15 October 2021
Policy
Department of Women, Youth and Persons with Disabilities – Gen Notice 605 in GG 45328 of 15 October 2021 – National Strategic Framework on Reasonable Accommodation for Persons with Disabilities
Department of Women, Youth and Persons with Disabilities – Gen Notice 606 in GG 45328 of 15 October 2021 – National Strategic Framework on Universal Design and Access
Legislation
Bills
Draft National Climate Change Bill – GN 1026 in GG 45299 of 11 October 2021 – notice of intention to introduce and explanatory summary
Draft Marine Pollution (Prevention of Pollution from Ships) Amendment Bill, 2021 – Gen Notice 595 in GG 45300 of 11 October 2021 – notice of intention to introduce and explanatory summary
Acts
Local Government: Municipal Structures Amendment Act 3 of 2021 – Proc 37 in GG 45305 of 11 October 2021 – commences 1 November 2021
Directions
Disaster Management Act 57 of 2002 – Directions
- GN 1037 in GG 45329 of 15 October 2021 – Gatherings relating to sport, arts and culture activities amended
- GN 1028 in GG 43502 of 11 October 2021 – Social Development Adjusted Alert Level 3 Directions published in GN R681 in GG 44938 of 3 August 2021 amended
Notices
Disaster Management Act 57 of 2002 – GN R1031 in GG 45313 of 13 October 2021 – Declaration of a national state of disaster published in GN 313 in GG 43096 of 15 March 2020 extended to 15 November 2021
Disaster Management Act 57 of 2002 – GN R1024 in GG 45297 of 11 October 2021 – Regulations issued in terms of s. 27 (2) of the Act published in GN R480 in GG 43258 of 29 April 2020 amended
National Water Act 36 of 1998 – GN 1036 in GG 45328 of 15 October 2021 – Caledon Modder Subsystem: Limiting the use of water in terms of item 6 of Schedule 3 of the Act for urban and irrigation purposes
South African Weather Service Act 8 of 2001 – GN 1025 in GG 45298 of 11 October 2021 – Regulations regarding Fees for the Provision of Aviation Meteorological Services
Occupational Health and Safety Act 85 of 1993 – GN 1033 in GG 45328 of 15 October 2021 – Incorporation of health and safety standard into the Driven Machinery Regulations, 2015: Code of Practice for Commercial Zip line and Aerial Adventure Parks published in GN R1399 in GG 44029 of 24 December 2020 corrected
Marine Living Resources Act 18 of 1998 – GN 1034 in GG 45328 of 15 October 2021 – Proposed amendment of levies on fish and fish products, of fishing harbour fees and of fees payable in respect of applications and the issuing of rights, permits and licences – for comment
Provinces
KwaZulu Natal
Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – MN 96 in PG 2328 of 14 October 2021 – eThekwini Metropolitan Municipality – Stormwater Management By-law, 2020
Local Government: Municipal Systems Act 32 of 2000 and Spatial Planning and Land Use Management Act 16 of 2013 – MN 97 in PG 2328 of 14 October 2021 – uMlalazi Local Municipality: Land Use Scheme Clauses
Northern Cape
Draft Northern Cape Consumer Protection Bill, 2021 – Gen Notice 600 in GG 45328 of 15 October 2021 – for comment
Limpopo
Spatial Planning and Land Use Management Act 16 of 2013 – PN 124 in PG 3205 of 15 October 2021 – Sekhukhune District Municipality, Fetakgomo Tubatse, Makhuduthamaga, Ephraim Mogale and Elias Motsoaledi Local Municipalities: Agreement to establish a Joint Municipal Planning Tribunal
Mpumalanga
Local Government: Municipal Systems Act 32 of 2000 – PN 101 in PG 3311 of 15 October 2021 – Chief Albert Luthuli Local Municipality – Emalahleni Local Municipality Water and Sanitation services By-law
Western Cape
Museums Ordinance 8 of 1975 – Proc 12 in PG 8504 of 12 October 2021 – Declaration of Blombos Museum of Archaeology as a local museum
Gauteng
Local Government: Municipal Systems Act 32 of 2000 – LAN 1340 in PG 349 of 13 October 2021 – City of Johannesburg Metropolitan Municipality – Waste Management By-laws, 2021
______________________________________________________________________________________
International instruments
UNFCCC: “Pre-COP26 Chairs’ Summary” 14 October 2021
Declaration for Carbon Markets Fairness. October 2021.Cartagena de Indias, Colombia [Latin American countries]
Convention on Biodiversity: Kunming Declaration: “Ecological Civilization: Building a Shared Future for All Life on Earth” CBD/COP/15/5/Add.1 13 October 2021
______________________________________________________________________________________
CASES
National
Secretary, Judicial Commission of Inquiry into Allegations of State Capture v Zuma and Others 2021 (5) SA 327 (CC)
“Contempt of court—Sanction—Unsuspended imprisonment—Constitution, ss 12 and 35(3).”
