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Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others (#DeadlyAir Judgment, Supreme Court of Appeal) – 11 April 2025
This briefing details a judgment by the Supreme Court of Appeal (SCA) delivered on 11 April 2025, which affirmed that poor air quality in South Africa's Highveld Priority Area breaches constitutional rights. The court ruled that the Minister of Environmental Affairs has a legal duty to prescribe regulations under section 20 of the National Environmental Management: Air Quality Act 39 of 2004 (NEM:AQA) to implement and enforce the Highveld Priority Area Air Quality Management Plan, finding that the Minister had unreasonably delayed in doing so.
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Document type: Briefing
Eskom’s Kendal Power Station Exceedances of Applicable Atmospheric Emission License Limit Values for Particulate Matter from April 2016 to March 2020
A technical review by Dr. Ranajit Sahu for the Centre for Environmental Rights analyzing particulate matter (PM) emissions at Eskom’s Kendal Power Station from April 2016 to March 2020. The report finds thousands of exceedances of the Atmospheric Emission License (AEL) limit, noting a significant increase in frequency starting in April 2018 and criticizing the failure of electrostatic precipitators and the quality of Eskom's emissions reporting.
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Document type: Report
Green Bond Fact Sheet
A Green Bond Fact Sheet detailing a USD 300 million green bond issued by Shui On Development (Holding) Limited on November 12, 2019, to fund green buildings and pollution control.
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Document type: Fact sheet
SUBMISSIONS ON ARCELORMITTAL VANDERBIJLPARK WORKS’ APPLICATION FOR A POSTPONEMENT AND ALTERNATIVE PLANT STANDARDS OF THE LISTED ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS
A formal submission by the Vaal Environmental Justice Alliance (VEJA) and groundWork (gW) objecting to ArcelorMittal South Africa's (AMSA) application for postponements and alternative emission standards at its Vanderbijlpark Works facility.
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Document type: Statement
Green Bond Fact Sheet
A Green Bond Fact Sheet detailing a EUR 500 million senior unsecured green bond issued by Sumitomo Mitsui Trust Bank on September 25, 2018, with a maturity date of September 25, 2020.
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Document type: Fact sheet
Green Bond Fact Sheet
China Jushi Co., Ltd. issued a CNY200m (USD31m) green bond on May 7, 2018, to fund a 12-ton Melt Glass Fibre Production Line. The project aims to improve energy efficiency by 27.3% and significantly reduce emissions, specifically cutting NOx emissions by 99% and air pollution by over 80% through the use of pure nitrogen gas for combustion.
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Document type: Fact sheet
Green Bond Fact Sheet
This fact sheet details a TWD 1 billion green bond issued by Hua Nan Commercial Bank on April 25, 2018, with a three-year tenor and a maturity date of April 25, 2021.
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Document type: Fact sheet
Green Bond Fact Sheet
A fact sheet detailing a EUR 400 million green bond issued by Tianjin Rail Transport on March 22, 2018, to fund urban rail infrastructure and related environmental improvements.
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Document type: Fact sheet
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
SUBMISSIONS REGARDING THE REVIEW OF THE 2012 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA
The Centre for Environmental Rights (CER), representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on 16 April 2013 regarding the draft 2012 National Framework for Air Quality Management in South Africa. The CER argues that the Department of Environmental Affairs (DEA) failed to follow prescribed review processes, ignored legislative obligations from the 2007 Framework, and provided insufficient support to municipalities for air quality management.
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Document type: Statement
SUBMISSIONS ON THE DRAFT NATIONAL DUST CONTROL REGULATIONS PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)
The Centre for Environmental Rights, acting on behalf of groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on 5 February 2013 regarding the draft National Dust Control Regulations published on 7 December 2012 under the National Environmental Management: Air Quality Act, 2004 (AQA). The submission argues for stronger protections for vulnerable populations, more rigorous monitoring standards, and the inclusion of government entities in enforcement.
