ELA Newsletter 2021-37

1 October 2021

Legislation

Directions

Disaster Management Act 57 of 2002 – Proc 36 in GG 45239 of 28 September 2021 – Home Affairs: Twelfth Amendment Directions to the Directions published with effect from 28 September 2021 and 30 September 2021

Notices

Disaster Management Act 57 of 2002 – GN R959 in GG 45253 of 30 September 2021 – Determination of Adjusted Alert Level 1 published with effect from 1 October 2021

Disaster Management Act 57 of 2002 – GN R953 in GG 45222 of 26 September 2021 and GN R960 in GG 45253 of 30 September 2021 – Regulations issued in terms of s. 27 (2) of the Act published in GN R480 in GG 43258 of 29 April 2020 amended

Promotion of Access to Information Act 2 of 2000 – Gen Notice 588 in GG 45249 of 30 September 2021 – Limpopo Provincial Treasury – Section 14 manual

Promotion of Access to Information Act 2 of 2000 – Gen Notice 589 in GG 45249 of 30 September 2021 – Form D: Description of Category of records automatically available in terms of the Act

Provinces

Western Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21621 in PG 8497 of 28 September 2021 – Stellenbosch Local Municipality – Electricity Supply By-law

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21628 in PG 8497 of 28 September 2021 – Breede Valley Local Municipality: Zoning Scheme By-law

Eastern Cape

Spatial Planning and Land Use Management Act 16 of 2013 – LAN 248 in PG 4631 of 29 September 2021 – Kouga Local Municipality – Designation of Deputy Chairperson for the Municipal Planning Tribunal

KwaZulu Natal

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – MN 93 in PG 2326 of 30 September 2021 – King Cetshwayo District Municipality – Cemetery and Crematoria By-laws

______________________________________________________________________________________

CASES

National

Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Others (835/2020) [2021] ZASCA 126 (29 September 2021)
Summary: Civil procedure – common law remedy – anti-dissipation interdict – whether it was a requirement for an anti-dissipation interdict for an applicant to prove that the dispositions were made with the intention of thwarting an applicant’s pending damages claim or whether there were exceptional circumstances where a lesser threshold applied – whether appellant satisfied the requirements of an interim anti-dissipation interdict – foundational requirements of interim interdict not met. Appeal dismissed with costs including costs of two counsel.
“[3]   On 19 February 2020, the first respondent, Sebosat (Pty) Ltd (Sebosat), represented by the third respondent, Mr Kurt Herman (Herman), its sole director and shareholder, entered into a written sub-contract agreement with the appellant, Bassani (Pty) Ltd (Bassani). The essential terms of the agreement, for present purposes, were that Bassani, as the subcontractor, would mine coal at Wesselton Mine on behalf of Sebosat, as the contractor. Clause 16.5 stipulated that for the first three months, Bassani would only be entitled to payment of its invoices within 48 hours after the coal mined had been sold and Sebosat had received payment from its client, the second respondent, Mashala Resources (Pty) Ltd (Mashala). Clause 2.1.11 defines the ‘Main Agreement’ as an ‘[a]greement entered into between the Client and Contractor’, meaning Mashala and Sebosat respectively. The agreement recorded that Mashala was the holder of the mining rights over the mineral area at the Wesselton Mine. In clause 18 of the subcontract agreement, Sebosat agreed that the coal mined would be used to provide security to Bassani for its obligations, for any amounts due by Sebosat to Bassani for mining operation.
[4]   Bassani mined the coal from March 2020 until 31 May 2020. At the end of May 2020, a dispute arose between Bassani and Sebosat. Bassani claimed that Sebosat owed it monies, evidenced by unpaid invoices, while Herman, on behalf of Sebosat, alleged that Bassani had failed to mine the coal as agreed, in that the coal that it mined fell short of agreed tonnage targets. Sebosat, instead of dealing with a contractual breach notice issued by Bassani, terminated the agreement on 1 June 2020. Bassani was adamant that Sebosat’s termination of the agreement was without foundation. It asserted that at the time of the termination Sebosat owed it an amount of R14 530 824-90.”

Former Way Trade and Invest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited (CCT 237/20) [2021] ZACC 33 (28 September 2021)
Summary:  Petroleum Products Act 120 of 1977 — section 12B of the Petroleum Products Act does not oust the High Court’s jurisdiction — referral of a factual dispute to arbitration in terms of section 6 of the Arbitration Act 42 of 1965 — stay of proceedings — referral to statutory arbitration

Minerals Council of South Africa v Minister of Mineral Resources and Energy and Others (20341/19) [2021] ZAGPPHC 623 (21 September 2021) – reported in previous newsletter – link now provided

Publications

National

Slotow Rob, Blackmore Andrew, Henley Michelle, Trendler Karen & Garaï Marion “Could Culling of Elephants Be Considered Inhumane and Illegal in South African Law?” 2021 Journal of International Wildlife Law & Policy DOI: 10.1080/13880292.2021.1972529

Qumbu B “The Role of the Courts in Advancing Water Security in South Africa” 2021 24 PER / PELJ  DOI http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9004