Mkhatshwa and Others v Mkhatshwa and Others 2021 (5) SA 447 (CC)
“Costs—Special order—Punitive costs order—When to be awarded—Vexatious litigation and scurrilous remarks about judges—May warrant punitive costs.”
International
WildEarth Guardians v. Haaland, No. 2:19-cv-09473 (C.D. Cal. Sept. 20, 2021)
“The federal district court for the Central District of California set aside the U.S. Fish and Wildlife Service’s (FWS’s) 2018 determination that listing the Joshua tree as threatened or endangered under the Endangered Species Act was not warranted. The court found that the FWS “selectively relied on beneficial data and failed to consider and evaluate the contrary data” regarding climate change’s adverse impacts on Joshua trees. In addition, the court found that the FWS’s findings regarding the threats posed by climate change and wildfire were “unsupported, speculative, or irrational,” including the FWS’s findings that Joshua trees would be able to persist at 138°F and would be able to migrate to climate refugia. Because the FWS failed to consider contrary data on climate change’s adverse effects or explain its decision not to consider such data, the FWS’s conclusion that Joshua trees were not threatened in a significant portion of their range was also arbitrary and capricious. Because the FWS’s conclusion that existing regulatory mechanisms were adequate to protect Joshua trees was based on the arbitrary and capricious determination that they did not warrant listing, the court also found the conclusion regarding the adequacy of regulatory mechanisms to be arbitrary and capricious. Although the court’s finding on this point was not based on the FWS’s alleged failure to consider the threat posed to Joshua trees by inadequate regulatory mechanisms addressing climate change, the court said the FWS should consider this issue on remand.” [Sabin Center Newsletter (October 2021)]
Louisiana v. Biden, No. 21-cv-778 (W.D. La. Sept. 22, 2021)
“On September 22, 2021, the federal district court for the Western District of Louisiana denied the Biden administration’s motion to dismiss claims by Louisiana and 12 other states challenging the administration’s “pause” on new offshore and onshore oil and gas leasing. The court agreed with the entirety of a magistrate judge’s report and recommendation that recommended denial of the motion. First, the magistrate found that the plaintiffs sufficiently alleged facts demonstrating that President Biden’s Executive Order 14008—which ordered the pause—exceeded the President’s statutory or constitutional authority and that the states therefore stated a claim against the President for ultra vires review. Second, the magistrate found that the states’ allegations of economic harm established their entitlement to an exception to the Outer Continental Shelf Lands Act’s (OCSLA’s) 60-day notice requirement. The magistrate further found that the states’ claims that the defendants violated the OCSLA and the Mineral Leasing Act were reviewable under the Administrative Procedure Act (APA). The magistrate was not persuaded by the defendants’ arguments that the claims were improper programmatic challenges and that agency actions were not final.” [Sabin Center Newsletter (October 2021)]
Eco Oro Minerals Corp. v. Republic of Colombia (International Centre for Settlement of Investment Disputes)
“On September 9, 2021, the International Centre for Settlement of Investment Disputes found Colombia to be in breach of the Free Trade Agreement and the Canadian mining company Eco Oro to be entitled to damages for a series of regulatory measures undertaken by the government to protect the páramo ecosystem, which is essential in carbon sequestration. The tribunal decided that there was no breach of Article 811 (relating to expropriation) as the regulatory measures protected a legitimate public welfare objective and were adopted in good faith. However, the tribunal found Colombia to be in breach of Article 805 (relating to the customary international law minimum standard of treatment of aliens) given the government’s delay in delimiting the Santurbán Páramo and its failure to comply with constitutional obligations to protect the ecosystem at the time of the company’s investment. The company had legitimate expectations to undertake the mining exploitation activities in its concession. The tribunal found Colombia’s conduct to be arbitrary and disproportionate, damaging Eco Oro without serving any apparent purpose. The tribunal concluded that Eco Oro is entitled to damages, which will be decided on a later date upon further input from the parties.” [Sabin Center Newsletter (October 2021)]
