ELA Newsletter 2021-29

8 August 2021

Legislation

Directions

Disaster Management Act 57 of 2002 – Directions

• Gen Notice 442 in GG 44922 of 1 August 2021 – Directions regarding the closing and reopening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, and Provincial Departments of Education, all education district offices and all schools in the Republic of South Africa amended
• GN 674 in GG 44924 of 2 August 2021 – Amendment to Directions relating to measures to prevent and combat the spread of COVID-19: Sport, Arts and Culture
• GN R681 in GG 44938 of 3 August 2021 – Adjusted Alert Level 3 Directions published with effect from 1 August 2021, except directions 13 and 14: date of publication in the Gazette

Notices

Plant Improvement Act 53 of 1976 – GN 692 in GG 44945 of 6 August 2021 – South African Seed Certification Scheme amended

Petroleum Products Act 120 of 1977 – GN R675 in GG 44927 of 3 August 2021 – Regulations in respect of the single maximum national retail price for illuminating paraffin published with effect from 4 August 2021

Petroleum Products Act 120 of 1977 – GN R676 in GG 44927 of 3 August 2021Regulations in respect of the maximum retail price of Liquefied Petroleum Gas supplied to resi – dential customers published with effect from 4 August 2021

Petroleum Products Act 120 of 1977 – GN R677 in GG 44927 of 3 August 2021 – Regulations in respect of petroleum products published and GN R573 in GG 44808 of 6 July 2021 substituted with effect from 4 August 2021

Labour Relations Act 66 of 1995 – Gen Notice 456 in GG 44945 of 6 August 2021 – Essential Services Committee: Notice of investigation as to whether general health screening, testing and control of infectious and communicable diseases and Port Health; certain services in the mining industry; the service of refining manganese ore; and the manufacture/production, supply and distribution of steel are essential; and notice of oral representations

Mine Health and Safety Act 29 of 1996 – GN 701 in GG 44947 of 6 August 2021 – Guideline for the compilation of a Mandatory Code of Practice for the prevention, mitigation and management of COVID-19 outbreak

National Water Act 36 of 1998 – GN 700 in GG 44945 of 6 August 2021 – Proposed Reserve Determination for Water Resources of the Breede-Gouritz Water Management Area

Local Government: Municipal Structures Act 117 of 1998 – GN 678 in GG 44935 of 3 August 2021 – Calling and setting a date (27 October 2021) for local government elections

South African Geographical Names Council Act 118 of 1998 – GN 682 in GG 44943 of 6 August 2021 – Approval of official geographic names

National Environmental Management: Air Quality Act 39 of 2004 – GN 693 in GG 44945 of 6 August 2021 – Second Generation Air Quality Management Plan for the Vaal Triangle Airshed Priority Area: Final Plan

Financial Markets Act 19 of 2012 – BN 97 in GG 44945 of 6 August 2021 – Financial Sector Conduct Authority: Notice of approval of amendments to the STRATE Rules

Provinces

Gauteng

Gauteng Transport Infrastructure Act 8 of 2001 – PN 624 in PG 247 of 28 July 2021 – Notice of proposed route determination for phase 1 of the Gauteng Rapid Rail Integrated Network Extensions

Kwazulu Natal

Endumeni Local Municipality: Spatial Planning and Land Use Management Amendment By-law, 2021 published (MN 70 in PG 2311 of 29 July 2021)

National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare a protected environment: Mkhothane Protected Environment published for comment (PN 83 in PG 2314 of 5 August 2021)

Northern Cape

Division of Revenue Act 9 of 2021: Planned expenditure from the Human Settlements Development Grant for Level 1 and 2 accredited municipalities for the 2021/22 financial year MTEF published (GenN 77 in PG 2431 of 23 July 2021)

Mpumalanga

Division of Revenue Bill, 2021[sic]: Planned expenditure from the Human Settlements Development Grant and Informal Settlements Upgrading Partnership Grants for Provinces for the 2021/22, 2022/23 and the 2023/24 financial year published (PN 77 in PG 3283 of 23 July 2021)

Eastern Cape

(None to report)

Northern Cape

(None to report)

Western Cape

Local Government: Municipal Systems Act 32 of 2000: Bergrivier Local Municipality: Notice of publication for comment of proposed amendment of the By-law relating to prevention of public nuisance and the keeping of animals published (LAN 21482 in PG 8470 of 30 July 2021)

______________________________________________________________________________________

CASES

National

South Durban Community Environmental Alliance v. Minister of Environment and Others (South Africa High Court)
“An environmental justice organization, South Durban Community Environmental Alliance, filed suit challenging the South African government’s approval of offshore oil and gas exploration by Eni South Africa and Sasol in June 2021. The suit challenges the authorization on several grounds, including the government’s failure to consider the climate impacts resulting from the exploration in its Environmental Impact Assessment. Plaintiffs allege that this is in violation of the country’s climate change commitments, including those under the Paris Agreement, and its environmental assessment laws.” [August 2021 Sabin Center for Climate Change Law Update]

