ELA Newsletter 2021-23

27 June 2021

Bills

National Nuclear Regulator Amendment Bill, 2021 – GN 545 in GG 44749 of 22 June 2021 –  for comment

Acts

Disaster Management Act: Regulations: Alert level 3 during Coronavirus COVID-19 lockdown: Amendment

Legislation

Notices

National Environmental Management: Waste Act 59 of 2008 – GN 562 in GG 44763 of 25 June 2021 – National Environmental Management – Proposed amendments to list of waste management activities- for comment

National Environmental Management: Waste Act 59 of 2008 – GN 561 in GG 44762 of 25 June 2021 – National norms and standards for organic waste composting

National Environmental Management: Biodiversity Act GN 457 in GG 44755 of 24 June 2021 – Declare certain land as part of Harold Porter National Botanical Garden – for comment

International Trade Administration Act 71 of 2002 – Gen Notice 381 in GG 44758 of 24 June 2021 – Extension of the policy directive on exportation of ferrous and non-Ferrous waste and scrap Metal – for comment

South African Weather Service Act 8 of 2001 – GN 544 in GG 44743 of 22 June 2021 –  Proposed regulations regarding fees for provision of aviation meteorological services – for comment

National Environmental Management Air Quality Act 39 of 2004 – GN 537 in GG 44724 of 18 June 2021 – Repeal of regulations regarding fuel burning appliances in dwelling houses

National Environmental Management Air Quality Act 39 of 2004 – GN 538 in GG 44724 of 18 June 2021 – Repeal of smoke control regulations

National Environmental Management Air Quality Act 39 of 2004 – GN 536 in GG 44724 of 18 June 2021 – Repeal of the Regulations relating to the Inspection of Premises in a Dust Control Area published in GN R1922 in GG 9905 of 30 August 1985 and Dust Control Areas declarations

National Environmental Management: Integrated Coastal Management Act 24 of 2008 – GN 533 in GG 44724 of 18 June 2021 – National Estuarine Management Protocol

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act – GN 541 in GG 44726 of 18 June 2021 – Draft agricultural remedy Regulations – for comment

Interpretation Act 33 of 1957 – Gen Notice 363 in GG 44724 of 18 June 2021 – Notice of publication of Dictionary of Terms and Concepts for Post-School Education and Training, 2021

Agricultural Product Standards Act 119 of 1990 – Gen Notice 368 in GG 44724 of 18 June 2021 – Agency for Food Safety (AFS): Inspection fees published with effect from 1 April 2020

Provinces

Eastern Cape

Constitution of the Republic of South Africa, 1996 & Local Government: Municipal Systems Act 32 of 2000 – LAN 150 in PG 4581 of 21 June 2021 – Umzimvubu Local Municipality – By-laws related to impoundment of animals

Constitution of the Republic of South Africa, 1996 & Local Government: Municipal Systems Act 32 of 2000 – LAN 151 in PG 4581 of 21 June 2021 – Umzimvubu Local Municipality – Standard By-laws relating to noise control

Mpumalanga

Local Government: Municipal Systems Act 32 of 2000 – PN 61 in PG 3272 of 18 June 2021 – Emakhazeni Local Municipality – Integrated Waste Management By-laws

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 62 in PG 3272 of 18 June 2021 – Msukaligwa Local Municipality – Waste Management By-laws

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 63 in PG 3272 of 18 June 2021 – Chief Albert Luthuli Local Municipality: Outdoor Advertising Control By-law

Local Government: Municipal Systems Act 32 of 2000 – PN 64 in PG 3272 of 18 June 2021 – Victor Khanye Local Municipality – Water and Waste By-law

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 65 in PG 3272 of 18 June 2021 – Msukaligwa Local Municipality – Land Invasion and the Management and Control of Informal Settlements By-law

Northern Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 72 in PG 3177 of 18 June 2021 – Musina Local Municipality – Electricity Supply By-Laws

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 73 in PG 3177 of 18 June 2021 – Musina Local Municipality – Building Regulation By-Laws

Western Cape

National Environmental Management: Protected Areas Act 57 of 2003 – PN 66 in PG 8448 of 18 June 2021 – Kannaland Local Municipality – Declaration of a nature reserve: Rietkraal Nature Reserve

National Environmental Management: Protected Areas Act 57 of 2003 – PN 67 in PG 8449 of 18 June 2021 – City of Cape Town Metropolitan Municipality – Notice of intention to declare a nature reserve – Kenilworth Nature Reserve -for comment

National Environmental Management: Protected Areas Act 57 of 2003 – PN 68 in PG 8449 of 18 June 2021 – Witzenberg Local Municipality – Notice of intention to declare a nature reserve – Twee Rivieren Nature Reserve – for comment