Instituto Preservar et. al. v. Copelmi Mineração Ltda. and IBAMA (9th Federal Court of Rio Grande do Sul)
“On August 31, 2021, a court in Rio Grande do Sul partially granted precautionary measures in a case related to an open-pit coal mining project. Precautionary measures can be exceptionally granted when there is a serious and urgent situation presenting risk of irreparable harm. In particular, the court suspended the permitting procedure of the Nova Seival coal-fired power plant until irregularities in the environmental impact assessment are addressed and included specific requirements in the terms of reference of thermoelectric power plants in the state of Rio Grande do Sul related to climate change, the need for a strategic environmental evaluation, and potential risks to public health. The requirements to assess potential climate change damages are grounded in the National Policy of Climate Change and the State Law No. 13.594/2010 (state policy on climate change) in the terms of reference of permitting procedures of thermal power stations in the state of Rio Grande do Sul.” [Sabin Center Newsletter (October 2021)]
Publications
National
Corporate Governance Handbook 3e (Print) / Corporate Governance Handbook 3e ( Juta eBook)
Legal Practice Act 28 of 2014 & Rules and Regulations 4e (Juta Pocket)
Premiums and Problems 2021, 123e (Juta eBook)
The Healthy Company (Juta Print)
International
GGRM ICRI “The Sixth Status of Corals of the World: 2020 Report” (October 2021)
Institute for Economics & Peace “Ecological Threat Report 2021: Understanding Ecological Threats, Resilience and Peace” (Sydney October 2021) available at http://visionofhumanity.org/resources
Iorns Catherine “Māori Co-Governance and/or Co-Management of Nature and Environmental Resources (2021). Waking the Taniwha: Māori Governance in the 21st Century, R Joseph & R Benton (eds) (Thompson Reuters, in press; forthcoming 2021)” Victoria University of Wellington Legal Research Paper No. 35/2021, Available at SSRN: https://ssrn.com/abstract=3940958
The Case of an Indigenous Guardians Network: https://elc.uvic.ca/indigenous-guardian-programs/?hilite=%27guardians%27
Argrelo M et al “Ocean warming threatens southern right whale population recovery” 2021 7(42) Science Advances DOI: 10.1126/sciadv.abh2823
Clements CS and Hay ME “Biodiversity has a positive but saturating effect on imperiled coral reefs” 2021 7(42) Science Advances DOI: 10.1126/sciadv.abi8592
Ren J et al “An invasive species erodes the performance of coastal wetland protected areas” 2021 7(42) Science Advances DOI: 10.1126/sciadv.abi8943
Silverman-Roati Korey, Webb Romany & Gerrard Michael B “Removing Carbon Dioxide Through Seaweed Cultivation: Legal Challenges and Opportunities” (Sabin Center for Climate Change Report September 2021)
Aidun Hillary “Smart Surfaces, Smart Cities: Reducing Heat and Promoting Equity in Urban Areas” (Sabin Center for Climate Change Report September 2021)
News, Blogs, Discussions, Websites, Videos, ETC
South Africa
Biodiversity, Protected Areas, Culture
DFFE: “Draft policies on commercial fishing rights allocation published for public comment” 14 October 2021
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
The Conversation: Rodger J “Biodiversity depends on pollinators: a first estimate of how many plants rely on animals” 14 October 2021 – read the academic research on this here
Daily Maverick: Nangle N “Covid-19 deepened the challenges faced by small-scale fishers in South Africa” 15 October 2021
Daily Maverick: Naidoo J “Nature, not humanity, is the source of life, and the purpose of conservation is to serve Nature” 14 October 2021
Daily Maverick: Spear D “I hate you, but you’re beautiful: The complex connection between jackals and Karoo farmers” 14 October 2021
The South African: “Bird Flu: Western Cape dealing with new outbreak” 16 October 2021
Climate Change and Energy
From the Desk of the President: Letter On Climate Change 11 October 2021
DFFE: “Minister of Forestry, Fisheries and the Environment to host virtual stakeholder consultation ahead of Glasgow international climate talks” 13 October 2021