2021 117(9/10) South African Journal of Science

• Taking stock of climate change science and technology in South Africa: Insights, recommendations and missed opportunities – Roseanne Diab
• Where are rhinos safest? – Sam M. Ferreira, Luthando Dziba
• Excessive red tape is strangling biodiversity research in South Africa – Graham J Alexander et al
• Permit requirements, associated challenges and recommendations for biodiversity collections and research in South Africa – Michelle Hamer et al
• Chemical pollution as a driver of biodiversity loss and potential deterioration of ecosystem services in Eastern Africa: A critical review – Walter Cristiano et al
• Unlocking and securing ecological infrastructure investments: The needs and willingness to invest and institutional support mechanisms used – Malukhanye S. Mbopha et al
• Can home gardening significantly reduce food insecurity in South Africa during times of economic distress? – Grant Carstens, Richard Hay, Michael van der Laan
• Coastal management – working towards the UN’s Decade of Ocean Science for Sustainable Development (2021–2030) – Susan Taljaard, Janine Adams
• Cold water temperature anomalies on the Sodwana reefs and their driving mechanisms – Calvin Wells, Justin Pringle, Derek Stretch
• Creating a climate of change in the City of Johannesburg: Co-learning to adapt to climate change – Coleen Vogel
• Estimating lightning NOx production over South Africa – Bathobile Maseko, Gregor Feig, Roelof Burger
• Quantifying economic activity in the informal recycling sector in South Africa – Linda Godfrey

Madlingozi T and Field T-L (eds) Introduction to Law and Legal Skills in South Africa 2^nd ed (Oxford University Press 2021)

Horn JG, Knobel IM and Wiese M Introduction to the Law of Property 8^th edition (Juta 2021)

Horn JG, Knobel IM and Wiese M Law of Property Casebook for students 9^th ed (Juta 2021)

International

Globalized Organized Crime Index 2021

Dellapenna JW and Gupta J Water Law (Volume 10 (X) Edward Elgar’s Encyclopedia of Environmental Law series)

Revesz R “”Air Pollution and Environmental Justice,” 49 Ecology Law Quarterly (forthcoming 2022)

Revesz RL Samantha P Yi and “Distributional Consequences and Regulatory Analysis,” 52 Environmental Law (forthcoming 2022)

Brunstein N and Revesz RL “Mangling the Major Questions Doctrine,” 74 Administrative Law (forthcoming 2022)

Revesz R and Sarinsky M “The Social Cost of Greenhouse Gases: Legal, Economic, and Institutional Perspective,” 39 Yale Journal on Regulation (forthcoming 2022)

The final resulting article was published today in the Virginia Environmental Law Journal (Microsoft Word – Segall_Just Transitions_Formatted (velj.org

Thiery et al (2021) Age-dependent extreme event exposure, Science, doi: 10.1126/science.abi7339

World Economic Forum “Unlocking Large-Scale, Long-Term Capital for Sustainable Mobility: Introducing Key Mobility Investment Archetypes” (Report September 2021)

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Daily Maverick: Begg A “Wupperthal: First the residents of this historic Western Cape village fought the flames; now they fight for their homes” 13 September 2021

Daily Maverick: Cloete J “Private game reserves are vital in battle to conserve environmental heritage”27 September 2021

The Conversation: Teske P et al “South Africa’s massive ‘sardine run’ leads fish into an ecological trap” 3 October 2021

Climate Change and Energy

Carbon Pulse: “South Africa adopts deeper 2030 emissions target, Sasol aims for net zero” 23 September 2021

Business Day: “Climate deal ‘could solve Eskom crisis’” 29 September 2021 [Legalbrief 29 September 2021]

GroundUp: Hendricks A “Hundreds demand action against climate change outside Parliament” 24 September 2021

Mail & Guardian: Mbugua S “Africa’s big adaptation ask at COP26” 30 September 2021

Mail & Guardian: Madubela A “Godongwana: South Africa needs to reform power industry” 1 October 2021

Mail & Guardian: Zali M “Social justice activist on a mission to improve SA’s climate literacy rate” 1 October 2021

Mail & Guardian: Phillips T “Climate change Bill to be tabled in parliament” 30 September 2021

Daily Maverick: Carnie T “‘Smelly’ midnight lifeline: Karpowership gets another extension for emergency power deal” 1 October 2021

Daily Maverick: Payne S “My Vote Counts: Electricity crisis ‘is part of bigger problem of governance’” 30 September 2021

Daily Maverick: Stoddard E “South African delegation meets climate envoys, proposes Just Transition Financing Facility” 29 September 2021

Daily Maverick: Evans J “Dark days ahead: A bleak future awaits future generations if world leaders and industries continue to ignore climate crisis” 29 September 2021

Daily Maverick: Van Diemen E “How South Africa can power ahead with green energy ambitions through R750bn financing plan” 29 September 2021

Daily Maverick: Ngcuka O “South Africa takes bolder steps to reduce emissions — but are they enough?” 29 September 2021

Daily Maverick: Cowling R “Unique Pleistocene landscape likely to be doomed by proposed Thyspunt nuclear site — here’s an alternative vision” 28 September 2021

IOL: Waterworth T “A colourful story of a bloody different time” 2 October 2021

IOL: Pillay V “Nersa decision creates uncertainty and risk – Eskom” 1 October 2021

BusinessLive: Paton C “Eskom cries foul over Nersa’s sudden change in tariff pricing” 1 October 2021

Engineering News: Creamer T “Implications of Eskom’s rejected revenue application unpacked” 1 October 2021

BusinessLive: Paton C “SA needs grants and loans to address climate issues, says US envoy” 1 October 2021

Engineering News: Creamer T “RMIPPPP preferred bidder confirms delay to end-Jan” 1 October 2021

Engineering News: “Opinion: Energy storage solutions, batteries and bankability of those solutions in sub-Saharan Africa” 1 October 2021