International

State of Washington ex rel. Haskell v. Spokane County District Court, No. 98719-0 (Wash. July 15, 2021)
“The Washington Supreme Court ruled that a climate activist should be permitted to present a necessity defense to charges of criminal trespass and unlawful obstruction of a train in connection with a 2016 protest on railroad tracks used by trains carrying coal and oil products. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense. The intermediate appellate court held that the defendant was not entitled to present the defense because he had “reasonable legal alternatives” to trespass and obstruction even if those alternatives were not effective. The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutional laws “untenable,” and held that “reasonable legal alternatives” must be effective. Whether a legal alternative was “truly reasonable” would be a fact-dependent determination, and “[i]f the defendant offers evidence that they have actually tried the alternative, had no time to try it, or have a history of futile attempts with the alternative, they have created a question of fact for the jury regarding whether there are reasonable legal alternatives.” In this case, the defendant had presented a question of fact as to whether reasonable legal alternatives existed with evidence of his efforts over the years to “call attention to the harms of climate change through lawful methods.” The Supreme Court also noted the testimony of the defendant’s expert on nonviolent resistance “that peaceful civil disobedience is essential to combating climate change.” In the interests of judicial economy, the Supreme Court also held that the defendant satisfied the other three elements of the necessity defense: (1) he presented sufficient evidence to reach a jury on the question of whether he believed his actions were necessary to avoid or minimize harms; (2) he did not bring about the threatened harms; and (3) he presented sufficient facts to support a conclusion that the harms he sought to avoid were greater than the harm caused by violation of the law, including evidence that he planned the protest for a time when trains were not scheduled to approach and that he notified the railway company.” [August 2021 Sabin Center for Climate Change Law Update]

California Restaurant Association v. City of Berkeley, No. 4:19-cv-07668 (N.D. Cal. July 6, 2021)
“The federal district court for the Northern District of California ruled that a restaurant trade association failed to state a claim that the federal Energy Policy and Conservation Act (EPCA) preempted the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new construction. The court rejected Berkeley’s jurisdictional grounds for dismissal (standing and ripeness) but found that the association failed to demonstrate that EPCA expressly preempted Berkeley’s ordinance because the ordinance “does not directly regulate either energy use or energy efficiency of covered appliances.” The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.” The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act. The court declined to exercise supplemental jurisdiction over the plaintiff’s state law claims and dismissed them without prejudice. Sabin Center Senior Fellow Amy Turner discussed the court’s decision in a post on the Climate Law Blog.” [August 2021 Sabin Center for Climate Change Law Update]

Greenpeace v. Spain II (Supreme Court of Spain)
On May 28, 2021, Greenpeace Spain, Oxfam Intermón, Ecologistas en Acción, and Coordinadora de ONG para el Desarrollo filed suit alleging that the Government of Spain’s climate plan was insufficient to meet Paris Agreement goals and the 1.5C temperature target. Spain approved the National Energy and Climate Plan 2021-2030 in March 2021. Plaintiff NGOs challenged the plan both on the grounds that it was not ambitious enough to meet the Paris Agreement’s temperature goals and also because it did not uphold public participation guarantees required for an adequate environmental assessment. On July 1, 2021, the Supreme Court admitted the case.
The case was filed by most of the same plaintiffs as those in a similar case also challenging the National Energy and Climate Plan. In that case, the Supreme Court rejected the defendants’ motion to dismiss for lack of subject matter jurisdiction. The Court found that the approval of the National Energy and Climate Plan did not exhaust plaintiffs’ claims because their claims were broader than simply seeking the passage of the Plan. Instead, they sought an order that the Plan must be more ambitions in order to be aligned with the objectives of the Paris Agreement. The government appealed on June 30 and the plaintiffs responded to the appeal on July 9, 2021.” [August 2021 Sabin Center for Climate Change Law Update]

Lawyers for Climate Action NZ v. The Climate Change Commission (High Court of New Zealand)
“On July 1, 2021, a group of hundreds of New Zealand lawyers, called the Lawyers for Climate Action NZ, sued the country’s Climate Change Commission alleging that its recommendations to the Minister for Climate Change violated New Zealand law and the Paris Agreement. Plaintiffs allege that the commission’s carbon budgets are inconsistent with holding warming to 1.5C, that it understated required emissions reductions under the Paris Agreement, and that the commission unlawfully relied on the uncertain prospect of paying other countries to reduce their emissions. Together, these actions violated New Zealand’s Climate Change Response Act and its obligations under the Paris Agreement.” [August 2021 Sabin Center for Climate Change Law Update]

Publications

National

(None to report)

