that greenhouse gases (GHGs) endanger public health and welfare, the EPA is positioned to regulate GHGs under the Clean Air Act. Potential regulatory paths include emission performance standards for motor vehicles and performance or technology standards for stationary sources like power plants and factories. While such regulations may increase production costs for some manufacturers, they could lower consumer costs through improved fuel and electricity efficiency. The document notes that EPA action could overlap or conflict with future congressional legislation unless statutory authority is clearly defined.

The report argues that the deployment of commercial-scale carbon capture and storage (CCS) depends significantly on local community acceptance and the quality of the engagement process. It emphasizes that effective engagement is measured by the success of the process itself, rather than whether all parties agree on the project's outcome. The guidelines are designed for three primary stakeholders: project developers, regulators, and local decision-makers, aiming to move beyond simple public education toward a culture of two-way communication to ensure local values and ecosystems are respected while pursuing climate mitigation goals.