Western Cape Land Use Planning Amendment Act 4 of 2021 – PN 70 in PG 8451 of 23 June 2021 – commenced  23 June 2021

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CASES

National

National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others (CCT 154/20) [2021] ZACC 16 (22 June 2021)

International

Food & Water Watch, Appellant v. United States Department of Agriculture, et al., Case No. 20-5100 United States Court of Appeals for the District of Columbia Circuit Decided 22 June 2021

“In order to purchase and construct One More Haul Farm (the “farm”), a prospective farmer sought several loans from MidAtlantic Farm Credit (the “lender”). The poultry farm would be built in Caroline County, Maryland, on a parcel of land located near Watts Creek and in the watershed for the Upper Choptank River, which discharges into the Chesapeake Bay. To secure a loan for the farm’s poultry houses, the lender applied for a loan guarantee from the Farm Service Agency (“FSA” or “Agency”). Pursuant to the Guaranteed Farm Loan Program, the FSA may guarantee loans made to a farmer for specified purposes, including, as relevant here, farm ownership. … In 2015, when the lender sought the loan guarantee on the farmer’s behalf, regulations interpreting the National Environmental Policy Act (“NEPA”) required the FSA to conduct an environmental assessment to consider the effects of the farm before granting the guarantee. As a threshold matter, the FSA had to determine whether the farm would “significantly affect[] the quality of the human environment.” 42 U.S.C. § 4332(2)(C). To make this determination, the Agency consulted with local, state, and federal agencies about the farm’s environmental effects. It published two drafts of the farm’s environmental assessment for public comment in April and May 2015, and before publishing the final environmental assessment it also considered the recommendations of a private environmental consulting firm hired to review the second draft’s analysis. Based on its environmental assessment, the FSA issued a “finding of no significant impact” rather than a more detailed environmental impact statement. The issuance of this finding relieved the Agency from any further NEPA obligations. Accordingly, the Agency provided the loan guarantee in July 2015, covering ninety percent of the $1,217,000 loan. The farm has been up and running since Fall 2016 and consists of four chicken houses, a manure structure, and a composting area. It “houses 192,000 birds at one time,” with “an average of 5.6 flocks per year, producing more than 1,000,000 birds and their waste each year.” Two years after the loan was approved, Food & Water Watch, a non-profit environmental group, filed a complaint against the Department of Agriculture, the FSA, and Deanna Dunning in her official capacity as an FSA farm loan officer. Food & Water Watch alleged that the Agency’s failure to prepare an environmental impact statement for the farm violated NEPA and the Administrative Procedure Act (“APA”). This failure purportedly injured the thousands of Food & Water Watch members who lived in Maryland, including one who lived next door to the farm and was subjected to loud noises, bright lights, foul odors, and flies resulting from the farm’s operation. The farm’s impacts, Food & Water Watch alleged, caused this member to have health concerns and to experience decreased enjoyment of her home. Another member of Food & Water Watch who fishes in the waters near the farm asserted that he was concerned about pollution caused by the farm, as well as negative aesthetic and recreational impacts in his fishing areas. The Agency moved for judgment on the pleadings, contending that Food & Water Watch lacked standing. The district court held that Food & Water Watch had standing. … Because Food & Water Watch has not established standing, we vacate the district court’s decision and remand with instructions to dismiss the case for lack of jurisdiction.”

Publications

International

Kalen S A Bridge to Nowhere? Our Energy Transition and the Natural Gas Pipeline Wars, 9 Mich. J. Envt. & Admin L. 319 (2020)

Roggenkamp MM, De Graf KJ and Fleming RC Energy Law, Climate Change and the Environment (Elgar Encyclopedia of Environmental Law series June 2021)

Favre D The Future of Animal Law (Edward Elgar 2021)

UNEP and WRI “Tackling Plastic Pollution: Legislative Guide for the Regulation of Single-Use Plastic Products” (Guide 2020)

Toledano Perrine et al The Case for a Climate-Smart Update of the Africa Mining Vision (Report June 2021)

Bertassoli DJ “How green can Amazon hydropower be? Net carbon emission from the largest hydropower plant in Amazonia” 2021 7(26) Science Advances DOI: 10.1126/sciadv.abe1470

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Daily Maverick: “Honeybees are disappearing overnight: Theft and vandalism of bee boxes and honey are rife throughout SA” 22 June 2021

Mail & Guardian: “Abattoir compliance for game meat will kill Eastern Cape industry, say professional hunters” 22 June 2021

SAnews: “Firefighters hard at work to extinguish Eastern Cape fires” 24 June 2021

