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OBJECTIONS: ARCELORMITTAL SOUTH AFRICA APPLICATION FOR ALTERNATIVE SO2 MINIMUM EMISSION STANDARDS LIMIT AT DIRECT REDUCTION KILNS, ARCELORMITTAL VANDERBIJLPARK WORKS, GAUTENG PROVINCE
The Centre for Environmental Rights, acting for the Vaal Environmental Justice Alliance (VEJA), submitted formal objections to ArcelorMittal South Africa's (AMSA) application for an alternative SO2 emission limit at its Vanderbijlpark Works. The objections argue that granting a limit of 1,500 mg/Nm³—three times the legal standard of 500 mg/Nm³—would violate constitutional rights to a healthy environment, ignore the conversion of SO2 into dangerous particulate matter (PM), and prioritize corporate cost-savings over public health in a known pollution hotspot.
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Document type: Statement
SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER), on behalf of groundWork and Earthlife Africa, submits a formal objection to Eskom's application for exemptions from Minimum Emission Standards (MES) for eight coal-fired power stations under section 59 of the Air Quality Act (AQA). The submission argues that these exemptions violate the constitutional right to a healthy environment, particularly for residents in Priority Areas, and that Eskom has failed to justify its 14-year delay in achieving compliance.
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Document type: Statement
PROPOSED RELEASE OF UNABATED SULPHUR DIOXIDE EMISSIONS FROM KUSILE COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), on behalf of the Life After Coal Campaign, submitted a formal objection to the South African government regarding Eskom's proposal to use temporary bypass stacks at the Kusile coal-fired power station. This proposal would allow units 1-3 to operate without flue-gas desulphurisation (FGD) pollution abatement equipment following a flue duct collapse in October 2022. The CER argues that the bypass would cause significant health damage and constitutional violations, suggesting instead that funds be redirected toward solar PV and wind energy to accelerate the coal phase-out.
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Document type: Statement
ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
A statement from the Life After Coal campaign (LAC) to the South African Minister of Environment, Forestry and Fisheries, objecting to Eskom's attempts to seek exemptions from the Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
OBJECTIONS TO THE 22 MAY 2019 PROPOSED AMENDMENTS TO THE LIST OF ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS IDENTIFIED IN TERMS OF SECTION 21 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
The Centre for Environmental Rights (CER), representing the Life After Coal campaign and several environmental justice alliances, formally objects to a proposed amendment by the Department of Environment, Forestry and Fisheries to double the Sulphur Dioxide (SO2) Minimum Emission Standard (MES) for new plants in sub-category 1.1 from 500 mg/Nm3 to 1000 mg/Nm3. The CER argues that this weakening of standards is unlawful, violates the South African Constitution's right to a healthy environment, and would lead to significant premature deaths and exacerbated air pollution in priority areas.
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Document type: Statement
FULL DISCLOSURE Fact Sheet
This fact sheet by the Centre for Environmental Rights details the environmental track record of ArcelorMittal South Africa Ltd (AMSA), specifically focusing on its Vanderbijlpark Works. It outlines systemic non-compliance with air and water quality laws, significant land contamination, and a lack of transparency regarding climate change risks and greenhouse gas emissions.
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Document type: Fact sheet
SUBMISSIONS ON ESKOM’S APPLICATION FOR SUSPENSION, ALTERNATIVE LIMITS AND/OR POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS FOR 10 OF ITS COAL-FIRED POWER STATIONS
The Life After Coal campaign, led by the Centre for Environmental Rights (CER), formally objects to Eskom's application for the suspension, postponement, or alternative limits of Minimum Emission Standards (MES) for 10 coal-fired power stations. The submission argues that Eskom fails to meet the legal prerequisites of the 2017 National Framework for Air Quality Management, specifically regarding National Ambient Air Quality Standards (NAAQS) compliance and the prevention of direct adverse health impacts.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S APPLICATION FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS (MES) FOR 14 OF ITS COAL AND LIQUID FUEL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER), acting as part of the Life After Coal campaign, submitted a formal objection to Eskom's application to postpone compliance with Minimum Emission Standards (MES) for 14 power stations. The submission argues that such postponements are legally impermissible because the power stations are located in priority areas where national ambient air quality standards (NAAQS) are not being met. The CER contends that the Background Information Document (BID) provided by Eskom is incomplete and misleading, and that the continued emissions cause severe health impacts and premature deaths in surrounding communities.