International

2021 9(2) Carbon Mechanisms Review Theme: Taking the Natural Approach Nature-based solutions in global carbon markets

Ursil Lelo Di Makungu et al “Hydrocarbon Governance and Environmental Protection in the Democratic Republic of Congo” 2020 1(1) Recht in Afrika 103-119

Purdey R and Crocker M “An Independent Study into Fly-tipping and Unregistered Waste Carriers in England” (Report July 2021)

Metzger DJ “Attribution Science in Takings Litigation” (Research Paper Sabin Center for Climate Change Law, Columbia Law School July 2021)

Burger M, Wentz J and Horton R “The Law and Science of Climate Change Attribution” 2021 51(8) Environmental Law Reporter

2021 51(8) Environmental Law & Policy Annual Review (ELPAR)

• The Law and Science of Climate Change Attribution
  by Michael Burger, Jessica Wentz, and Radley Horton
• Externalities and the Common Owner
  by Madison Condon
• Another Game Changer in the Making? Lessons From States Advancing Environmental Justice Through Mapping and Cumulative Impact Strategies
  by Charles Lee
• Zombie Energy Laws
  by Joshua C. Macey
• Analysis of Environmental Law Scholarship 2019-2020
  by Linda K. Breggin, Stefan J. Berthelsen, Bryan Davidson, and Michael P. Vandenbergh
• The Uses of Climate Change Attribution Science: The NGO Practitioner’s View
  by Joanne Spalding and Daniel Hales
• A Welfare Function for Shareholder Engagement: Recognizing Profit for What It Is
  by Frederick Alexander
• Can’t We All Just Get Along?: How Diversified Investors and Companies Can Maintain Their Fiduciary Duty in a Climate Crisis
  by Natasha Lamb
• Externalities and the Common Owner: View From a Shareowner
  by James Andrus and Anne Simpson
• California’s Environmental Justice Mapping Tool: Lessons and Insights From CalEnviroScreen
  by John Faust, Laura August, Andrew Slocombe, Shankar Prasad, Walker Wieland, Vincent Cogliano, and Carol Monahan Cummings
• Mapping the Movement: The Future of Identifying and Addressing Cumulative Impacts
  by Hilary T. Jacobs and Benjamin Wilson
• Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris
  by Jessica R. Bell and Hampden T. Macbeth
• You Can’t Take Them Like That, It’s Against Regulation
  by Margaret H. Claybour
• Eminent Domain Law As Climate Policy (Abstract)
  by Alexandra B. Klass
• The New Gatekeepers: Private Firms as Public Enforcers (Abstract)
  by Rory Van Loo

Guiry EJ et al “Early evidence for historical overfishing in the Gulf of Mexico” 2021 7(32) Science Advances DOI: 10.1126/sciadv.abh2525

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Mail & Guardian: Bega S “Reservations about ‘new deal’ for rhinos, lions, elephant, leopards” 31 July 2021

Daily Maverick: Sgqolana T “Mysterious fish die-off hits Wilderness lagoon” 5 August 2021

Daily Maverick: Govener P “Amazon’s Liesbeek development: Preserving ‘the Place of the Stars’ from corporate plunder” 5 August 2021

Daily Maverick: Balfour D and Dziba L “Saving Private Rhino: We must reimagine the future of species conservation in South Africa 5 August 2021

Daily Maverick: Mason CDZ “Red Fish Down: Marine protected areas are critical to the future of South Africa’s iconic reef species” 5 August 2021

Daily Maverick: Steyn D and Damba-Hendrik N “Wild Coast: is there a future in eco-tourism in light of mining and toll road developments?” 5 August 2021

Climate Change and Energy

CER: “Climate litigation prompts new guideline for assessing climate impacts” 29 July 2021

Mail & Guardian: Bega S “Stellenbosch University gets its own climate studies school” 30 July 2021

Daily Maverick: Fourie Melissa “The just transition: A once-in-a-generation chance for real transformation that will save our country and our planet” 30 July 2021

CER: “The just transition: A once-in-a-generation chance for real transformation that will save our country and our planet” 30 July 2021

Cape Talk: “Medupi Power Station finally complete after 14 years at a cost of R135 billion” 2 August 2021

Daily Maverick: Evans J “It doesn’t add up: Environmental organisations say Gas Bill does not match climate crisis targets” 4 August 2021

CER: “Cabinet urged to adopt more ambitious climate change targets” 4 August 2021

Daily Maverick: Van Diemen E “Global warning: An abridged history of the physical science basis of climate change” 5 August 2021

Polity: Creamer T “Delaying emissions reduction will cost more down the line, climate commission director warns” 5 August 2021

Daily Maverick: Planting S “Absa and African Rainbow Energy and Power join forces to provide green finance – Photovoltaic panels stand near electricity pylons in the Northern Cape, South Africa” 6 August 2021