Mail & Guardian: “Rhino owners damn Creecy report” 27 June 2021

Climate Change and Energy

Lexology CMS Legal: Hassan M et al “Energy Transition: The evolving role of oil & gas companies in a net-zero future” 17 June 2021

amaBhungane: “Powership company trails corruption claims in its wake” 19 June 2021

Mail & Guardian: “Micro-hydropower lights up an Eastern Cape village” 20 June 2021

Lexology ENS: Levetan S and Mchunu N “Climate change litigation is hotting up” 22 June 2021

Daily Maverick: “Renewable energy: Mining industry likely to snap up Ramaphosa’s power offer” 22 June 2021

fin24: “Govt rejects Karpowership bid for environmental permits accreditation” 24 June 2021

DFFE: “DFFE finalises decision on Karpowership environmental impact assessments applications” 24 June 2021

IOL: “SA ‘well placed’ to take the lead in zero-carbon fuels” 24 June 2021

Natural Justice: “SDCEA goes to court over authorisation granted to Eni and Sasol for offshore oil and gas exploration” 24 June 2021

amaBhungane: “How Karpowership was torpedoed by substandard environmental studies” 25 June 2021

Moneyweb: “Karpowership remains ‘fully committed’ to SA projects” 25 June 2021

Business Day: “New renewables now cheaper than old power” 25 June 2021

Environmental Enforcement

Mail & Guardian: “Karpowership environmental impact assessments thrown out” 24 June 2021

Daily Maverick: “Karpowership: ‘We stay on board’ — Turkish captains after striking environmental iceberg” 24 June 2021

Daily Maverick: “Karpowership deal sinking fast as Environment Department says ‘no deal’” 24 June 2021

Mail & Guardian: “Karpowership decision shows ‘people’s voices do count’” 25 June 2021

Local Government

The South African: “PMB Dump Latest: SAHRC wins court order against city” 21 June 2021

GroundUp: “Vaccine registration system cannot work in rural areas, says doctor” 22 June 2021

GroundUp: “Gauteng sewage has shown high rates of Covid-19 for three weeks” 24 June 2021

GroundUp: “Limpopo villagers have to buy their drinking water – Taps stopped working in Mabendenge five years ago” 24 June 2021

Mining

The Guardian: “Bodies of 20 suspected illegal miners found near abandoned South Africa goldmine” 17 June 2021

The Guardian: “Stones that sparked ‘diamond’ rush in South Africa are just quartz” 20 June 2021

Mail & Guardian: Phillips T “Mines turn to solar power because of Eskom’s unreliable electricity supply” 24 June 2021

Daily Maverick: “KZN’s marine treasures: Sasol Offshore oil drilling sustains a major legal broadside” 24 June 2021

Bizcommunity: “Law enforcement steps in at KZN illegal mining site” 24 June 2021

Daily Maverick: “KZN’s marine treasures: Sasol Offshore oil drilling sustains a major legal broadside”24 June 2021

Polity: “Cash-pumping but lossmaking Wescoal to broaden from coal to energy” 25 June 2021

IOL: “Residents opposed to sand mining in Strandfontein” 25 June 2021

Water, Waste, Oceans and Chemicals

Daily Maverick: “Sea change: Why the case for shark nets no longer holds water” 20 June 2021

Mail & Guardian: “South Africa won’t support proposed global plastic ban treaty, draft document reveals” 21 June 2021

Daily Maverick: “South Africa could waste opportunity to take further action on plastic pollution” 21 June 2021

Daily Maverick: “Water crisis: Nelson Mandela Bay heads for a dry July as dam levels reach record lows” 21 June 2021

Bizcommunity: Muposhi A, Mpinganjira M and Wait M “To ban or not to ban plastic shopping bags? Implications and proposed solutions” 23 June 2021

Daily Maverick: “The greatest shoal on earth: It’s all eyes on the KZN coast for the anticipated arrival of the annual sardine run” 24 June 2021

Mail & Guardian: Bega S “Plastic: South Africa is 11th-biggest litterbug” 25 June 2021

Mail & Guardian: “Southern Africa’s ‘water tower’ slipping towards ecosystem collapse” 26 June 2021

Daily Maverick: “Enviro Champs: Young citizen scientists tackle massive water pollution in Pietermaritzburg” 27 June 2021