Bizcommunity: “Transition to low-carbon emissions economy ‘urgent’ – President Ramaphosa” 13 October 2021
Lexology Werkmans: Behr J “Q&A: electricity generation and transmission in South Africa” 27 September 2021
BusinessTech: “Mantashe opposes coal ban for climate aid” 14 October 2021
Mail & Guardian: Bega S “‘Fingerprints of climate change are everywhere’”15 October 2021
Daily Maverick: Planting S “A cleaner, brighter future: Development Bank lands R3-billion loan for renewable energy” 12 October 2021
Daily Maverick: Bole-Rentel T “Gas should not be factored into our climate commitments – it is not a sustainable carbon source” 13 October 2021
BusinessLive: “vDirty but hot: why coal’s still a hot play” 14 October 2021
Moneyweb: Sguazzin A “Karpowership plan hit by new corruption allegations – DNG alleges that businessmen who are now partnering Turkey’s Karpowership approached the firm’s chief executive officer seeking a bribe” 13 October 2021
Energy: NGO slams DMRE over Karpowership delay
“The Department of Mineral Resources & Energy (DMRE) has come under scrutiny for its extension for preferred bidders to reach financial close for projects aimed at adding emergency energy generation capacity. A Cape Times report notes that the Green Connection has alleged the deadline extension to January, which was already extended from August 2020 to 20 December 2020, was to give Karpowerships SA the upper edge, and time to prepare. The National Energy Regulator (Nersa) last month approved the generation licence applications for seven projects under the Risk Mitigation Independent Power Producer Procurement Programme (RMI4P), including the applications for three floating Karpowership projects. The Karpowership projects in Saldanha Bay, Richards Bay and Coega in the Eastern Cape, are expected to generate electricity from natural gas to be evacuated through transmission lines to substations linking to the national grid. ‘This all still smells very fishy. To us, this suggests the DMRE is stalling and seems it will not be satisfied with any other “emergency” energy options and will essentially keep extending the deadline until this deal with Karpowerships is complete,’ said Liziwe McDaid from Green Connection. Karpowerships spokesperson Kay Sexwale said all preferred bidders, including Karpowership SA, were awarded the same extension for financial close.” Full Cape Times report (subscription needed) Legalbrief Environmental 12 October 2021
Bizcommunity: Rumney A “SA banks say they can’t cut off funding for coal just yet” 15 October 2021
Bizcommunity: “Electrolux South Africa prepares for green energy transition” 12 October 2021
Bizcommunity: “City of Joburg signs agreement to increase power supply” 11 October 2021
allAfrica: Evans J “South Africa: It’s Our Future – Young People Must Be Involved in Climate Crisis Conversations, Webinar Told” 14 October 2021
Mining Weekly: Creamer T “Creecy says a climate finance breakthrough is key to COP26 success” 15 October 2021
Mining Weekly: Creamer T “Eskom seeks urgent court order to have 2022/23 tariff application adjudicated by Nersa” 15 October 2021
Mining Weekly: Creamer T “Eskom aiming to secure concessional funding for R400bn just energy transition project pipeline” 14 October 2021
CER: “Statement: South Africa must walk the talk at COP26” 13 October 2021
Environmental enforcement
allAfrica: “South Africa: UN Spotlight on Killing of South African Environmental Defender” 13 October 2021
Business Day: Bates E “Lamola gives Moseneke task of making justice accessible” 13 October 2021 [Legalbrief 13 October 2021]
BusinessLive: Bates E “July riots reveal SA’s fault lines, says Edwin Cameron” 12 October 2021 [Legalbrief 14 October 2021]
Local Government
Daily Maverick: Kaunda L “Public participation platform: Municipalities must actively engage with citizens on social media” 12 September 2021
The South African: Head T “Ekurhuleni renaming spree: These 44 locations now have different names” 13 October 2021
FinancialMail: Du Plessis C “Inside SA’s gangster municipalities” 7 October 2021 [Legalbrief Forensic 14 October 2021]
Mail & Guardian: Thompson L “MMSEZ authorities dodge every question about livelihoods threats, climate change, water scarcity and more” 15 October 2021
Mail & Guardian: Ledwaba L “Local elections: Water tops the agenda in Limpopo’s dry villages” 16 October 2021
