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SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015
The Centre for Environmental Rights (CER), representing several environmental justice alliances, submitted a formal objection to the Department of Environmental Affairs' draft Air Quality Offsets Guideline (January 2015). The CER argues that the proposed offsets are actually forms of compensation that lack a legislative framework and could be used by polluters to avoid legal compliance with emission standards.
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vaal Environmental Justice Alliance, filed an appeal on May 28, 2015, against the atmospheric emission licence (AEL) FDDM-MET-2011-08-P1 issued to Eskom's Lethabo Power Station. The appeal argues that the Fezile Dabi District Municipality failed to consider critical health impacts and ambient air quality standards when varying the AEL to incorporate the National Air Quality Officer's (NAQO) decisions to postpone compliance with Minimum Emission Standards (MES).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network, filed an appeal on May 20, 2015, against the atmospheric emission licence (AEL) issued to Eskom's Camden Power Station. The appeal argues that the Gert Sibande District Municipality failed to consider the severe health impacts and poor air quality of the Highveld Priority Area (HPA) when granting emission limit postponements that allow pollutants to exceed national minimum emission standards (MES).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015
This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network. The appeal challenges the variation of the Atmospheric Emission Licence (AEL) for Eskom's Hendrina Power Station, issued by the Nkangala District Municipality on 31 March 2015. The appellants argue that the AEL improperly incorporates postponements of Minimum Emission Standards (MES) granted by the National Air Quality Officer, thereby permitting pollution levels that exceed national standards in a declared priority area with already compromised air quality.
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Document type: Report
SUBMISSIONS ON THE DRAFT AIR QUALITY MANAGEMENT BY-LAW
The Centre for Environmental Rights (CER) provides detailed legal submissions on a draft Air Quality Management By-law, advocating for stronger public participation, mandatory rather than discretionary emission standards, and the removal of 'rectification' provisions for unlawful activities.
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Document type: Statement
Styrmedel och andra insatser för att minska svensk konsumtions påverkan på hälsa och miljö i andra länder
This research paper, produced by the Stockholm Environment Institute for the Swedish Environmental Protection Agency (Naturvårdsverket), examines policy instruments and interventions to reduce the negative impacts of Swedish consumption on health and the environment in other countries. It focuses on the international dimension of Sweden's 'generational goal' (generationsmålet), identifying key 'hotspots' such as electronics from China and soy from Brazil, and proposing a mix of economic, administrative, informative, and collaborative measures to drive systemic change toward sustainable consumption.
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Document type: Research paper
S24G and Similar Listings
This guide provides a framework for identifying 'similar listings' across different iterations of South African environmental legislation to determine if pending or unlawful activities can be authorized under current regulations. It specifically addresses the transition between the Environment Conservation Act (ECA), the National Environmental Management Act (NEMA), and the 2014 EIA Regulations (GNR 982, 983, 984, and 985).
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Document type: Guide
PREEMPTING THE PUBLIC INTEREST
This report by the Center for International Environmental Law (CIEL) analyzes how the proposed Regulatory Cooperation chapter of the Trans-Atlantic Trade and Investment Partnership (TTIP) agreement could undermine the authority of US states to implement public health and environmental protections. The author argues that the agreement's goals of regulatory convergence and compatibility would effectively create a regulatory ceiling, preventing states from adopting standards more protective than federal minimums, particularly regarding toxic chemicals and pesticides.
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Document type: Report
NATIONAL EXEMPTION REGULATIONS, 2014
The National Exemption Regulations, 2014, establish the formal process for applying for and processing exemptions from the National Environmental Management Act, 1998, its regulations, or related notices. The regulations detail the submission requirements, public participation mandates, and the decision-making timelines for the Minister of Environmental Affairs, the Minister responsible for mineral resources, or the MEC.
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Document type: Guide
The State of Play in Vattenfall v. Germany II: Leaving the German public in the dark
This briefing note by the International Institute for Sustainable Development examines the Vattenfall v. Germany II arbitration case, focusing on the lack of transparency regarding Germany's decision to phase out nuclear power and the resulting financial claims by Vattenfall.
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Document type: Briefing
CIEL Statement on Release of TTIP Chemicals Documents by European Commission
The Center for International Environmental Law (CIEL) expresses concern over the lack of transparency in the Trans-Atlantic Trade and Investment Partnership (TTIP) negotiations, arguing that the European Commission's disclosure of chemicals documents is insufficient and fails to address key chapters that could undermine toxic chemical regulations.
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Document type: Statement
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
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
Open letter to Environmental Affairs Minister Edna Molewa on talks with Sasol
An open letter from 11 civil society and community organisations to South Africa's Minister of Environmental Affairs, Edna Molewa, urging the government to reject requests for exemptions from air pollution standards by Sasol and the National Petroleum Refiners of SA (Natref).
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Document type: Statement
Trans-Atlantic Trade and Investment Partnership (TTIP) Environmental Review
The Center for International Environmental Law (CIEL) submitted a statement to the Office of the United States Trade Representative (USTR) arguing that the Trans-Atlantic Trade and Investment Partnership (TTIP) could undermine environmental and public health protections. CIEL expresses concern that 'regulatory coherence' mechanisms and the prioritization of trade impacts over public interest could create a 'chilling effect' on the development of new laws and the implementation of existing ones, particularly regarding toxic chemicals, endocrine disruptors, and nanomaterials.
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Document type: Statement
Toxic Partnership Revealed
A policy brief by the Center for International Environmental Law analyzing a leaked 'chemicals annex' from the European Commission regarding the Trans-Atlantic Trade and Investment Partnership (TTIP). The document argues that the proposed regulatory cooperation favors chemical industry interests over public health and environmental protections, potentially freezing the implementation of stronger laws and erasing the more protective standards currently found in the EU.
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Document type: Policy brief
Toxic partnership
A critique of the ACC-CEFIC proposal for chemical regulatory cooperation under TTIP, arguing that the industry seeks to lower safety standards, bypass democratic oversight, and delay the regulation of toxic substances by exploiting differences between EU and US laws.
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Document type: Report
Toxic partnership
This report by the Center for International Environmental Law (CIEL) critiques a joint proposal by the American Chemistry Council (ACC) and the European Chemical Industry Council (CEFIC) regarding regulatory cooperation on chemicals within the Trans-Atlantic Trade and Investment Partnership (TTIP). CIEL argues that the industry's proposals are designed to exploit regulatory differences between the US and EU to slow the regulation of toxic chemicals, bypass democratic processes, and prioritize commercial interests over public health and environmental safety.
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Document type: Report
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
MINIMUM REQUIREMENTS FOR THE REGULATION OF ENVIRONMENTAL IMPACTS OF HYDRAULIC FRACTURING IN SOUTH AFRICA
This position statement by the Centre for Environmental Rights (CER) outlines the minimum legal and regulatory requirements necessary to govern the environmental impacts of hydraulic fracturing (fracking) in South Africa. The document argues that current proposed regulations under the Mineral and Petroleum Resources Development Act (MPRDA) are inadequate, as they lack binding obligations, rely too heavily on industry standards, and ignore critical water and environmental legislation. The CER advocates for a comprehensive regime aligned with the Constitution and the National Environmental Management Act (NEMA), emphasizing the precautionary principle, public transparency, and the establishment of a specialized inter-departmental regulatory unit.
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Document type: Report