Bizcommunity: Crawford A “5 things to watch for in the latest IPCC report on climate science” 6 August 2021

The Conversation: Winkler H “South Africa’s power generation plans are out of date: an urgent rethink is needed” 6 August 2021

Mail & Guardian: Phillips T “Cape Town’s Day Zero scare raised a new generation of young climate activists” 8 August 2021

Environmental enforcement

Mail & Guardian: Evans S “R15m to rid Gauteng of dirty air” 31 July 2021

Local Government

GroundUp: Majola N “Immigrant fire victims denied building materials and land in Durban” 5 August 2021

Daily Maverick: Evans J “Water is life: commission of inquiry’s report reveals ‘damning’ review of water crisis inertia in Hammanskraal” 6 August 2021

Mail & Guardian: Bega S “Fight over controversial redevelopment of River Club heads to court” 6 August 2021

Mining

GroundUp: Steyn D and Damba-Hendrik N “Wild Coast: is there a future in eco-tourism? ‘We are not anti-development’ say opponents of mine and toll road” 5 August 2021

Polity: Creamer M “Ferrochrome is part of the green revolution – Glencore” 6 August 2021

Water, Waste, Oceans and Chemicals

GroundUp: Hart PR “Open letter to City of Cape Town: Fix our vleis! ‘It is common knowledge that there are regular sewerage spills into Zandvlei’ 3 August 2021

GroundUp:  Ngubane N “Rural families battle to get water although they live near a dam” 6 August 2021

Miscellaneous

The Conversation: Levy B “South Africa’s way forward: abandon old ideas, embrace bold experimentation” 5 August 2021

GroundUp: Steyn D “Wild Coast: is there a future in eco-tourism?” 5 August 2021

Polity: Creamer M “South Africa’s low growth a ‘critical challenge’, says new Finance Minister” 6 August 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

The Conversation: Zimmerer J “Germany is returning Nigeria’s looted Benin Bronzes: why it’s not nearly enough” 2 August 2021

Mail & Guardian: “Canada’s ReconAfrica oil and gas exploration in Namibia and Botswana worries World Heritage Committee” 2 August 2021

The Conversation: Tolley K “Malawi’s tiny Chapman’s chameleons are holding on for dear life” 3 August 2021

The Conversation: Bannor RK “Bushmeat in Ghana: consumer profiles may point the way to conservation” 4 August 2021

Climate Change and Energy

Carbon Pulse: “A flurry of countries submit NDCs ahead of UN reporting deadline” 30 July 2021

Thomson Reuters Foundation: Harrisberg K “Tanzania: As Oceans Warm, Zanzibar’s Women Sea Farmers Grow Sponges to Stay Afloat” 4 August 2021

Local government

(No content)

Environmental Enforcement

AllAfrica: “Foreign Vessels a Headache for Kenya’s Artisanal Fishers” 3 August 2021

AllAfrica: “Why Kenya Wants to Ban Fish Imports From China” 3 August 2021

Mining

Pan African Vision: “Sierra Leone: Sand Mining and the Destruction of Kialondo Beach and The Moa River” 7 July 2021 – prominent discussion since 2003

Extractives Baraza: Dos Santos Z “Angola: ENI Commences Production at Cuica Field” 3 August 2021

Extractives Baraza: “Nigeria: Oil Exploration Investment Dips as Nigeria Suffers Major Setback” 3 August 2021

Extractives Baraza: “Botswana: Spatial Dimension to Design Botswana’s New Online Mining Cadastre System” 3 August 2021

Mail & Guardian: Chuma N and Kabilika E “Zambia should commit to tackling toxic lead mine’s legacy” 4 August 2021

Bizcommunity: “#WomensMonth: Gender equality in mining requires challenging stereotypes” 5 August 2021

Bizcommunity: Ayuk NJ “No need to lament about the oil discovery in Namibia’s Kavango Basin” 6 August 2021

Water, Oceans, Waste and Chemicals

(No content)

Miscellaneous

The Conversation: Kissi E “Africa can prevent Ethiopia from going down Rwanda’s path: here’s how” 2 August 2021

International

Biodiversity, Protected Areas, and Culture

Thomas Reuters Foundation: Biron CL “U.S. ‘loophole’ can push organic farmers to destroy wildland” 14 July 2021

Thomas Reuters Foundation: Biron CL “Indigenous groups urge Biden to protect sacred sites” 29 July 2021

Science: Cantwell M “These scientists flew eggs across the ocean to save seabirds from climate change” 2 August 2021

Thomas Reuters Foundation: “Bolsonaro’s ‘land grab’ bill passes Brazil’s lower house” 4 August 2021

Nature.com: Vanbergen A “A cocktail of pesticides, parasites and hunger leaves bees down and out” 4 August 2021