Daily Maverick: Sgqolana T “Eastern Cape municipality given suspended fine of R1m and forced to relocate mismanaged landfill site” 13 October 2021
allAfrica: “South Africa: R29 Million Waste Management Intervention for Mangaung” 15 October 2021
The Conversation: Kirsten J and Fourie H “Municipalities can play a key role in South Africa’s economic development. Here’s how” 15 October 2021
SANews: “KZN municipalities urged to reduce unnecessary water losses” 15 October 2021
Polity: “South Coast water crisis: MEC must take urgent action over politicisation of deployment of water tankers” 15 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
Extractives Baraza: “South Africa: Output Dips 2.4% in August, Pointing to Q3 Contraction Despite Manufacturing Rebound” 13 October 2021
Extractives Baraza: “Ghana: EPA to Deploy Drones to Monitor Mining Operations” 13 October 2021
Businesslive: Sguazzin A and Brambilla A “Deep-water drilling issues lead Eni to halt plans to partner with Sasol” 13 October 2021
Bizcommunity: Muponde T “How mining erodes the rights of women” 11 October 2021
Mining Weekly: Slater D “DRDGold environmentalist awarded for contributions towards cleaner air” 15 October 2021
Mining Weekly: Slater D “Glencore Coal launches supplier development platform to empower local communities” 15 October 2021
Mining Weekly: Bulbulia T “Mining industry weathered pandemic impact well, says Minerals Council” 14 October 2021
Polity: “The murky depths of regulatory uncertainty” 15 October 2021
Water, Waste, Oceans and Chemicals
Daily Maverick: Grootes S “Politics versus nationwide thirst: Water supply problems could sink South Africa” 13 September 2021
Engineering News: “DWS assessing water treatment plants in several municipalities as Blue, Green Drop programme restarts” 6 October 2021 [Legalbrief Environmental 12 October 2021]
amaBhungane: Timse T “You knew, Ekurhuleni! Community waste collectors ‘ripped off’” 14 October 2021
Daily Maverick: “‘Pollution’ alarm as historic Cable Restorer sinking coincides with red tide” 16 October 2021
Daily Maverick: Begg A “Total lack of accountability as South Africa’s rivers choke on waste” 11 October 2021
allAfrica: “South Africa: Mchunu Welcomes KZN Water Master Plan” 14 October 2021
Polity: “Support for Rural Waste Collection” 15 October 2021
Miscellaneous
Daily Maverick: Langa L “Sparks fly at meeting with rural community over proposed N2 Wild Coast toll road” 13 September 2021
Lexology CMS: Majola B and Van Welzen P “Johannesburg Stock Exchange: Introduction of sustainability-linked debt securities and transition debt securities” 13 October 2021
World News Era: Broadnax D “Cosmic Dawn, Nitro, GeoTime—diverse South African scientists get superhero alter egos” 13 October 2021
amaBhungane: The Access to Information Network “Advocacy release: The Access to Information Network and PAIA” 11 October 2021
Mail & Guardian: Stoltz E “Rule of law drops globally, including in South Africa” 15 October 2021
allAfrica: “Nigeria: BATs Reaffirms Commitment to the Environment As Company Unveils Sustainability Show Corner” 15 October 2021
allAfrica: Sgqolana T “South Africa: Severe Droughts and Veld Fires Set Up Conditions for Food Price Increases” 14 October 2021
Africa
Biodiversity, Soil, Protected Areas and Culture
The Conversation: Dawson I et al “Mass tree planting: how to do it right” 12 October 2021
Mail & Guardian: Edjang S “Congo Basin: Earth’s African ‘lung’ is it most resilient” 16 October 2021
Mail & Guardian: Bega S “After 60 years, cheetahs return to Maputo Special Reserve” 14 October 2021
Daily Maverick: Pinnock D “Dangerous precedent: CITES sows confusion over live elephant exports” 12 October 2021
allAfrica: “Gambia: Why Should Biodiversity Be Africa’s Top Priority?” 14 October 2021
Reuters: Holland H “Congo to audit forest concessions, suspend ‘questionable contracts’” 16 October 2021
Climate Change and Energy
Carbon Pulse: “Analysis: Pre-COP jitters spark doubt over South Korea’s CDM investments in Africa” 14 October 2021
Lexology: “A snapshot of the recommendations of the Presidential Task Force on Review of Power Purchase Agreements in Kenya” 8 October 2021
The Conversation: Chipango EF “How socio-economic conditions shape renewable energy uptake in Zimbabwe” 12 October 2021
Lexology: “Q&A: the legal framework for renewable energy in Egypt” 28 August 2021
Extractives Baraza: “Senegal: Places Local Content at the Center of the Country’s Energy Sector Agenda” 13 October 2021