Engineering News: Liedtke S “Wind energy push could help turbocharge SA’s economic recovery” 1 October 2021

Centre for Environmental Rights: “If we don’t take climate action now, this is what life in South Africa will look like” 28 September 2021

Environmental enforcement

The Conversation: Botha MM “Whistleblowers are key to fighting corruption in South Africa. It shouldn’t be at their peril” 23 September 2021

Lexology Herbert Smith Freehills LLP: Leon P, Leyden P and Müller E “Key consequences of the Gauteng High Court’s decision in Minerals Council of South Africa v The Minister of Mineral Resources and Energy and Thirteen Others (Case No. 20341/19) (Mining Charter III Judgment)” 28 September 2021

Mining Weekly: “South Africa will appeal court ruling on black mine ownership” 1 October 2021

Local Government

Daily Maverick: Kaunda L “Public participation platform: Municipalities must actively engage with citizens on social media” 12 September 2021

Daily Dispatch: Nono A “Residents angry over amended court order on Beacon Bay tip” 27 September 2021 [Legalbrief Environmental 28 September 2021]

The Mercury: Magubane T “Property owners offered rebates as city moots green building incentive policy” 23 September 2021 [Legalbrief Environmental 28 September 2021]

Business Day: Phakathi B “Eskom loses battle over cutting municipal supplies” 29 September 2021 [Legalbrief 29 September 2021]

GroundUp: Sizani M “Failed RDP project leaves 71 households with toilet buildings but no houses” 29 September 2021

Mail & Guardian: Bega S “Effluent Warrenton: ‘Our town is worth saving’” 2 October 2021

Daily Maverick: Ellis E “Ground Level Report: Chris Hani Municipality’s rivers of sewage flow freely after years of incompetence and neglect” 29 September 2021

Daily Maverick: Langa L “eThekwini declares some beaches safe after reduction in E. coli levels following sewage leak” 28 September 2021

IOL: Engel K “Dune Rehabilitation Project: Sweeping through the sands at Hout Bay” 1 October 2021

Engineering News: “Research shows where, how housing developments are built impact on residents’ carbon footprints” 1 October 2021

Engineering News: Bulbulia T “South Africa must build on IIPSA learnings to advance infrastructure development” 1 October 2021

Mining

Daily Maverick: Stoddard E “South Africa hasn’t signed up to new extractive sector transparency initiative” 12 September 2021

Daily Maverick: Stoddard E “Policy reform: South Africa’s diamond sector is in the rough” 12 September 2021

Mail & Guardian: Smit S “Once empowered, always empowered: Does the mining charter judgment rule out transformation?” 2 October 2021

BusinessLive: Steyn L “Kropz phosphate mine gets a leg up with R200m ARC loan” 29 September 2021

Bizcommunity: Jones ET, Hemmings D and Middleburgh S “Uranium: what the explosion in prices means for the nuclear industry” 27 September 2021

Mining Weekly: Creamer M “Northam board approves renewable energy projects plus hydrogen project” 1 October 2021

Mining Weekly: Bulbulia T “Solar hybrid system at Fekola mine exceeding expectations” 1 October 2021

Polity: ISS “Smuggled explosives keep illegal mining syndicates in business” 30 September 2021

Water, Waste, Oceans and Chemicals

Daily Maverick: Grootes S “Politics versus nationwide thirst: Water supply problems could sink South Africa” 13 September 2021

GroundUp: Human L “Rietvlei pollution unlikely to improve soon, fears Milnerton Aquatic Club” 30 September 2021

GroundUp: Mafata M “Tembisa mom turns illegal dump site into vegetable garden” 30 September 2021

Daily Maverick: Carnie T “Toxins, dioxins and potential risks to grandchildren from the UPL chemical inferno” 30 September 2021

Mail & Guardian: McGarry D and Pereira T “The true custodians of our seas: Who is stealing South Africa’s ocean heritage?” 29 September 2021

Daily Maverick: Sgqolana T “Water security: Circular economy the way forward for a sustainable South Africa, delegates tell webinar” 28 September 2021

Engineering News: “SAAE urges an end to water being released from Lesotho dams unnecessarily” 1 October 2021

Miscellaneous

GroundUp: Damons M “Tardy courts: Nearly 100 judgments outstanding for more than six months” 1 October 2021

SANews: “Economic recovery hinges on infrastructure development, structural reforms: Godongwana” 1 October 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

The Conversation: Beseng M “How illegal fishing off Cameroon’s coast worsens maritime security” 29 September 2021

Daily Maverick: Bennett M “New breeding swarms of desert locusts pose major threat to food security in Horn of Africa and Yemen” 27 September 2021

allAfrica: Mzungu W “Malawi: UK Injects K460 Million in Malawi’s Wildlife Crime Fight” 2 October 2021

allAfrica: “Tanzania: Residents Living Around Dangote Plant Urged to Protect Environs” 30 September 2021

allAfrica: Dapi TP “Zimbabwe: Soil Enrichment Programme Launched in Uzumba” 30 September 2021

Climate Change and Energy

Lexology : Herbert Smith Freehills LLP Breeze W et al “COP26 series: climate finance” 29 September 2021

Extractives Baraza: “East Africa: Tanzania-Uganda Pipeline Agreement ‘A Boon for All’” 27 September 2021

Carbon Pulse: “African nations need to get ready for Paris’ market-based Article 6, say officials” 28 September 2021

WSAU: “Fossil fuel firms investing in Africa face risk of regulatory action, US climate envoy says” 1 October 2021