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Document type: Statement
REQUEST FOR MEETING TO DISCUSS WAY FORWARD ON ESKOM’S NON-COMPLIANCE WITH EMISSION STANDARDS
The Centre for Environmental Rights (CER) requested a meeting with the Department of Environmental Affairs to discuss Eskom's non-compliance with emission standards. Based on a report by Professor Eugene Cairncross analyzing data from April 1, 2015, to March 31, 2016, the CER highlights widespread violations of PM10, NOx, and SO2 limits across multiple power stations and calls for stricter monitoring and reporting guidelines.
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Document type: Statement
COMMENTS ON THE DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW INCOME SETTLEMENTS
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the 2016 Draft Strategy to Address Air Pollution in Dense Low Income Settlements. While welcoming the document, the CER argues that it lacks measurable plans, adequate baseline data, and a strategy for community consultation to effectively address the health impacts of domestic fuel burning in South Africa.
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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 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
DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW-INCOME SETTLEMENTS
The Centre for Environmental Rights (CER) issued a statement to the Director-General of the Department of Environmental Affairs calling for the urgent public release of the 'Strategy to Address Air Pollution in Dense Low-Income Settlements'. The CER argues that the delay in publishing this strategy, which was a deliverable as far back as 2010, hinders the state's ability to protect the constitutional rights of residents in low-income settlements who suffer from severe health impacts due to industrial emissions and domestic fuel burning.
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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
PRIORITY AREAS: MANAGEMENT OF MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS AND IMPLEMENTATION TASK TEAM MEETINGS
A letter from the Centre for Environmental Rights to the South African Department of Environmental Affairs requesting urgent improvements to the management of Multi-Stakeholder Reference Group (MSRG) and Implementation Task Team (ITT) meetings for designated air quality priority areas.
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Document type: Statement
OBJECTIONS TO THE VARIATION OF THE ATMOSPHERIC EMISSION LICENCE FOR ESKOM’S DUVHA POWER STATION
The Centre for Environmental Rights, representing various community and environmental groups, submitted formal objections on 14 February 2014 against Eskom's application to vary the Atmospheric Emission Licence (AEL) for the Duvha Power Station. The objections center on the potential for increased particulate matter (PM) emissions, flawed environmental modelling, and the contradiction of the Highveld Priority Area's air quality goals.
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Document type: Statement
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
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted preliminary representations opposing Eskom's applications to postpone compliance with Minimum Emission Standards (MES) for its coal-fired power stations. The CER argues that Eskom's applications are based on flawed atmospheric modelling, exaggerated compliance costs, and a failure to meet the legal requirements of the National Environmental Management: Air Quality Act (AQA) and the 2012 National Framework for Air Quality Management. The submission highlights that granting these postponements would increase pollution in declared Priority Areas and cause significant detrimental impacts on human health.
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Document type: Report
AIR QUALITY OFFSET POLICY
The 'Air Quality Offset Policy' is a draft framework published by the Centre for Environmental Rights in January 2014. It proposes the use of environmental offsets—measures that counterbalance adverse atmospheric emissions—to balance South Africa's economic growth and industrial development with the constitutional right to a healthy environment. The policy outlines principles for offset design, specific application scenarios such as license variations or postponements, and the roles of applicants, licensing authorities, and communities in implementing these measures.
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Document type: Policy brief
ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT
The Centre for Environmental Rights (CER), representing several community groups and NGOs, submitted comments on July 19, 2013, opposing Eskom's applications for exemptions and postponements regarding Minimum Emission Standards (MES). The CER argues that such applications are legally invalid because ambient air quality standards (AAQS) are already exceeded in the priority areas where most Eskom plants are located. The document highlights severe health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider renewable energy alternatives or the decommissioning of worst-performing plants.
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Document type: Statement