Search Climate Insights Directory

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.

This briefing consists of final submissions by Howard Mann, Senior International Law Advisor at the International Institute for Sustainable Development, to the House of Commons Standing Committee on International Trade. It provides a legal critique of the Investment Chapter of the Canada-EU Comprehensive Economic and Trade Agreement (CETA), arguing that the draft text significantly expands corporate rights and restricts the ability of Canadian federal and provincial governments to regulate in areas such as health and the environment.

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.

The Centre for Environmental Rights (CER) provides a set of minimum legal and regulatory requirements for hydraulic fracturing (fracking) in South Africa. The report argues that the proposed fracking regulations published by the Minister of Mineral Resources on 15 October 2013 are inadequate, as they rely primarily on industry standards from the American Petroleum Institute (API) and fail to provide for meaningful public participation or sufficient penalties for non-compliance. The CER advocates for a comprehensive regulatory regime grounded in the South African Constitution and the National Environmental Management Act (NEMA), emphasizing the precautionary principle and the need for a specialized, inter-departmental regulatory unit.

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.

This statement by the Center for International Environmental Law (CIEL), submitted to the U.S. Senate Committee on Finance on October 30, 2013, argues that the proposed Transatlantic Trade and Investment Partnership (TTIP) could undermine public health and environmental protections, particularly regarding toxic chemicals. CIEL warns that mechanisms like regulatory harmonization, mutual recognition, and investor-state dispute settlement (ISDS) may lower safety standards to a 'lowest-common denominator' and chill the development of more protective laws in the U.S., EU, and globally.

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.

A joint submission by several environmental organisations to the Portfolio Committee on Mineral Resources arguing against the MPRDA Amendment Bill's proposal to transfer environmental authorisation and enforcement powers for mining activities to the Department of Mineral Resources (DMR). The authors contend that the DMR lacks the human resource capacity, budget, and track record to implement the National Environmental Management Act (NEMA) and that such a transfer creates an inherent conflict of interest between promoting mining and protecting the environment.

Carroll Muffett, President and CEO of the Center for International Environmental Law (CIEL), provided testimony to the U.S. House of Representatives on July 24, 2013, regarding the Transatlantic Trade and Investment Partnership (TTIP). The statement argues that TTIP could undermine public health and environmental protections, particularly in the chemicals sector, by prioritizing the removal of regulatory barriers over safety standards. Muffett advocates for the retention of national rights to determine health protection levels and the exclusion of investor-state dispute settlement mechanisms.

Carroll Muffett, President and CEO of the Center for International Environmental Law (CIEL), testified before the House Energy and Commerce Committee on July 24, 2013, regarding the Transatlantic Trade and Investment Partnership (TTIP). Representing CIEL, Friends of the Earth, and the Sierra Club, Muffett argued that the U.S. chemical regulation system is inadequate and that TTIP risks weakening existing environmental and health standards in the EU and U.S. states rather than improving them.

This guide by the International Institute for Sustainable Development (IISD) analyzes the legal principles and methods for calculating compensation in cases of expropriation of foreign investments. It examines the differences between customary international law and Bilateral Investment Treaties (BITs), highlighting the challenges of valuing indirect expropriation and the risks associated with various valuation methods used by arbitral tribunals.

The Centre for Environmental Rights (CER) submitted comments on the Mineral and Petroleum Resources Development Amendment Bill, 2012, arguing that while the application of the National Environmental Management Act (NEMA) to mining is welcome, the Bill fails to adequately protect community rights, ensure transparency, or establish a fair penalty system.

This executive summary evaluates the impact of Resolution 3.545, a 2008 Brazilian Central Bank policy that conditioned rural credit in the Amazon biome on compliance with environmental regulations. The study finds that the policy significantly reduced rural credit disbursement, particularly for large-scale livestock producers, which in turn led to a measurable decrease in deforestation between 2008 and 2011.

The Center for International Environmental Law (CIEL) provides comments on a Revised Legal Analysis by the Basel Convention's Secretariat regarding hazardous wastes generated on board ships. CIEL argues that the Secretariat's analysis creates loopholes by excluding non-Marpol wastes generated on ships from the Convention's transboundary movement (TBM), generation, and environmentally sound management (ESM) obligations. CIEL proposes alternative interpretations based on the Vienna Convention on the Law of Treaties (VCLT), emphasizing that both coastal State jurisdiction (in internal waters, territorial seas, and EEZs) and flag-State jurisdiction (including on the high seas) should trigger Basel obligations for non-Marpol wastes.

The Centre for Environmental Rights (CER) submitted comments on the Draft Second Edition of the National Water Resource Strategy (draft NWRS2) to the Portfolio Committee on Water and Environmental Affairs. The CER evaluates the draft against its own 2012 report, 'Stop Treading Water', highlighting areas of alignment and critical gaps in governance, institutional stability, and regulatory enforcement within South Africa's water sector.

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.

This report by the International Institute for Sustainable Development (IISD) examines the legal complexities of 'indirect expropriation' in international investment law. It analyzes how the lack of a precise definition in treaties allows arbitral tribunals to apply varying criteria—such as the 'sole effect doctrine' or proportionality—which can conflict with a state's sovereign right to regulate for the public interest, including health, environment, and human rights.

The Centre for Environmental Rights (CER), acting for groundWork and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Department of Environmental Affairs on 31 January 2012. The document objects to proposed amendments to the National Environmental Management: Air Quality Act, 2004’s list of activities resulting in atmospheric emissions, arguing that the changes generally relax emission limits, extend compliance time-frames, and were developed through a non-transparent process that favored industry representatives over affected communities.

H.R. 2401, titled the 'Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011', is a bill that proposes the creation of a presidential committee to analyze the cumulative and incremental economic and operational impacts of specific Environmental Protection Agency (EPA) rules and actions on energy and manufacturing in the United States.

A budget vote speech delivered by Minister Shabangu on 2 June 2011, outlining the Department of Mineral Resources' budget for the 2011/12 financial year, regulatory reforms to the MPRDA and Mine Health and Safety Act, the launch of a state-owned mining company, and specific environmental interventions regarding the Karoo and derelict mines.