IOL: Dludla S “WEF warns it is critical that finance targets cleaner energy solutions” 27 September 2021

allAfrica: “Africa: The Imperative of Climate Adaption for Africa – Building Resilience Across Societies in an Inclusive Manner” 30 September 2021

allAfrica: “Africa Climate Week – African Development Bank Stands Ready to Deploy Its Resources to Save People and the Planet” 29 September 2021

Environmental enforcement

Natural Justice: Raharijaona SA “Echoes from Madagascar: a step forward for local communities in the defence of human and environmental rights” 30 September 2021

allAfrica: Skikongo A “Namibia: Hyena Killers Arrested, Charged” 30 September 2021

allAfrica: Saro-Wiwa N “Nigeria: Justice My Father Died for” 1 October 2021

Local government

allAfrica: “Uganda: Entebbe Overwhelmed With Waste, Privatises Collection” 30 September 2021

Mining

Lexology: “In brief: mining rights and title in Democratic Republic of Congo” 27 May 2021

Extractives Baraza: “Africa: Deep Seabed Mining a Threat to Africa’s Coral Reefs” 27 September 2021

Extractives Baraza: “DRC: Cobalt Investments Seen Shifting From DRC to ‘Bright Spot’ Australia” 27 September 2021

Lexology: “The coronavirus pandemic and its effect on mining” 27 September 2021

BusinessLive: “Slow going on Botswana coal supply as Eskom mulls green deal” 27 September 2021

allAfrica: “Zimbabwe: EMA Speaks Out On Chinese Miner’s Operations in Uzumba” 30 September 2021

Water, oceans, waste and chemicals

allAfrica: “Kenya: UN Appeals for Aid for Drought Victims” 1 October 2021

allAfrica: Akinwale A “Nigeria: Insurgency Stalling Construction of U.S.$150 Million North-East AfDB Water Project – Minister” 1 October 2021

allAfrica: Nyarota D “Zimbabwe: Mutare Moves to Introduce District Water Metering” 30 September 2021

allAfrica: Murwira Z “Zimbabwe: Zinwa Awards Tenders for Prepaid Water Meters” 30 September 2021

allAfrica: “Tunisia: Call to Establish New Dynamic to Protect Tunisian Maritime Space” 30 September 2021

allAfrica: “Africa: National Ozone Unit Crowned Best in Africa in 2021” 30 September 2021

Miscellaneous

The Conversation: Wuam T “Nigeria at 61: A giant with challenging crises amid opportunities” 30 September 2021

IISD SDG Knowledge Hub: “The Women Transforming the Rural Gambia through Horticulture” 29 September 2021

The Conversation: Valodia I “How to ensure global debates about inequality are informed by views from developing countries” 29 September 2021

Extractives Baraza: “Alert As Kenya Awaits Hostile Ruling in Somalia Border Row” 27 September 2021

The Conversation: Kyobutungi C “Want to know about vaccine rollouts in Africa? Click on a country here and find out”

allAfrica: “Africa: Statement by IMF Managing Director Kristalina Georgieva at the Conclusion of a Meeting with UNECA and African Ministers of Finance on COVID-19” 30 September 2021

allAfrica: Nyamayaro E “Zimbabwe: How Changing the Way We Think About Food Can Help End Hunger” 30 September 2021

International

Biodiversity, Protected Areas, and Culture

Science: Stokstad E “The COVID-19 lockdown was for the birds—in a good way”  22 September 2021

US Department of the Interior: “Interior Department Ensures Migratory Bird Treaty Act Works for Birds and People” 29 September 2021

Federal Register: “Endangered and Threatened Species: Removal of 23 Extinct Species from the Lists of Endangered and Threatened Wildlife and Plants – An unpublished Proposed Rule by the Fish and Wildlife Service” 30 September 2021

Lexology: “Is the American Bumble Bee Endangered or Threatened? The U.S. Fish and Wildlife Service Plans to Find Out” 29 September 2021

Lexology: “Avoid a bad BDAR, a bad DA and a bad day: demonstrating avoidance of biodiversity impacts for NSW development proposals” [Australia] 30 September 2021

IISD ENB: Collaborative Partnership on Sustainable Wildlife Management (CPW) Wildlife Forum 2021 | 26–27 September 2021 | Budapest, Hungary, and Online

TFND: “Global businesses and financial firms join TNFD to tackle nature-related risks” 30 September 2021

The Guardian: Nunn G “‘They’re territorial’: can birds and drones coexist?” 30 September 2021

The Independent: Cockburn H “Australian government ‘wilfully negligent’ on climate crisis, says scientist studying impact on bees” 2 October 2021

The Independent: Dalton J “Millions of animals at risk from fires started in Brazil, experts warn” 1 October 2021

The Independent: Muzaffar M “World’s oldest tropical rainforest handed back to Aboriginal owners in historic deal” 30 September 2021

The Independent: “Native American tribes call for ‘immediate action’ to protect Bears Ears National Monument” 29 September 2021

Euractiv: Vautmans H “Viruses don’t stop at our borders” 1 October 2021

Nature: Ledford H “New rules will make UK gene-edited crop research easier” 30 September 2021

Climate Change and Energy

Science: Normile D “Environmentalists hail China’s vow to stop building coal-fired power plants abroad” 22 September 2021

Carbon Pulse: “Green groups piloting methodology for assessing VCM project types, standards” 24 September 2021