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Document type: Statement
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
Emissions
This guide, part of the Foundation Course on Air Quality Management in Asia, provides a comprehensive technical framework for developing emissions inventories and implementing control measures for air pollutants. It details the methodologies for quantifying emissions from stationary, area, and mobile sources, evaluates various international software tools for inventory compilation, and describes the physical and chemical processes used to control particulate and gaseous emissions.
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Document type: Guide
Study on options for global control of mercury
This report, prepared by the Center for International Environmental Law (CIEL) for the United Nations Environment Programme (UNEP), analyzes various voluntary and legally binding international options to reduce risks to human health and the environment from mercury pollution. It evaluates these options against seven global priorities, including reducing atmospheric emissions, managing mercury waste, and curbing global supply.
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Document type: Report
GENERAL POLICY IN TERMS OF THE ENVIRONMENT CONSERVATION ACT 73 OF 1989
The General Policy in terms of the Environment Conservation Act 73 of 1989 is a South African government statement establishing a framework for environmental management. It defines the principles of sustainable development, assigns accountability to government institutions, and outlines specific policy goals across sectors including land use, pollution control, nature conservation, and energy.
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Document type: Statement
CHLORINE AND THE PAPER INDUSTRY
This case study examines the conflict between the U.S. pulp and paper industry, the Environmental Protection Agency (EPA), and Greenpeace over the use of chlorine in bleaching processes. The central tension involves the production of toxic organochlorines, specifically dioxins, and the debate over whether the industry should move toward elemental chlorine-free (ECF) or totally chlorine-free (TCF) technologies. The document details the 'cluster rule' regulatory approach and the economic and environmental trade-offs associated with different bleaching standards.
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Document type: Case study
2014-05-30-fa27-unresolved-matters-for-wg2-b2f71f4b9934e3eb.pdf
This briefing document details the proceedings of a technical working group meeting on April 28, 2009, regarding unresolved air quality emission standards for various industrial categories. It records disputes and agreements between government representatives (DEAT, DEADP), industry bodies (SAISI, RMEF, FAPA, ACMP), and NGOs (LRC, Groundwork) over specific pollutant limits for NOx, SO2, particulate matter (PM), and heavy metals.
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Document type: Briefing
2014-05-30-fa3-gn-893-of-22-november-2013-8f0fcea586f20225.pdf
This government notice, published on 22 November 2013, amends the list of activities resulting in atmospheric emissions that may have significant detrimental effects on the environment, health, social, economic, ecological, or cultural conditions. Issued by the Minister of Water and Environmental Affairs under the National Environmental Management: Air Quality Act, 2004, the document establishes minimum emission standards (MES) for ten industrial categories, including combustion installations, the petroleum industry, and metallurgical processes. It defines compliance timeframes for new and existing plants, monitoring requirements, and reporting protocols to the National Air Quality Officer.
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Document type: Report
2014-05-30-fa37-dea-briefing-document-on-s21-10-2009-44ef770185540c93.pdf
This October 2009 briefing document from the South African Department of Environmental Affairs outlines the logic, guiding principles, and stakeholder responses regarding the establishment of 'Listed Activities' and their associated minimum emission standards under the National Environmental Management: Air Quality Act (AQA). It details the transition from the older Atmospheric Pollution Prevention Act (APPA) to the AQA, the technical process for setting standards via the South African Bureau of Standards (SABS), and the department's refusal to allow 'grandfathering' for old industrial plants.
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Document type: Briefing
2014-05-30-fa5-national-framework-75c8ca9b70909c3a.pdf
The 2007 National Framework for Air Quality Management is a regulatory blueprint established by the South African Minister of Environmental Affairs and Tourism under Section 7(1) of the National Environmental Management: Air Quality Act, 2004 (AQA). It provides a medium- to long-term plan to implement the AQA, focusing on pollution prevention at source and impact management to ensure ambient air is not harmful to health or well-being.
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Document type: Report