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Promoting Public Participation in Climate Policies
This briefing note from the Center for International Environmental Law outlines opportunities to enhance public participation and access to information within the UNFCCC process, specifically during the 48th Session of the Subsidiary Bodies. It argues that integrating procedural rights into the implementation guidelines of the Paris Agreement is essential for effective climate action and alignment with the Sustainable Development Goals.
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Document type: Briefing
PUBLIC HEARINGS IN RESPECT OF THE GENERATION LICENCE APPLICATIONS FOR THE PROPOSED KHANYISA AND THABAMETSI INDEPENDENT POWER PRODUCER COAL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER) submitted a letter to the National Energy Regulator of South Africa (NERSA) on 6 March 2018, requesting procedural details for public hearings regarding generation licence applications for the proposed Khanyisa and Thabametsi coal-fired power stations.
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Document type: Statement
RECOMMENDATIONS REGARDING THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT: NATIONAL APPEAL REGULATIONS, 2014
The Centre for Environmental Rights (CER) submitted recommendations to the Department of Environmental Affairs to amend the National Environmental Management Act (NEMA): National Appeal Regulations, 2014. The CER argues that the current regulations may violate the right to just administrative action under the Constitution and the Promotion of Administrative Justice Act, 2000 (PAJA), specifically regarding restrictive timeframes and procedural fairness for interested and affected parties (I&APs).
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Document type: Statement
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
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on 21 February 2014 regarding the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The submission primarily argues that the draft regulations fail to ensure adequate public access to atmospheric emission data and provides recommendations to align the regulations with constitutional rights to information and a healthy environment.
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Document type: Statement
HUMAN RIGHTS ANALYSIS OF THE DOHA GATEWAY (UNFCCC 18TH CONFERENCE OF THE PARTIES)
This report by the Center for International Environmental Law analyzes the human rights implications of the 'Doha Gateway' decisions from the UNFCCC 18th Conference of the Parties. It argues that while the decisions do not explicitly reference human rights, the outcomes regarding mitigation ambition, loss and damage, REDD+, the Clean Development Mechanism, public participation, and gender have significant impacts on vulnerable populations.
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Document type: Report
KESKKONNAMÕJU HINDAMISE PRAKTIKA JA ASJAOSALISTE OOTUSED 2010
This report, published by the Stockholm Environment Institute in April 2010, analyzes the practice of Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) in Estonia. Based on a survey of 136 stakeholders, it identifies systemic weaknesses in competence, independence, quality, and effectiveness, noting that the role of the developer and expert has grown while the role of the supervisor and the protection of public interests have diminished.
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Document type: Report
annexure-3a-3f1cef7bc413cd9f.pdf
This legal opinion, prepared for the Centre for Environmental Rights (CER), examines whether 'interested and affected parties' (I&APs) have a legal right to participate in the determination of administrative fines imposed under section 24G of the National Environmental Management Act (NEMA). The authors conclude that while such determinations do not constitute 'administrative action' affecting I&APs under the Promotion of Administrative Justice Act (PAJA), the failure to allow I&APs to make representations may be considered irrational and unlawful under the principle of legality and the Constitution.
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Document type: Briefing
annexure-a-26333ba73b763b35.pdf
A formal request sent on 29 November 2016 by the Life After Coal Campaign and other environmental organisations to the South African Minister of Energy, seeking an extension for public comment on the Integrated Energy Plan (IEP) and the Integrated Resource Plan (IRP) Update and demanding the release of critical supporting documents.
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Document type: Statement
cover-letter-cer-submissions-on-ndm-aqmp-by-law-_27-5-15-f703c28e373a7d09.pdf
A cover letter from the Centre for Environmental Rights (CER) submitting formal comments on the draft Air Quality Management Plan (AQMP) and Air Quality Management By-law for the Nkangala District Municipality on behalf of the Highveld Environmental Justice Network, groundWork, and Earthlife Africa, Johannesburg.
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Document type: Statement
PUBLIC PARTICIPATION IN THE CLEAN DEVELOPMENT MECHANISM OF THE KYOTO PROTOCOL
This research paper analyzes the public participation and transparency frameworks of the Clean Development Mechanism (CDM) under the Kyoto Protocol. It identifies significant gaps in the 'Marrakech Accords' regarding how stakeholders are informed and involved in project development, noting that most information becomes public only after key decisions are made. The authors argue that the current rules lack standardized environmental impact assessment (EIA) requirements and provide no formal mechanism for stakeholders to seek redress or trigger project reviews, recommending the creation of a 'Good Practice Manual for Public Consultation and Disclosure' and a watchdog mechanism similar to those used by the World Bank Group.
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Document type: Research paper
Meaningful Public Participation in a COVID-19 World
This guide by the Center for International Environmental Law provides a framework of guiding questions for organizers of international meetings to ensure that the shift toward virtual formats during the COVID-19 pandemic does not undermine the meaningful participation of civil society, Indigenous Peoples, and local communities.
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Document type: Guide
The Public Participation Convention and Export Credit Agencies
This research paper by Claudia Saladin for the Center for International Environmental Law (CIEL) analyzes the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Public Participation Convention) and argues that its transparency and accountability requirements should apply to export credit agencies (ECAs).
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Document type: Research paper
Final NET Judgment summary
The National Environment Tribunal (NET) revoked the Environmental Impact Assessment (EIA) licence for a proposed 1,050MW coal-fired power plant in Lamu County, Kenya. The decision was based on failures in public participation, inadequacies in the Environmental and Social Impact Assessment (ESIA) Study Report, and the failure to account for Kenya's Climate Change Act, 2016.
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Document type: Report