Carbon Pulse: “Treasurer warns of risk to Australia’s financial system from lack of climate action” 24 September 2021

Bloomberg: Rathi A “UN Launches Pledge to Stop Building New Coal Power Plants” 24 September 2021

European Commission: “Energy Transition: Commission announces three Energy Compacts at UN High-Level Dialogue in New York” 24 September 2021

Reuters: Psaledakis D and Nichols M “’Death sentence’: low-lying nations implore faster action on climate at U.N.” 24 September 2021

BSI: Standards to support Net Zero – a portal with all British and international standards aiming to achieve net zero emissions

Lexology: “Opportunity knocks: lithium and graphite development in Canada” 28 September 2021

Lexology: “Alberta issues request for expressions of interest in carbon sequestration hub” 20 September 2021

Lexology: “New controls proposed for large-scale solar and wind developments in NSW” [Australia] 30 September 2021

Lexology: “Expanding the national gas regulatory framework to hydrogen and renewable blends” [Australia] 30 September 2021

Lexology: “Land Restoration Fund – supporting carbon farming in Queensland” [Australia] 29 September 2021

Carbon Pulse: “Battle brewing on carbon ownership rights within Irish farmlands after minister’s remarks” 30 September 2021

Carbon Pulse: “Romania to front-load most of its pre-2032 coal plant closures under EU investment plan” 30 September 2021

IISD SDG Knowledge Hub: “Vienna Convention, Montreal Protocol Offer Lessons for Climate Agreements” 29 September 2021

IISD SDG Knowledge Hub: “SEI Report Assesses Transboundary Climate Risks in Commodity Flows” 29 September 2021

The Conversation: Yixian Sun “China will no longer build overseas coal power plants – what energy projects will it invest in instead?” 29 September 2021

Carbon Pulse: “China could reach carbon neutral well before 2060 – IEA” 29 September 2021

UtilityDive: “ERC’s Danly: Democrats’ clean electricity plan an ‘H-bomb’ that would ‘end the markets’” [USA] 29 September 2021

Beyond Zero Emissions: “New report: Green exports is Australia’s $333 billion opportunity” 28 September 2021

Reuters: Williams N “EXCLUSIVE Canada’s clean energy lobby groups call for changes to draft Clean Fuel Standard” 27 September 2021

IISD SDG Knowledge Hub: “Leaders Announce Voluntary Commitments for Rapid Decarbonization” 27 September 2021

Reuters: “UK pauses competition law for CO₂ suppliers amid shortages” 1 October 2021

Euractiv: Goulding Carroll S “Greening measures will add around 8% to airline costs, EU estimates” 1 October 2021

Renew Economy: Mazengarb M “Taylor granted extra portfolios, to be supported by former IPA climate policy chief” [Australia] 1 October 2021

Carbon Pulse: “Australia approves carbon offset method for CCS” 1 October 2021

Environmental Law Prof Blog: https://lawprofessors.typepad.com/environmental_law/

Pace’s GreenLaw Blog: https://greenlaw.blogs.pace.edu/.

The Jurist: Mohamedbhai T “UK eases competition laws for fuel industry in response to petrol shortage” 29 September 2021

The Guardian: Harvey F “Cutting methane should be a key Cop26 aim, research suggests” 30 September 2021

The Guardian: Brace E “Kowbucha, seaweed, vaccines: the race to reduce cows’ methane emissions” 30 September 2021

The Guardian: Carrington D “UK’s home gas boilers emit twice as much CO2 as all power stations – study” 29 September 2021

The Guardian: Rankin J “EU lawmakers vote to prolong fossil fuel gas subsidies until 2027” 28 September 2021

The Independent: Webb S “How fossil fuel companies use propaganda and disinformation to derail efforts to tackle climate change” 2 October 2021

The Independent: Dunne D “‘A stain on the nation’s green record’: UK renewables growth falls to lowest rate in a decade” 2 October 2021

Mining Weekly: “A German power plant just ran out of coal in latest energy shock” 1 October 2021

Mining Weekly: “Australia to issue credits for carbon capture” 1 October 2021

Engineering News: Campbell R “UK becomes first country to publish proposals for the regulation of nuclear fusion power” 1 October 2021

Engineering News: Bulbulia T “HDF Energy breaks ground on world’s largest green hydrogen-power project” [French Guinea] 1 October 2021

Reuters: “Melting Mont Blanc: France’s highest peak has shrunk” 30 September 2021

Reuters: “Russian oil, gas condensate output at highest since April 2020” 2 October 2021

Reuters: “Explainer: Global energy shortage or a coincidence of regional crises?” 1 October 2021

Euractiv: “Euro zone to discuss economic hit from soaring energy prices” 1 October 2021

Euractiv: Gotev G “Rich nations must commit more than $100 billion in climate fight, says India” 1 October 2021

CarbonBrief: Tandon A “Todays’ youth will face ‘unmatched’ climate extremes compared to older generations” 27 September 2021

Nature: “Sleeping flies and climate anxiety — the week in infographics” 1 October 2021

Environmental Enforcement

RNZ: “Vanuatu launches campaign to take climate change to the International Court for Justice” 25 September 2021

Policy Integrity tracker: US https://policyintegrity.org/trump-court-roundup

Lexology: “Environment and Planning 5 Minute Fix 18: Climate Change, Biodiversity, Infrastructure, Renewable Energy” [Australia] 28 September 2021

Lexology: “Urgent COVID-19 legislative changes to allow more time for environmental processes” [New Zealand] 30 September 2021