Bizcommunity: Rumney E “Exclusive: African governments want climate finance to hit $1.3tn by 2030” 12 October 2021
Bizcommunity: “Africa on the cusp of a new energy paradigm – Kearney paper” 12 October 2021
allAfrica: “Nigeria: Climate Change – Okonjo-Iweala Calls for Adoption of Global Carbon Price” 15 October 2021
allAfrica: Bel E “Africa: For Africa to go green, the private sector must step up. Could COP26 provide an answer?” 15 October 2021
allAfrica: “Nigeria: Opec, African Energy Firms Seek Cleaner Fuel” 14 October 2021
allAfrica: Orina B “Kenya: Tobiko Urges World Leaders to Set Aside Their Differences to Tackle Climate Change” 14 October 2021
allAfrica: “Zimbabwe: Unprecedented Hunger to Follow in Wake of the Climate Crisis, WFP Calls for Urgent Action On World Food Day” 14 October 2021
The Conversation: Ongoma V and Williams PA “COP26: Africa’s challenges must steer the climate change conference” 17 October 2021
The Conversation: Stoner O “Africa is the key to ending harmful use of polluting fuels in the home” 17 October 2021
Mining Weekly: “Opinion: Combatting climate change with green energy solutions for Africa” 15 October 2021
Environmental enforcement
allAfrica: Britz M “Africa: A Healthy Environment is a Human Right, Says UN Body #AfricaClimateCrisis” 13 October 2021
Local government
Bizcommunity: “Helping African cities address climate change” 14 October 2021
allAfrica: Nkurunziza M “Rwanda: Why Kigali’s Central Sewerage System Delayed” 14 October 2021
Mining
Lexology: “A thumbnail guide to oil exploration and production in Nigeria” 29 May 2021
Lexology: “In brief: mining rights and title in Mozambique” 27 May 2021
Mining Weekly: Bulbulia T “Ministry organises inaugural Angola International Diamond Conference” 15 October 2021
Mining Weekly: “Namdeb to extend land-based operations’ mine life to 2042” 14 October 2021
Water, oceans, waste and chemicals
Aljazeera: “Top UN court sides with Somalia in sea border dispute with Kenya” 12 October 2021 [Legalbrief 13 October 2021] Read also The Jurist
Bizcommunity: Owoeye F and Sanni S “A new type of black gold in Nigeria: used car tyres” 14 October 2021
allAfrica: “Liberia: France, World Bank to Provide 49 Million to Address Flooding in Liberia” 15 October 2021
The Conversation: Nel H et al “Pan-African research networks are needed to manage continent’s plastic pollution threat” 11 October 2021
Miscellaneous
The Conversation: Berhe MG “Why the African Union’s mediation effort in Tigray is a non-starter” 13 October 2021
Mail & Guardian: Agoi JO “Nigeria’s palm wine tappers face stiff competition” 16 October 2021
allAfrica: “Mauritius Is the 51st Country With the Highest Disaster Risk, Says VPM Husnoo” 13 October 2021
International
Biodiversity, Protected Areas, and Culture
Reuters: “France’s Axa to invest 1.5 bln euros to fight deforestation” 14 October 2021
IISD SDG Knowledge Hub: “IISD/Pew Event Calls for Ambitious WTO Deal on Fisheries Subsidies” 5 October 2021
IISD SDG Knowledge Hub: “FAO Session Calls for Predictable Rules, Cooperation on Fisheries” 5 October 2021
Lexology: “Changes to Migratory Bird Treaty Act Program Announced” 8 October 2021
IISD ENB: Convention on Biological Diversity – CBD | UN Biodiversity Conference Part I | 11–15 October 2021 | Online
Lexology: “Florida Cooperative Assists in Animal Sanctuary Improvements” [USA] 11 October 2021
IISD SDG Knowledge Hub: Labatte G “Is a Gigaton of Emission Reductions from Forests Possible by 2025?” 14 October 2021
IISD SDG Knowledge Hub: “Current Decade is Last Chance to Prevent Total Collapse of Coral Reefs: Status Report” 14 October 2021
IISD SDG Knowledge Hub: Leskien D “FAO Commission on Genetic Resources for Food and Agriculture Endorses Framework for Action on Biodiversity for Food and Agriculture” 13 October 2021
Science: Cosier S “Overruling scientists, Florida commission authorizes fishing of the vulnerable goliath grouper” 13 October 2021
Science: Rochmyaningsih D “Massive road project threatens New Guinea’s biodiversity” 13 October 2021
The Jurist: Khandelwal K “UN nations gather and agree to action on biological diversity” 14 October 2021
The Jurist: Profiri I “Violence and natural resource depletion linked in international report” 9 October 2021
The Guardian: Stevenson R “Kayaks, drones, now paddleboards: the ‘silent’ sports that threaten seals” 16 October 2021