General: Water Department gripped by culture of fear 

A low-intensity war is brewing at the Department of Water & Sanitation in what is described as a concerted effort to derail investigations by a high-level disciplinary committee and SIU investigations into the theft of billions meant for massive water projects. According to a City Press report, officials inside the disciplinary committee said a culture of fear had gripped the department, where witnesses were allegedly faced with extreme intimidation meant to discourage them from testifying and thus weaken cases where witness testimonies are relied on to ensure successful prosecutions and recovery of stolen money. Investigators and senior members of the disciplinary committee – headed by former Social Services Minister Susan Shabangu – appear to be facing an extraordinary resistance campaign directed at Water & Sanitation Minister Lindiwe Sisulu, who sources within the high-level disciplinary committee say will stop at nothing to break the stranglehold of water boards colluding with department officials and rogue executives in what can only be likened to ‘cartel-like’ behaviour. The murder of a department official in 2015, the gunning down of a businessman accused of the ‘capture’ of Umgeni Water, and allegations of kidnapping and intimidation are being linked to specific contracts and implicated individuals in the alleged corruption. Shabangu has had to provide VIP protection and relocate witnesses to undisclosed locations as they fear for their lives. Sisulu has removed board members of the controversial Umgeni, Amatola and Lepelle Northern Water boards, with the chief executive officers of Amatola and Lepelle out on bail after fraud and corruption charges were laid against them. About 166 cases – many of which stem from Auditor-General reports over several years – are also being aggressively pursued. Full City Press report Legalbrief Forensic 24 June 2021

Miscellaneous

Mail & Guardian: ‘We can’t stop fighting for our dignity’: ConCourt hears RDP housing saga” 19 June 2021

Mail & Guardian: “Honey laundering: Transcontinental scheme puts fake honey into our supermarkets” 19 June 2021

GroundUp: “20 years later government still “discussing” Basic Income Grant” 22 June 2021

Mail & Guardian: Möser R “SA the only country to have dismantled its nuclear weapons capability” 25 June 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

Cornell Wildlife Health Centre: “Emerging Disease, Wildlife Trade and Consumption: The Need for Robust Global Governance”  Recording of webinar 23 February 2021

The Conversation: “How elephants raid crops in Kenya’s Masai Mara has changed. Why it matters” 8 June 2021

Fin24: “Elephant in the room: Southern African leaders float idea of reviving ivory trade” 21 June 2021

Bloomberg: Sguazzin A and Rathi A “Gabon Pitches New Funding Model to Protect Africa’s Amazon – The nation plans to combine green bonds and carbon offsets to conserve and develop forests the size of Delaware” 23 June 2021

Thomas Reuters Foundation: “Brazilian fishing communities fight to stay in protected forest” 23 June 2021

The Conversation: “How forest elephants move depends on water, humans, and also their personality” 23 June 2021

Climate Change and Energy

Colombia Center for Sustainable Investment: “Roadmap to Zero-Carbon Electrification of Africa” June 2021

Mail & Guardian: Philips T “African negotiators say crucial climate talks will be a failure if held virtually” 25 June 2021

Mail & Guardian: “Give Africa clean energy funds – IEA” 27 June 2021

Local government

Thomas Reuters Foundation: Iruoma K “Mass demolitions, evictions as Nigeria continues housing push” 24 June 2021

Mining

Lexology: “In brief: natural gas production in Angola” 16 February 2021

The Conversation: Neethling T “Offshore gas finds offered major promise for Mozambique: what went wrong” 30 March 2021

AllAfrica: “Niger Delta Avengers Announce Return, Vow to Cripple Economy, Attack Politicians” 26 June 2021

Mail & Guardian: “Zimbabweans protest coal mine” 27 June 2021

Fin24: “SA and Mozambican state companies to shell out R4.1bn for part of Sasol’s stake in gas pipeline” 27 June 2021

AllAfrica: “How Nigeria ‘Accidentally’ Discovered 206trn Cubic Feet Gas Reserve – Sylva” 27 June 2021

Water, Oceans, Waste and Chemicals

The Conversation: “How the private sector is shaping the future of Lake Chad and the Congo Basin” 22 June 2021

AllAfrica: “Nairobi Water Shortage Likely to Linger For a Decade” 24 June 2021

Miscellaneous

Youtube: “Foot-and-Mouth Disease in Southern Africa 2021” April 2021

The Conversation: Jones S and Tarp F “Mozambique’s difficult decade: three lessons to inform next steps” 31 May 2021

The Conversation: Khadiagala GM “Regional military intervention in Mozambique is a bad idea. Here’s why” Updated 24 June 2021

The Conversation: Cunliffe-Jones P et al “Punitive laws are failing to curb misinformation in Africa. Time for a rethink” 24 June 2021

International

Biodiversity, Protected Areas, and Culture

Thomas Reuters Foundation: “Firing arrows, indigenous people in Brazil protest bill curtailing land rights” 16 June 2021