Lexology: “’Leapfrog Appeal’ Granted from High Court to Supreme Court on Issue of Access to Environmental Information” [EU] 28 September 2021

Lexology: “Queensland Planning and Environment Court allows an appeal against the refusal of a development application for an advertising device” [Australia] 27 September 2021

Lexology: “2021 Update on New and Pending Environmental Regulation and Legislation in Connecticut” [USA] 21 September 2021

Lexology: “Third District Affirms CEQA And Attorneys’ Fees Judgments In Favor of Department of Water Resources In Monterey Agreement And Amendment Litigation” 28 September 2021

Lexology: “German Climate Activists File Climate Change Lawsuits Against Major German Car Manufacturers To Prohibit Selling Combustion Engine Cars” 27 September 2021

Lexology: “Climate change litigation and intergenerational equity: the relevance of “indirect” emissions for project approvals” 27 September 2021

Lexology: “Leading New Zealand’s climate change challenge” 28 September 2021

Carbon Pulse: “No progress this week on US House vote for infrastructure bill, leaving climate funding in limbo” 1 October 2021

Carbon Pulse: “US lawmaker deal to boost carbon capture and storage tax credit to $85/tonne –reports” 2 October 2021

Carbon Pulse: “Replace UK climate policies with a single carbon tax, think-tank recommends” 2 October 2021

Reuters: “Vanuatu to push international court for climate change opinion” 25 September 2021

The Jurist: Khandelwal K “PACE proposes inclusion of additional protocol on right to healthy environment into ECHR” 2 October 2021

Local government

Lexology: “Urban Transformation: the World Economic Forum addresses the decarbonisation challenge in cities” 27 September 2021

Lexology: “New greenwashing suit aims at WA public utility” [USA] 27 September 2021

The Guardian: Weston P “10 great city projects for nature – from vertical forests to a ‘gangsta garden’” 1 October 2021

Sydney Morning Herald: “‘Unmitigated disaster’: Residents, council slam plans for new suburb” 3 October 2021

Nature: Bai X “Uneven spread of research leaves poorer cities short of solutions” 24 September 2021

Nature: Crew B “Sustainable Development Goals research speaks to city strengths and priorities” 24 September 2021

Nature: “Tracking 20 leading cities’ Sustainable Development Goals research” 24 September 2021

Nature: Makri A “New York bids to level the playing field in a metropolis of inequality” 24 September 2021

Mining

Lexology: “Oil and Gas Authority proposed Governance Guidance and Consultation” [UK] 28 September 2021

Lexology: “In brief: mining rights and title in Canada” 27 May 2021

Extractives Baraza: “Where Blockchain Technology Can Disrupt the Oil and Gas Industry” 27 September 2021

Extractives Baraza: “Banks Fuelling Expansion of Oil-and-Gas Arctic Extraction” 27 September 2021

Extractives Baraza:: “Power Costs Could Force Metal Producers From Europe – Eurometaux” 27 September 2021

Lexology: “Mining: Latin America overview” 27 September 2021

Climate Home News: “UK seeks alliance to end public finance for coal, oil and gas projects overseas” 1 October 2021

Carbon Pulse: “Poland vows to keep controversial lignite mine open after top EU court levies €500k daily fine” 20 September 2021

The Guardian: Smee B “Queensland police refuse to remove traditional owners occupying Adani’s coalmine site” 2 October 2021

The Guardian: Chan G “Thinktank wants $259m in royalties directed to coalmining towns as renewables take over” 28 September 2021

The Guardian: Cantu AM “In search of ‘Lithium Valley’: why energy companies see riches in the California desert” 27 September 2021

The Independent: Boyle L “Texas halts new permits for fracking technique after it causes multiple earthquakes” 29 September 2021

Mining Weekly: “China’s coal miners told to produce even if they’re over quotas” 1 October 2021

Mining Weekly: Webb M “NSW approves Evolution’s Cowal underground project” 1 October 2021

Mining Weekly: “EU makes $2bn push to curb reliance on China’s rare earths’ 1 October 2021

Mining Weekly: “Kwinana produces first nickel sulphate – BHP” 1 October 2021

Nature: Tollefson J “Illegal mining in the Amazon hits record high amid Indigenous protests” 30 September 2021

Water, Oceans, Waste and Chemicals

Just Security: Nevitt M “China, Climate Change, Credibility: Why It’s (Finally) Time for the US to Join the Law of the Sea Convention” 23 September 2021

Lexology: “Stricter PFAS Regulations Added to Defense Authorization Bill” [USA] 30 September 2021

Lexology: “EPA issues final rule to reduce Hydroflurocarbons” [USA] 28 September 2021

IISD ENB: 9th Session of the Meeting of the Parties to the Water Convention | 29 September – 1 October 2021

Ripple Effect 65 Podcast: Interview with J Dellapenna: “Explaining riparian rights and regulated riparianism” [USA] 30 September 2021

Lexology: “Turning Trash to Treasure: The Fiscal Case for Revisiting Pollution and Waste Management” [USA] 20 September 2021

Lexology: “Maritime Area Planning Bill advances” [Ireland] 28 September 2021

IISD SDG Knowledge Hub: “Growing Threat of E-waste Affecting Millions of Children Worldwide, WHO Warns” 29 September 2021

IISD SDG Knowledge Hub: “WTO Public Forum Event Explores Role of Trade in Enabling Circular Economy” 29 September 2021

Scotus Blog: Craig R “Case Preview: In term-opener, justices will hear Mississippi’s complaint that Tennessee is stealing its groundwater” 1 October 2021