Clean Energy Wire: Appunn K “Support programme for forest owners to ensure CO₂ uptake and biodiversity – env ministry” 6 August 2021

Climate Change and Energy

Lexology: “Spotlight: climate change law, regulation and policy in Australia” 4 March 2021

Bloomberg: Gerrard MB “Killer Heat Waves Warrant FEMA Action Under New Authority” 23 July 2021

Lexology: “Belgian and French Courts Ruled on New Climate Lawsuits Against Governments” 29 July 2021

The Independent: Grice A “Time is running out to ensure a successful Cop26” 30 July 2021

Lexology: “Shell commit to progress carbon capture technology with a range of major projects” [Canada] 30 July 2021

Carbon Pulse: “Israel to tax carbon from 2023” 2 August 2021

Reuters: Carrington D “Climate crisis: Siberian heatwave led to new methane emissions, study says” 2 August 2021

The Guardian: “North Sea oil firms will help UK hit net zero” 2 August 2021

The Guardian: “Climate crisis has cost Colorado billions – now it wants oil firms to pick up the bill” 2 August 2021

Clean Energy Wire: Wehrmann B “German debate about coal end date 2038 heats up in election campaign” 2 August 2021

Lexology: “Keeping the Lights On: CA Emergency Proclamation to Quickly Increase Energy Generation, Suspend Certain Environmental Requirements” [USA] 3 August 2021

Lexology: “EPA unveils its power plants and neighboring communities mapping tool further addressing environmental justice concerns” [USA] 3 August 2021

Lexology: “Afdeling haalt wind uit de zeilen van normen over windturbines in activiteitenbesluit” [Netherlands] [Department takes wind out of wind sails of wind turbine standards in activity decision] 3 August 2021

Lexology: “Young litigants plug the hole in climate leadership failure, and now, in Australia” 3 August 2021

Reuters: Denina C and Burton M “Exclusive ADB, Citi, HSBC, Prudential hatch plan for Asian coal-fired closures –sources” 3 August 2021

Lexology: “Summary of Energy, Environment, and Tribal Provisions Included in Bipartisan Infrastructure Package” [USA] 4 August 2021

IISD ENB: Intergovernmental Panel on Climate Change – IPCC | 54th Session of the IPCC (IPCC-54) and 14th Session of the Working Group I (WG I-14) | 26 July – 6 August 2021 | Online

The Guardian: “Oil industry is blocking climate action” 4 August 2021

Nature.com: Jongman B “The fraction of the global population at risk of floods is growing” 4 August 2021

Reuters: Jessop S “Investors call for urgent action by steelmakers on carbon emissions” 4 August 2021

EE: Joselow M and Skibell A “White House to roll out car rules tomorrow — sources” 4 August 2021

Natural Gas Intelligence: Evans C “FERC Ordered to Revisit South Texas LNG Authorizations as Court Finds Environmental Analyses Lacking” 4 August 2021

Clean Energy Wire: Wehrmann B and Wettengel J “German energy use on the rise after pandemic dip, natural gas top source for first time” 4 August 2021

Malaysia Now: “Indonesia to build Southeast Asia’s largest floating solar plant” 4 August 2021

The Guardian: “Wildfires burn out of control in Greece and Turkey as thousands flee” 6 August 2021

The Guardian: “Johnson’s coalmine quip shows he thinks the climate crisis is a joke” 6 August 2021

Reuters: Bustamante J “’Mega-drought’ in Andes from climate change leaves some peaks without snow” 6 August 2021

Reuters: Twidale S “Britain to invest 5 mln stg in climate resilience research” 6 August 2021

Reuters: Jaganathan J “Analysis: Winter is coming: temperature extremes fuel global gas rally” 6 August 2021

Reuters: Butler D “Turkey spent only fraction of forest protection budget before wildfires erupted” 6 August 2021

Reuters: Kapoor K “Drought compounds humanitarian crisis in Afghanistan as conflict intensifies” 6 August 2021

AFP: “Keeping Earth cool: Is the 1.5C target ‘mission impossible’?” 7 August 2021

Environmental Enforcement

The Daily Star: Hasan M “Are sanctions effective enough to reduce environmental crimes?” 27 July 2021

Local government

Thomas Reuters Foundation: Moloney A “Colombia’s Medellin plants ‘green corridors’ to beat rising heat” 28 July 2021

Lexology: “Homeowner Associations in New York to Make Way for Solar Power” 29 July 2021

Thomas Reuters Foundation: Sherfinski D “U.S. cities try to head off eviction wave as federal ban expires” 30 July 2021

Thomas Reuters Foundation: “New Zealand housing crisis sparks human rights inquiry” 2 August 2021

Mining

The Sun Daily: “The Green Equilibrium – The environmental enforcement show” 25 July 2021