Thomas Reuters Foundation: “U.S. ends Cambodia aid programme over deforestation, arrests” 17 June 2021

Lexology: “Can we afford to ignore biodiversity in addressing climate change?” 18 June 2021

Thomas Reuters Foundation: Gebeily M “Yemen’s famed beekeepers feel the sting of climate change” 21 June 2021

Lexology: “Federal Government responds to Samuels Review of the Commonwealth Environment Protection and Biodiversity Act 1999” [Australia] 23 June 2021

Agrawal A “Canada law recognizing UN declaration on Indigenous rights receives royal assent” The Jurist 23 June 2021

“Months after criminal probes launched, Brazilian environment minister quits” Climate Home News 24 June 2021

Southern African countries mull ending ivory trade ban
“Four southern African nations are considering breaking away from the United Nations’ Convention on International Trade in Endangered Species (CITES) to set up a parallel organisation to allow trade in ivory. News24 reports that Tourism Ministers from Zimbabwe, Namibia, Zambia and Botswana met on Friday to look at alternate strategies to CITES, Mangaliso Ndlovu, Zimbabwe’s Environment & Tourism Minister, said. Those countries are home to more than half of the world’s African elephants and have urged the global organisation to end a ban on trade in tusks, as it seeks to deal with over-population of the animals. ‘We discussed the possible establishment of something like the Kimberley Process,’ he said. ‘The idea is for checks and balances and for people to operate within the correct parameters.’ Set up in 2003, the Kimberley Process is an organisation of companies and governments that aims to prevent the trade in conflict diamonds. Legal trade in ivory outside the countries could face opposition from other members of CITES, which include China, where much of the world’s ivory from poached elephants is smuggled to.” Full News24 report IBA Legalbrief 21 June 2021

Climate Change and Energy

Carbon Pulse: “ECOSYSTEM MARKETPLACE – Shades of REDD+: Corresponding Adjustments, Equity, and Climate Justice” 10 June 2021

Carbon Pulse: “Global carbon price expectations surge as markets prove resilient to pandemic -survey” 14 June 2021

Thomas Reuters Foundation: “Britain ‘not prepared’ for climate threats, from heat to food shortages” 16 June 2021

Thomas Reuters Foundation: Neslen A “U.N. warns drought may be ‘the next pandemic’” 17 June 2021

Carbon Pulse: “COMMENT: Voluntary carbon market – broken more than breakthrough” 17 June 2021

Carbon Pulse: “UN climate talks to take political dimension after ‘no breakthroughs’ on Article 6” 17 June 2021

Mail & Guardian: “Parties divided on carbon trading system as UN climate talks end” 18 June 2021

Lexology: “Climate litigation in Brazil: new strategy from prosecutors on climate litigation against private entities” 22 June 2021

Thomas Reuters Foundation: Goering L and Clarke E “As seas rise, coastal communities face hard choices over ‘managed retreat’” 22 June 2021

Lexology: “ESG Tracker” 23 June 2021

Yahoo News: “Crushing climate impacts to hit sooner than feared: draft UN report” 23 June 2021

Utility Dive: “’An unprecedented mess’: DC Circuit rejects FERC approval of existing Spire gas pipeline” 23 June 2021

The Guardian: “Senate sinks Angus Taylor’s plan to allow renewables agency to invest in fossil fuel technologies” 23 June 2021

The Jurist: Ordering Private Enterprises to Comply with the Paris Agreement: The Netherlands Court’s Landmark Decision” 23 June 2021

Reuters: “Exclusive: Gas infrastructure across Europe leaking planet-warming methane” 24 June 2021

Carbon Pulse: “EU lawmakers give final approval to climate ‘law of laws’” 24 June 2021

Carbon Pulse: “Netherlands publishes free EU carbon allowance list, expects to disburse in August” 24 June 2021

Renew Economy: “Building new solar now cheaper than keeping existing coal plants open: BNEF” 24 June 2021

Business Insurance: “Exxon must face lawsuit alleging climate change deceit” 24 June 2021

IISD ENB: “NATO Adopts Climate Change Actions for 2030” 24 June 2021

IISD ENB: “Progress Reported in Transparency Talks Ahead of COP 26” 24 June 2021

Edie: “CCC: UK ‘has no coherent plan to reduce emissions this decade’, despite net-zero pledge” 24 June 2021

IISD ENB: UN General Assembly | High-level Dialogue on Energy Ministerial Thematic Forums (HLDE 2021) | 21–25 June 2021 | Online

Thomas Reuters Foundation: Teixeira F “Climate change threatens age-old indigenous food systems, says UN” 25 June 2021