IISD ENB: 35th UN-Water Meeting | 4–6 October 2021 | Online

The Guardian: Horton H “Cocktail of pesticides in almost all oranges and grapes, UK study finds” 30 September 2021

The Guardian: McKie R “Heatwaves, sewage, pesticides: why England’s rivers need a ‘new deal’ to avert crisis” 3 October 2021

Euractiv: Pistorius M “French mega-basins project defended by agriculture minister ‘worries’ Commission” 1 October 2021

Miscellaneous

Science: Normile D “Drug-resistant malaria is gaining a foothold in Africa” 22 September 2021

Lexology: “ESG: The New Must-Have in the Due Diligence Process” [Israel] 28 September 2021

Lexology: “EU BT 21: Sustainability and tax – what is on the EU’s agenda?” 29 September 2021

Lexology: “UK clampdown on greenwashing” 28 September 2021

Lexology: “German Supply Chain Act (Lieferkettensorgfaltspflichtengesetz) – New standard for human rights and environmental due diligence for global supply chains” 29 September 2021

Lexology: “The European Guidance on Innovation Procurement: A practical exploration” 22 September 2021

IISD SDG Knowledge Hub: “Responding to Crises Starts Years in Advance: 2021 Goalkeepers Report” 29 September 2021 – more on the indicators here

IISD SDG Knowledge Hub: “WHO, UN Partners Compile 500 Actions to Reduce Health and Environment Risks” 29 September 2021

IISD SDG Knowledge Hub: “Global Review Looks to Reverse Current Performance of Food System” 28 September 2021

IISD ENB: UN World Data Forum 2021 | 3–6 October 2021 | Online

Lexology: “Employee representation in France now extends to environmental issues” 27 September 2021

Reuters: Abnett K “EU Lawmakers Reject Attempts to Block Green Investment Rules” 27 September 2021

IOL: “’Wild West’ of ESG ripe for a crackdown, veteran US investor says” 2 October 2021

The Guardian: LaBrecque S “Palm oil: why a ‘sustainable global supply’ chain needs to include smallholder farmers” 28 September 2021

Conferences, Workshops, Study Opportunities

National

International

Mining Law: Opportunities and Challenges in the 21^st Century
Date: 28-29 October 2021
This two-day conference will take place October 28–29 at the Scottsdale Plaza Resort in Scottsdale, Arizona. Mining programs are few and far between, and this one is well-timed in light of World Bank projected increases in demand for critical minerals, particularly for renewable energy development. Topics include critical minerals opportunities and challenges, emerging issues impacting regulation, ESG considerations, mining disclosure obligations, tailings management, crisis management, and space mining. For the brochure or more information, go to https://www.rmmlf.org/programs/ml21/overview.

Water Law Institute
This two-day conference will take place November 4–5 at the Eldorado Hotel in Santa Fe, New Mexico. This is the Water Law Conference that was previously hosted by the ABA and the ABA continues to be involved as a co-sponsor. Topics are diverse and include the Colorado River Basin, wildfire impacts, Tribal and Pueblo water rights, Public Trust Doctrine, renewable energy and water, flood damage liability, PFAS, and many more issues. For professors and students who are unable to travel, the Foundation is offering a virtual (simulcast) option for this course. For more information or a brochure, go to https://www.rmmlf.org/programs/wl21/overview.

Student Support: Students can generally attend these courses for free, they just need to be members of the Foundation. Student membership is free and students can easily join online once they Create an Account. They will need to upload their transcript indicating their full-time law school student status. Travel funding is also available for most students, by completing an application and with an email of support from a professor. If a student is interested in joining the Foundation and attending one of these courses, have them contact Associate Director Jaleen Edwards at . Faculty whose law schools are members of the Foundation can register for only $350. To help ensure a safe and healthy event, the Foundation requires that all attendees provide verification that they are fully vaccinated against COVID-19 or that they have received a negative test within 72 hours before the event.

WJP Rule of Law Index® 2021 Launch
Global Livestream Event
Date and time: Thu, Oct 14, 2021, 4:00 PM SAST
Registration

Leiden Law School Grotius Centre for International Legal Studies Dialogue discussing my new book, Energy in International Trade Law: Concepts, Regulation and Changing Markets (Cambridge University Press, 2021), via Zoom on Thursday 14 October from 12:00-13:00 hrs CET. The description, link to open access introductory chapter and login details are available in the link: https://www.universiteitleiden.nl/en/events/2021/10/grotius-dialogue-on-energy-in-international-trade-law-concepts-regulation-and-changing-markets

Eighth annual Vermont Law School Energy Law and Policy Symposium: The Biden-Harris Administration and Leadership for the Clean Energy Transition
Date: Thursday, October 14, 2021, from 3–4:30 p.m. ET via Zoom
Please note that there is no cost to attend the event, and you can learn more or register by clicking here. For more information see here.

The Potential of Artificial Ocean Upwelling and Downwelling in Carbon Dioxide Removal
Date: Tuesday, October 12, 2021/Wednesday, October 13, 2021Time: 5:00 pm – 6:00 pm EDT/7:00 am – 8:00 am AEST
Registration

Do you want to study in the UK – virtual application guidance event
Date: 16 October 2021
Time: 10:30 SAST
Registration

Economist Impact: Climate change free webinars
Dates: Monday 4 October 2021: Advancing to net zero
Tues, October 5th – Responsible consumption & production
Thurs, October 7th – UN decade on ecosystem restoration
More information

Vacancies, Bursaries, Funding, Opportunities, etc.