Lexology: “European Critical Minerals Supply Chains – What lies in store for Australian participants?” 2 August 2021

Extractives Baraza: “Pirates Plague Mexico’s Offshore Oil Platforms” 3 August 2021

Reuters: Ljunggren D “Canada blocks proposed Rocky Mountain coal mine on environmental grounds” 7 August 2021

Water, Oceans, Waste and Chemicals

Lexology: “Court imposes consent condition requiring management of PFAS” [Australia] 2 August 2021

Lexology: “New Policies May Drive Increased Use of In-Situ Remediation Technology” [Canada] 3 August 2021

IISD SDG Knowledge Hub: “Chemicals and Wastes Conventions Make Progress between In-Person Meetings” 4 August 2021

Thomas Reuters Foundation: “Spanish engineers extract drinking water from thin air” 4 August 2021

Lexology: “Potential impacts of the proposed amendments to the Regulation respecting compensation for adverse effects on wetlands and bodies of water on real estate developers” [Canada] 4 August 2021

Lexology: “Canada Makes Changes to Cross-border Hazardous Waste and Recycling Requirements” 4 August 2021

The Guardian: “Environmental impact of bottled water ‘up to 3,500 times greater than tap water’” 5 August 2021

Miscellaneous

The Independent: Ng K “Should I factor climate change into deciding whether to have kids?” 26 July 2021

Aljazeera: Dearden N “Corporate courts vs the environment” 2 August 2021

IISD SDG Knowledge Hub: “Pre-Summit Gathering Highlights Food as Powerful Tool for SDGs” 4 August 2021

IISD SDG Knowledge Hub: “Five UN Agencies Chart Progress towards Ending Hunger, Malnutrition by 2030” 4 August 2021

INECE: “Wyeth G and Paddock LC “INECE Citizen Science Series Synthesis Report” 4 August 2021

The Independent: Dehgan L “Easy ways to cut down on your meat consumption and fight food waste” 5 August 2021

Nature.com: Witze A “Excitement as Mars rover drills first rock core for return to Earth” 6 August 2021

Nature.com: “COVID vaccine inequity, species swaps — the week in infographics” 6 August 2021

The Guardian: “The gift we should give to the living world? Time, and lots of it” 8 August 2021

Conferences, Workshops, Study Opportunities

National

• 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

• 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

CLES Online Colloquium: The potential of technology and innovation towards realising South Africa’s constitutional water right
Some of South Africa’s brightest minds in this field are presenting in the Colloquium: Prof Michael Kidd, Prof Nathan Cooper, Carin Bosman, Jay Bhagwan, Jacques de Vos and Dr Nicolene Steyn.
Find the programme here
Colloquium date:  20 August 2021
Time: 10:00 am – 13:00 pm
Registration

ASSAf: Call for Abstracts for the 6th BRICS Young Scientist Forum
Dates: 13-16 September 2021
More information

The Academy of Science of South Africa (ASSAf) and the South African Journal of Science webinar:  How do we know if and when science makes a difference?
Date: 4 August 2021
Time: 11:00 – 12:00 Venue: Zoom
Registration: Click here to register

African Environmental Defenders: Youth Day Webinar
On International Youth Day, 12 August 2021, we invite you to join an online webinar showcasing the opportunities and challenges of Youth Climate and Environmental Activism in Africa. In December 2019, Natural Justice and its partners launched the African Environmental Defenders Fund. Initially, this fund targeted African members of the International Land Coalition (ILC) who faced threats and harassment
Date: 12 August 2021
Time: 2:30pm SA/3:30pm EAT to 4:30pm SA/5:30pm EAT
More information and registration

Annual IMIBIZO: Buoyant Solutions for Ocean Sustainability
Dates: 18-22 October 2021
Workshop 1: Exploring potential marine options for climate intervention
Workshop 2: Lighting the ‘grey zone: how can we integrate human dimensions in decadal-scale prediction systems?
Workshop 3: Ocean governance and climate adaptation: comparing responses, charting future courses 
Deadline for abstracts: 16 August 2021 [attendance only with accepted abstract]
More information

University of Stellenbosch STIAS: 2021 Public Webinar: Prof Andreas Wagner (Switzerland): Sleeping beauties: Dormant innovations in nature and culture promises a compelling glimpse into the nature of innovations, whether biological or cultural
Date: Thursday 12 August at 15:45 (SAST).
To attend register by 11 August 2021

Conservation Symposium
Deadline for abstracts extended to 12 August 2021

International

The Road to COP 26/CMA 3 Preparatory Lecture Series:
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

ACCESS Conversations on Climate Change

• Panel 2: What is this COP all about, what outcomes are sought? What are the big and important geopolitical forces and concerns? How important are activists and lobbyists? August. Details to follow.
• IPCC Assessment Report 6 launch events – To be announced (This will most likely be a separate set if events which will we will inform you about).
• Panel 3: What is SA position going into the event – What is SA’s contribution and role? October. Details to follow.
• Panel 4: Live from COP – what’s happening and what can we anticipate? November. Details to follow.
• Panel 5: COP retrospective: what was achieved and what does it mean for us here? December. Details to follow.