Reuters: “U.S. Supreme Court backs refineries in biofuel waiver dispute” 25 June 2021

Environmental Enforcement

Earth.org: “The G7 is Targeting Environmental Crimes For the First Time” 7 June 2021

The Jurist: “Belgium court rules failure to meet climate obligations amounts to human rights violation” 20 June 2021

Lexology: “Climate change litigation is hotting up” 22 June 2021

“Top International Lawyers Unveil Definition of ‘Ecocide’” Stop Ecocide 22 June 2021 – see also “Independent Expert Panel for the Legal Definition of Ecocide – Commentary And Core Text” June 2021 for the text of the definition

Lexology: “Steps Towards a Sustainable Society: The German Due Diligence Act on Human Rights and Environmental Issues in Supply Chains” 23 June 2021

Lexology: “Complying with Victoria’s new environmental duties” 23 June 2021

Lexology: “Appeals Court Upholds Expansive Interpretation of Clean Air Act Exemption from CERCLA Release Reporting” [USA] 24 June 2021

Local government

Thomas Reuters Foundation: Asher-Schapiro A “As it looks to solar, Los Angeles targets an inclusive green shift” 18 June 2021

Lexology: “How can the planning system tackle environmentally-sensitive developments?” [UK] 24 June 2021

Mining

Colombia Center on Sustainable Finance: “Don’t Throw Caution to the Wind: In the Green Energy Transition, Not All Critical Minerals Will Be Goldmines” (May 2020)

Colombia Center on Sustainable Finance: “Politics of Extractive Industries”

Thomas Reuters Foundation: “Aboriginal groups reject bill to protect cultural heritage in Western Australia mining state” 17 June 2021

Thomas Reuters Foundation: “Rio kept destruction of Ice Age Australia heritage secret, Aboriginal group says” 25 June 2021

Water, Oceans, Waste and Chemicals

The Jurist: “’River of Life, River of Death:’ The Curious Case of the Ganges Cadavers and its Implications in International Law” 21 June 2021

The Jurist: “US Supreme Court declines to review $16.5M California Superfund case” 23 June 2021

Lexology: “Will your bach or business be underwater in 100 years?” [New Zealand] 24 June 2021

The Guardian: “Australia and 11 other countries lobby Unesco over Great Barrier Reef decision-making”  24 June 2021

Bizcommunity: “Lego reveals first prototype brick made from recycled plastic bottles”  24 June 2021

Thomas Reuters Foundation: “Philippine ‘river warriors’ fight tide of trash for cleaner future” 25 June 2021

Miscellaneous

Lexology: “Network for Greening the Financial System Issues Second Iteration of Climate Scenarios” [USA] 14 June 2021

IISD ENB: Lebada AM and Chasek P “Do Mega-Conferences Advance Sustainable Development?” 21 June 2021

Lexology: “Update: Corporate Sustainability Reporting Directive” [EU/Ireland] 22 June 2021

IISD ENB: Jetin Duceux A “Connecting Sustainable Infrastructure Policy with on the Ground Finance” 23 June 2021

IISD ENB: “What Makes National SDG Bodies Effective?” 23 June 2021

Euractiv: “Recovery plans fall short of EU green spending goals, campaigners warn” 23 June 2021

IISD ENB: “GEF Council Approves Over $280M for Biodiversity, Climate, Chemicals, and Water” 24 June 2021

IISD ENB: GEF 60^th Council meeting 2021 – recording

The Conversation: Merino D et al “Fire, tsunami, pandemic: how to ensure societies learn lessons from disaster – podcast” 24 June 2021

The Conversation: Robins JE “How palm oil became the world’s most hated, most used fat source” 24 June 2021

Reuters: “Factbox: Europe’s fight to make farming subsidies ‘green’” 25 June 2021

Conferences, Workshops, Study Opportunities

National

CBSS Training Courses in Water Governance scheduled for 2021

• 17 – 19 August 2021, in Pretoria
  • Refresher (for those who attended previous courses): 19 August 2021
  • Early Bird discount applicable until 6 July 2021
  • Registration closes 20 July 2021
  • Only TWO (2) seats still available
• 7 – 9 September 2021, near Stellenbosch
  • Refresher (for those who attended previous courses): 9 September 2021
  • Early bird payment before 20 July 2021
  • Registration closes 3 August 2021
  • Nine (9) seats still available
• Mpumalanga, KZN and Eastern Cape: date and venue to be confirmed, depending on interest

You can register here

South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC):  10-part series on Climate Change Leadership: Bringing Science, People and Policy Together