The Guardian: Weston P “One in five of Europe’s bird species slipping towards extinction” 14 October 2021
Climate Change and Energy
Carbon Pulse: “Taiwan proposes carbon tax, eyes 2023 roll-out” 14 October 2021
Carbon Pulse: “Australia releases first draft blue carbon offset method” 14 October 2021
Carbon Pulse: “EU nations show signs of outpacing climate goals, bringing higher ambition within reach –study” 14 October 2021
Reuters: Wacket M “Exclusive: Germany to slash renewable power fee to ease burden of higher energy bills – sources” 14 October 2021
Reuters: Spicer J and Irish J “Exclusive: Turkey set to receive 3.1 bln euro loans to help Paris climate goals –sources” 14 October 2021
Climate Works Australia: “Australia can capitalise on state and territory net zero momentum to keep the global 1.5 degree goal in play: report” 14 October 2021
World Economic Forum: “Why carbon offsetting doesn’t cut it” 22 September 2021
Climate Home News: “Turkey ratifies the Paris Agreement after approving a 2053 net zero goal” 6 October 2021
IISD SDG Knowledge Hub: “Strengthening EU Emissions Trading Scheme to Back up Climate Ambitions” 5 October 2021
IISD SDG Knowledge Hub: “High-level Events Leverage Partnerships for SDG 7, Paris Agreement” 5 October 2021
Lexology: “President of Mexico files constitutional reform bill on electricity” 7 October 2021
Carbon Pulse: “Twenty-four nations join EU-US alliance to slash methane emissions” 11 October 2021
Carbon Pulse: “Several nations produce revised Paris pledges ahead of latest UN deadline” 11 October 2021
Montel: “Few climate benefits in non-green hydrogen – study” 11 October 2021
Carbon Pulse: “Prospective German coalition agreed on 2030 coal exit” 15 October 2021
Carbon Pulse: “US moves to enable mandatory climate transparency for corporates and large emitters’ 15 October 2021
The Straits Times: “S’pore’s revised carbon tax rate for 2024 to be announced in Budget 2022: Lawrence Wong” 15 October 2021
Renew Economy: Mazengarb M ““Coal-o-phile Dundee”: Morrison’s climate denial outed in massive Times Square billboard” 15 October 2021
Utility Dive: “Empire Wind pushes opening of New York’s first offshore wind farm to 2026” 15 October 2021
Reuters: Sanicola L “California county says Marathon, Phillips projects may need to shrink due to environmental impact” 15 October 2021
The Sun: Wilkinson M and Clark N “HER MAJESTY THE GREEN: The Queen weighs into climate change crisis saying it’s ‘irritating’ world leaders don’t do enough to save the planet” 14 October 2021
Carbon Pulse: “Lawmakers urge EU to form ‘climate club’ of nations to escape border measures” 12 October 2021
Reuters: Garrison C and Volcovici V “Concrete industry says carbon capture a key to hitting emissions targets” 12 October 2021
Generation: “Listed Companies Account for 40% of Climate-Warming Emissions, Reveals New Research by Generation Investment Management” 11 October 2021
Climate Home News: “UN isolation fund launched to support COP26 delegates who contract Covid-19” 12 October 2021
Reuters: Guarascio F and Abnett K “Europe poised for more climate policy after 2021 overhaul” 12 October 2021
Clean Energy Wire: Wehrmann B “Redistribution mechanism essential to make Germany’s CO2 pricing socially acceptable – researchers” 12 October 2021
The Guardian: Carrington D “‘Overwhelming’ backing for strong climate action, UK study shows” 12 October 2021
The Guardian: Hurst D and Murphy K “US climate push on Australia and allies aims to ramp up pressure on China, ambassador says” 12 October 2021
Lexology: “New Jersey BPU Announces Transition of Community Solar Pilot Program to Permanent Program; Anticipates Announcement of Program Y2 Awards Shortly” [USA] 11 October 2021
Lexology: “Dutch sustainable energy subsidies and energy taxes” 12 October 2021
Lexology: “Climate conscious drafting to facilitate net-zero projects” [New Zealand] 12 October 2021
Carbon Pulse: “Energy transition going too slowly for net zero emissions pathway, IEA warns” 13 October 2021
Carbon Pulse: “Governments commit to enhance landscapes, say no trade-off for GHG cuts” 13 October 2021
Lexology: “Climate Change Adaptation and Resilience” [USA] 12 October 2021
Lexology: “COP26: What are the key decisions?” 12 October 2021
Lexology: “Illinois bans fossil fuels” [USA] 12 October 2021
Lexology: “Energy Crisis: UK government contemplates multi-billion subsidy package for energy intensive industries” 12 October 2021