To register please follow this link.

The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law
Date: 9 to 11 September 2021
Format: It takes place in a hybrid format both at the Max Planck Institute for Comparative and International Private Law in Hamburg and virtually.
Enabling all citizens of the world to live in dignity while preserving our natural resources is one of the greatest global challenges of our time. This challenge is reflected in the 17 Sustainable Development Goals (SDGs) which form the core of the Agenda 2030 of the United Nations. This Agenda, which is also referred to as “a contract for the future of the world”, aims to serve as a shared blueprint for realizing global economic progress in a manner consistent with social justice and the planet’s environmental limits.
In the arena of public law, including public international law, the SDGs have already become a focal point for comprehensive discussion about the future of the world. With regard to private law and private international law (PIL), by contrast, there has been less attention. Yet the Agenda 2030, with its 17 primary goals and 169 associated sub-goals, bears significantly on the fields of private law and PIL.
The project “The Private Side of Transforming our World – UN Sustainable Development Goals 2030 and the Role of Private International Law” aims to raise an awareness of how PIL, with its methods and institutions, can make a significant contribution and help find answers to the greatest challenges of our time. 19 contributors from all continents will present and discuss their findings during the conference scheduled to be held on 9 to 11 September 2021. In addition, a keynote speech will be delivered by Professor Anita Ramasastry (University of Washington, Member of the U.N. Working Group on Business and Human Rights). English-Spanish and Spanish-English simultaneous translation for the Conference will be provided by a professional interpreter.

The conference will take place in a hybrid format, i.e. both at the Max Planck Institute for Comparative and International Private Law in Hamburg and virtually via Zoom. It will be held from 9 to 11 September 2021. We would kindly ask you to register for the conference via this LINK (even if you only want to participate virtually). In the registration portal you can also already indicate whether your participation will be possible only virtually. Further information including the list of speakers can be found on the project website.
We look forward to welcoming you at the Institute or virtually. If you have any questions, please do not hesitate to contact us.
Professor Ralf Michaels (Max Planck Institute for Comparative and International Private Law), Dr Verónica Ruiz Abou-Nigm (University of Edinburgh) and Hans van Loon (former Secretary General of the Hague Conference on Private International Law)

NUS Law: Celebrating APCEL’S 25th Anniversary: The Development of Environmental Law in the Asia-Pacific: Past, Present and Future
Date: 12 August 2021 | 4.00 PM – 5.3 0 PM (SGT) Zoom
Register by 10 August

Environmental Law Network International and 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
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Environmental Protection Agency (EPA) and Irish Centre for European Law (ICEL): Environmental Law Enforcement: Emerging Challenges 2021
Date: 17 November 2021 – 18 November 2021 | Virtual
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Vacancies, Bursaries, Funding, Opportunities, etc.

National

Department of Higher Education & Training International Scholarships and Career Development Service

• Cyprus: University Scholarship Programme Bahelor, M & PhD
• African Union: 2021/2022 Pan African University Scholarships: M & PhD
• Ireland: Kader Asmal Fellowship Programme 2022/23: Masters
• Mellon/SAR Academic Freedom Workshop & Fellowships: M & D on academic freedom
• United Kingdom: The Rhodes Scholarships for Southern Africa 2022: M & PhD
• Portugal: AIR Centre PhD Scholarships Programme: PhD (Climate change etc)
• India: Indian Institute of Governance and Leadership – Nelson Mandela Friendship Scholarship 2021 (Online/Distance learning) – Diploma (also International law)
• France: France – South Africa Scholarship Programme: PhD & M
• Germany: 2021 Alexander von Humboldt Foundation German Chancellor Fellowship Programme
• Khetha: Career Development Service

University of KwaZulu Natal: EX03/2021 Executive Director: Student Services
Closing date: 3 September 2021
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Genesis: Senior Associate – Monitoring, Evaluation, Research and Learning (MERL)
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The Platinum Group: Senior Corporate Attorney
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UNDP: Two Consultants (Mid-Term Review)
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United Nations: Adviser (Anti-Money Laundering and Counter-Financing of Terrorism (AML/CFT))
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Commercial litigation attorney
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Pike Law: Newly qualified, corporate commercial attorney
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University of Pretoria: Senior Lecturer (Two Posts in Mercantile Law)
Closing date: 31 August 2021
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University of Pretoria: Senior Lecturer (One post in Mercantile Law)
Closing date: 31 August 2021
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University of Pretoria: Associate Professor/Professor in Mercantile law
Closing date:  31 August 2021
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University of KwaZulu Natal: Attorney in the Law Clinic/Lecturer
Closing date: 12 September 2021
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University of KwaZulu-Natal: EX03/2021 Executive Director: Student Services (re-advertisement)