• 29 July 2021: Topic 5: Who produces CO₂ and why? What are the options and technologies for reducing greenhouse gas emissions?
• 19 August 2021: Topic 6: Increasing pressure, increasing implications for businesses?
• 2 September 2021: Topic 8: Jobs or the environment? How can climate change responses address the interests of labour?
• 30 September 2021: Topic 9: Preparing for COP 26 – What does South Africa want from the COP negotiations?
• 14 October 2021: Topic 10: Where to from here? The role of the next generation and their views on a safe and human world for all

More information available on the SAIFAC Facebook page https://www.facebook.com/SAIFAConline

IAIAsa National Conference: Re-thinking IEM in pursuit of the sustainable development goals:  1^st call for presentations
Date: 17-19 August 2021
Call for abstracts here – Abstract deadline: 4 June 2021

CLES Critical Conversation: Social Security Law as an Adaption Measure to Climate Change in South African Cities
Date: 8 July 2021 @ 14:00 pm
To register: https://forms.gle/jBfJj3JDu77nyUJb6

International

The Road to COP 26/CMA 3 Preparatory Lecture Series:
Date: 30 July 2021 10:00 (London) / 18:00 (SGT) Global Goal for Adaptation for Raising Ambition under the Paris Agreement by Selam Kidane Abebe, Legal Advisor for the African Group of Negotiators under the UNFCCC
Date: 26 August 2021, 10:00 (London) / 18:00 (SGT) Streamlining the Ocean into COP 26 and beyond by Nilufer Oral, Director, CIL-NUS and Member of the International Law Commission
Date: 24 September 2021, 10:00 (London) / 18:00 (SGT) Equity and Fairness in International Climate Change Law by Lavanya Rajamani, Professor of International Environmental Law, Faculty of Law, University of Oxford
Date: 8 October 2021, 10:00 (London) / 18:00 (SGT) The Compensation Question: Loss and Damages by Linda Siegele, Legal Advisor to AOSIS Member States
More information

8^th Annual Urban Law Day with IALS
Date: 1 July from 3-5pm EAT
Registration
The 2021 Urban Law Day seeks to reflect on the past year, evaluating policies, plans, regulations, and actions that were adopted by or operated in cities with the objective of assessing their success or otherwise. In particular, this year’s session is interested in asking: what did cities do right in the COVID-19 context? This discussion is aimed at promoting learning, knowledge sharing and exchange of information and experiences which will better inform the creation of “future-ready cities” that are better prepared to deal with similar crises. The session will also feature some key findings from the UN-Habitat Flagship publication on Cities and Pandemics. You can download the full report here.

University of Queensland’s Sustainable Minerals Institute Webinar: Management and Reuse Opportunities for Tailings
Date and time: 1 July 2021 07:00 – 08:30 (AEST) / 30 June 2021 18:00 – 19:30 (BRT)
Webinar 3 – Date to be confirmed
Registration and more information

ICLEI Daring Cities 2021 Global Virtual Forum
Date: 4-8 October 2021
More information

Centre for Environmental Law at Macquarie University, Australia: Global Dialogue on Biodiversity Law and Governance: Transformative Pathways to Living in Harmony with Nature
Date: 6 – 8 July 2021
During those three days, we will have 9 panels, 35 presentations, 48 speakers from 18 countries across five continents to discuss pressing biodiversity law and governance issues. Please check our stunning program attached information on the individual panels. The Conference is now open for registration free of charge.
Programme
As a special bonus, on 1pm – 2pm AEST, 5 July, the Centre for Environmental Law will also host a pre-Global Dialogue session Australian Launch of the “IPBES-IPCC Co-Sponsored Workshop Report on Biodiversity and Climate Change“, featuring Dr Michelle Lim, who co-authored the report. Registration for IPBES event.

Grantham Research Institute for Climate Change and the Environment (GRI): 2021 update to our Global Trends in Climate Litigation
1) Global Trends in Climate Legislation – Lessons for COP26: 1 July 2021, 1:00 pm – 2:30 pm
Register in advance for this webinar on Zoom – After registering, you will receive a confirmation email containing information about joining the webinar.
2) Global Trends in Climate Litigation – Lessons for COP26: 2 July 2021, 1:00 pm – 2:30 pm
Register in advance for this webinar on Zoom
After registering, you will receive a confirmation email containing information about joining the webinar. These events are being held as part of London Climate Action Week 2021

BSI food sector free webinar
Date: 27 July at 10:00 – 12:00 UK time
Registration
This time around, we’re giving you the opportunity to hear first-hand from food chain innovators who are: Using food waste product for other purposes; Creating new ways to produce food more sustainably; Contributing to the principles of the circular economy. We’re also covering The role standards can play in relation to achieving net zero and supporting the circular economy and how innovation in diverse aspects of the food chain can impact sustainability and net zero targets and help boost the circular economy in the longer term. Please click here to view the agenda.