National

Naspers/Prosus: Intern: Environmental Science, Environmental Studies and Environmental Management
For more information, please visit www.naspers.com.  
What we are looking for? We are on the lookout for a Masters’ Degree graduate to support the Naspers/ Prosus Sustainability team on a variety of data driven projects for a period of one year. We are looking for a candidate that has broad knowledge on a number of areas within sustainability. We’re specifically interested in: Environmental Science ; Environmental Studies ; Environmental Management. You must be in your final year of your Masters’ Degree studies in the relevant fields mentioned above OR have completed your Masters’ Degree and looking to gain short-term practical experience. A solid understanding in greenhouse gases, carbon and energy will be key to this role. You must also have strong analytical skills, be able to manage stakeholder relationships, be flexible in multitasking and meeting project timelines and most importantly, have excellent powerpoint presentation building skills which includes data visualisation and data analytics.

Warburton Attorneys Inc: Candidate Attorney and Junior Associate
Warburton Attorneys Inc, a 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: Paralegal with excellent IT skills
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 .

University of the Witwatersrand: Candidate Legal Practitioners
Closing date: 15 October 2021
More information

Programme Manager Legal: Port Elizabeth
More information

UWC: Director: Gender Equity Unit
Closing date: 17 October 2021
More information

Webber Wentzel Scholarships are awarded to academically gifted students who resonate with our values and who we believe have the potential to become successful lawyers with us in the future. More information

Cape Peninsula University of Technology: Senior Lecturer: Applied Legal Studies x 2
Closing date: 22 October 2021
More information

Cape Peninsula University of Technology: Lecturer: Applied Legal Studies x 3
Closing date: 22 October 2021
More information

Stipendium Hungaricum Scholarship Programme Information Session
Date: 13 October 2021
Time: 11:00 – 12:00
Microsoft Teams meeting – Register here

DAAD: Germany: PHD One-Year Research Grant
Research stay from seven to twelve months at a German university.
Deadline for scholarship applications: 15 October 2021
More information

DAAD: Germany: PhD Scholarship
PhD scholarships to outstanding Masters graduates from Sub-Saharan Africa at a German university. Various fields of study available.
Deadline for scholarship applications: 15 October 2021
More information

DAAD: Germany: PhD and Postdoctoral Short-Term Research Grant
Short-term research grant for junior research scientists and doctoral candidates at any German university.
Deadline for scholarship applications: 15 October 2021
More information

Japan: Master’s: African Business Education Initiative for Youth (ABE Initiative)
Two-year Master’s degree and an internship in Japan. Priority will be given to candidates studying in Engineering, Science, Technology, Agriculture, Environment, Energy, Marine Science, Health, Mining, Rural Development, Public Policy, and Education.
Deadline for scholarship applications: 31 October 2021
Read more

Japan: Master’s and PHD SDGs Global Leadership Programme scholarships
Priority will be given to candidates studying in Engineering, Science, Technology, Agriculture, Environment, Energy, Marine Science, Health, Mining, Rural Development, Public Policy, and Education.
Deadline for scholarship applications: 31 October 2021
More information

Cyprus: Diploma, Bachelor’s, Master’s and PhD: University Scholarships Programme
Various fields of study available.
Deadline for scholarship applications: application deadlines vary according to individual institution and academic departments.  More information

United Kingdom: Commonwealth Master’s Scholarships
One year taught Master’s in the United Kingdom. Offered under six CSC Development themes.
Deadline for scholarship applications: 01 November 2021
More information

United Kingdom: Master’s Chevening Scholarship 2022/2023
Taught Master’s scholarship in the United Kingdom. Various fields of study available.
Deadline for scholarship applications: 02 November 2021
More information

Switzerland: PhD, Post Doctoral, Research Fellow: Swiss Government Excellence Scholarships
Any Swiss higher education institutions.
Deadline for scholarship applications: 15 December 2021.
More information

Shell: Legal Counsel
More information

In On Africa: Remote Research Assistant
More information

Bloemfontein Teach Me 2: Postgrad Law Tutor
More information

IOM Internationale Organisation für Migration: SVN 2021 226 Reporting Officer (P2) Pretoria, South Africa
Closing date: 14 October 2021
More information

International

Alexander von Humboldt Climate Protection Fellowship
Closing date: 1 February 2022
More information

Head of Research and Innovations, SustainCERT – Luxembourg / Amsterdam / Switzerland / Elsewhere

Climate Finance Manager, UpEnergy – Africa/Flexible

Senior Lecturer in Law University of Tasmania School of Law

Lecturer in Law University of Tasmania School of Law

Associate Lecturer/Lecturer in Law University of Tasmania Faculty of Law

Assistant Professor in Business Law University of Toronto Faculty of Law

Assistant Professor in Law University of Toronto Faculty of Law

Associate Professor of Environmental and Natural Resources Policy University of Copenhagen Department of Food and Resource Economics

PhD Scholarship in Law University of Copenhagen Faculty of Law

Postdoctoral Researcher in Evolution in Urban Environments University of Oulu Faculty of Science

PhD Fellowship in Law University of Oslo Scandinavian Institute of Maritime Law

Assistant Professor in Criminal Justice Michigan State University College of Social Science

Assistant Professor in Jurisprudence and Social Policy University of California Berkeley School of Law

_________________________________________________________________________________________

Featured Image: Photo by Pixabay from Pexels

End