Closing date: 3 September 2021
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Warburton Attorneys Inc. (Johannesburg)
Warburton Attorneys Inc, Johannesburg-based law firm specialising in environmental law, is expanding and is inviting suitable applicants to submit their CV’s for positions that are currently available at the candidate attorney and junior associate levels.  The ideal applicants should already have a Master’s degree in environmental law, however we will consider applicants who are in the process of obtaining their Master’s degree in environmental law. Consideration will also be given to applicants who can readily demonstrate that they have extensive experience in the application of environmental law in the South African context. Excellent written and verbal communication skills and a keen interest in environmental law are absolute requirements. If you meet the above requirements, then please submit a CV together with a short cover letter and your academic record to .

IMBEWU Sustainability Legal Specialists (Pty) Ltd (Johannesburg)
IMBEWU Sustainability Legal Specialists (Pty) Ltd, a Johannesburg-based environmental law consultancy, is looking for a para-legal with excellent IT skills and a keen and demonstrable interest in environmental law. Excellent written and verbal communication skills are an absolute requirement for the role. If you meet the above requirements, then please submit a CV together with a short cover letter and your academic record to .

International

Assistant/Associate/Full Professor in Law York University Law School

Academic Appointment in Law Monash University Faculty of Law

PhD Scholarship in International Law and Military Operations University of Copenhagen Faculty of Law

Faculty Position in Human-Environment Systems and Land-System Science VU University of Amsterdam Institute for Environmental Studies

Associate Professor in International and European Law Utrecht University Utrecht University School of Law

PhD Position in Enforcement of EU Law by National Regulatory Authorities Radboud University Nijmegen School of Management

PhD Fellowship in Citizens Participation in Resource Governance and Sustainable Transition Norwegian University of Science and Technology Department of Geography

PhD Position in Human-Environment Geography Norwegian University of Science and Technology Department of Geography

Assistant Professor of Law Singapore Management University Yong Pung How School of Law

Senior Lecturer in Sociology of Law Lund University

PhD Position in Environmental Science Lund University Department of Political Science

Professorship in Trade, Banking, Company, and Capital Markets Law University of Zurich Faculty of Law

Professorship in Commercial and Business Law University of Zurich Faculty of Law

Postdoctoral Position in History of Africa University of Basel Department of History

Lecturer/Senior Lecturer in Financial Law University of Surrey School of Law

Acting Professor of Law University of California Davis School of Law

Visiting Assistant Professor in Law University of Illinois Urbana Champaign College of Law

Doctoral Scholarship in Energy and Environmental Economics University of Antwerp Faculty of Business and Economics Belgium

Postdoc Position in Agricultural/Environmental Economics University of Copenhagen Department of Food and Resource Economics Denmark

Assistant/Associate/Full Professor in Earth Sciences King Fahd University of Petroleum and Minerals Saudi Arabia

Dean of Law Auckland University of Technology School of Law New Zealand

Professorship in Trade, Banking, Company, and Capital Markets Law University of Zurich Faculty of Law Switzerland

Faculty Position in Human-Environment Systems and Land-System Science VU University of Amsterdam Institute for Environmental Studies Netherlands

Senior Lecturer in Sociology of Law Lund University Sweden

Officer, Land Use and Forests, Standards Development, Gold Standard – Remote (India/Switzerland/UK)

Officer, Energy, Standards Development, Gold Standard – Remote (India/Switzerland/UK)

Director of Climate Finance, UpEnergy – Flexible Location (Africa preferred)

Associate Director of Climate, Asia Society Policy Institute – Flexible Location

University of Houston: Research Scholar – Environment, Energy & Natural Resources – (FAC001858): Postgraduate research scholar to coordinate legal research in carbon capture and management

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Senior Global Policy Manager – Water, CDP (Europe and Asia)
Closing date: 20 August 2021
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Senior Associate, Clean Energy, European Climate Foundation
Closing date: 16 August 2021
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Associate, Oil and Gas, European Climate Foundation
Closing date: 12 August 2021
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Consultant to Develop a Diagnostic Approach on Illegal Mining and Trafficking in Precious Metals
Closing date: 9 August 2021
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United Nations: Consultant – Legal Research on Environmental Crimes
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Officer, Land Use and Forests, Standards Development, Gold Standard – Remote (India/Switzerland/UK)

Officer, Energy, Standards Development, Gold Standard – Remote (India/Switzerland/UK)

Director of Climate Finance, UpEnergy – Flexible Location (Africa preferred)

Regional Operations Manager, AgriGrove Pty Ltd – Rockhampton & Capricorn Coast, Australia

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