Invitation: Conference 40 years of the African Charter: Honouring the memory of Christof
All participants are required to register on Zoom. Zoom Webinar ID: 942 7084 8759 (registration required) Registration
More information

Environmental Law Network International, Flemish Environmental Law Association: Challenges of European Environmental Law Towards 2030 – Webinar Series: III. Protection of Groundwater Under the Water Framework Directive: Member States Obligations and Recent Judgments
Date: 9 November 2021 | Virtual
Groundwater in the EU is under pressure from agricultural pollution, illegal abstraction, climate change… How should Member States obligations under the Water Framework Directive be interpreted and what follows if targets are not met? The speakers in this panel look at recent decisions of the European Court of Justice. More information

8th Annual Future Environmental Law Professors Workshop
Date: Friday, September 17, 2021, held virtually by the Elisabeth Haub School of Law at Pace University. The workshop is designed for Visiting Assistant Professors, Fellows, Researchers, Law Clerks, Practitioners, and others, including current students, who are currently, plan to go on, orare considering the academic teaching market in the areas of environmental law, natural resources law, food and agriculture law, energy law, land use planning, and/or ocean and coastal resources law. Participants receive advice on the environmental law teaching market; obtain an insider’s view on the appointments process from faculty with extensive hiring experience; learn about the history and future of environmental law in law schools; participate in a mock AALS interview and gain feedback from environmental law professors; and present work to future colleagues in the environmental law academy through mock job talks. Registration at:  https://law.pace.edu/future-environmental-law-professors

Vacancies, Bursaries, Funding, Opportunities, etc.

National

University of the Free State Law Clinic and Free State Centre for Human Rights
Attorney: Community Action and Research (post level 10) (contract appointment: 3 years)
Job ID: 3888
Closing date: 10 July 2021
More information

SANBI Deputy Director: Environmental Management
Biodiversity Information & Policy Advice Division – Cape Town
Apply by: 2 July
More information

Senior / Principal Environmental Consultant (EE)
Apply by: 6 July
More information

Environmental Management Officer
Eskom, Metsimaholo Local Municipality, Free State
Date listed: 28 May 2021
More information

Academic/Quality Manager – Law Faculty – Distance mode of delivery
Boston City Campus & Business College  Stellenbosch, Western Cape
Date listed: 26 June 2021
More information

Environmental and Social Expert, Renewables (Johannesburg or Cape Town)
UL, East London
Date listed: 4 June 2021
More information

Sustainability Officer
Mcgill,  Free State
Date listed: 24 June 2021
More information

Department of Forestry, Fisheries and Environment: Deputy Director-General: Biodiversity and Conservation – (BC04/2021)
Closing date: 19 July 2021
More information

Paralegal: focus on bonds
More information

Conveyancing Attorney/PRO, Cape Town
More information

Compliance Officer, George
More information

International

Director of Education
University of Queensland, Australia
Date listed: 10 May 2021

Professor in Socio-Environmental Sustainability
University of Oulu, Finland
Position is due to begin in January 2022 or as negotiated.

Assistant Professor of Law
Singapore Management University, Singapore
Date listed: 25 May 2021

Lecturer/Senior Lecturer in Indigenous Legal Education
University of New South Wales Faculty of Law and Justice, Australia
Apply by: 8 July 2021

Faculty Position in Law
Monash University, Australia
Apply by: 4 July 2021

Senior Academic Staff in Constitutional Law
University of Antwerp Faculty of Law, Netherlands
Apply by: 27 September 2021

Senior Academic Staff in Administrative Law
University of Antwerp Faculty of Law, Netherlands
Apply by: 27 September 2021

Postdoctoral Fellowship in Innovation and Sustainability Transitions
University of Oslo, Norway
Apply by: 30 June 2021

Assistant Professor of Law
Singapore Management University, Singapore
Date listed: 25 May 2021

Faculty Position in Law
Singapore Management University Yong Pung How School of Law, Singapore
Date listed: 16 April 2021

Professor in Civil Law
Ajman University College of Law, Ajman
Date listed: 20 April 2021

Professor/Associate Professor in Public International Law
Ajman University College of Law
Date listed:19 April 2021

Chief Investment Officer, Natural Strategies GmbH
Natural Strategies GmbH, Remote with preference in Europe
Apply by: 30 June 2021

Members of the Environmental Law Association may subscribe to Legalbrief Environmental and South African Journal of Environmental Law and Policy (Discount available for ELA members).

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