Lexology: “The European Climate Law explained” 12 October 2021
Lexology: “Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package” 12 October 2021
Lexology: “Wind turbines found to be fixtures for landholder duty purposes” [Australia] 13 October 2021
Climate Law Blog: Gerrard MB “Taking Climate Change to the International Court of Justice: Legal and Procedural Issues” 29 September 2021
Climate Law Blog: Elkin J “Extreme Heat Protection Should Include Incarcerated Workers” 24 September 2021
Mail & Guardian: Bega S “Trio shares Nobel prize for groundbreaking climate science over 60 years” 15 October 2021
Bizcommunity: Joshi S, James G and Mittal S “Solar panels on half the world’s roofs could meet its entire electricity demand – new research” 12 October 2021
The Jurist: Maas C “North Carolina governor signs milestone energy bill” 15 October 2021
The Guardian: “Gen Z on how to save the world: young climate activists speak out” 17 October 2021
The Guardian: Gayle D “Inside Insulate Britain: on the road with the disruptive climate protesters” 17 October 2021
The Guardian: Harvey F and Ni V “Diplomats in last-ditch effort to bring world leaders to Cop26 table” 15 October 2021
The Guardian: Greenfeld P and Ni V “‘Ecological civilisation’: an empty slogan or will China act on the environment?” 16 October 2021
The Guardian: Remeikis A “Eight years, 20 policies: how Australia’s leaders have fumbled and dithered on climate” 16 October 2021
The Guardian: Davies R “UK poised to confirm funding for mini nuclear reactors for carbon-free energy” 15 October 2021
The Guardian: Ambrose J “Energy crisis reignites demand for oil, threatening climate targets, says IEA” 14 October 2021
BBC: McGrath M “Climate change: Carbon emissions from rich countries rose rapidly in 2021” 14 October 2021
Environmental Enforcement
Lexology: “Biden Administration Proposes Phase One Rule Revamping Environmental Permitting” 13 October 2021
Lexology: “High Court finds failure to comply with human rights duties in context of monitoring of pollutant levels” [UK] 14 October 2021
City.A.M.: Boscia S “UK must be willing to drop environmental standards to close trade deals, says leaked government email” 14 October 2021
Salon: Hedges S “The corporate state came for human rights lawyer Steven Donziger — and we’re next” [USA] 13 October 2021
Lexology: “EU Court dismisses appeal of rejection of State aid complaint by Irish Association” [Ireland] 6 October 2021
Natural Justice: Baumann E “Trends in Environmental Litigation: Establishing a Duty of Care for Large Corporations” 10 October 2021
Sabin Centre for Climate Change Law: A database of EIA Guidelines for Assessing the Impact of Climate Change on a Project
Sabin Centre for Climate Change law: A database for Case law (US, international and foreign) on climate change related issues
Lexology: “Australian Conservation Group Challenges EPA’s Decision to Renew Coal-Fired Power Stations’ Licences” 12 October 2021
Lexology: “Business and Human Rights: Revised GRI Standards Integrate UN Guiding Principles on Business and Human Rights and Foreshadow Emerging Mandatory Human Rights and Environmental Due Diligence Legislation” [USA] 12 October 2021
The Jurist: Sahay A “UNHRC held Paraguay liable for violating indigenous people’s right to traditional lands” 15 October 2021
The Jurist: Profiri I “Brazil president accused of ‘crimes against humanity’ for rainforest destruction” 13 October 2021
The Jurist: Mohamedbhai T “UN panel declines to rule on young activists’ climate case” 13 October 2021
The Jurist: Brem N “Norway Supreme Court rules for Sámi reindeer herders in wind power case” 11 October 2021
The Guardian: McGreal C “A US small-town mayor sued the oil industry. Then Exxon went after him” 16 October 2021
Local government
Lexology: “Sustainable buildings – real estate tools against climate change” 12 October 2021
Sydney Morning Herald: Taylor A “Court to decide on plans for 350 units at Sydney Park as locals seek green space” 17 October 2021
Reuters: Warburton M “Canadian Arctic city confirms ‘exceedingly high levels’ of fuel in water supply” 16 October 2021
Mining
Renew Economy: Parkinson G “BHP signs landmark renewable energy deal for huge Olympic Dam mine” 14 October 2021
Fracking fight
The Western States Petroleum Association sued California on Friday, saying the state government is overreaching its authority and imposing a de facto ban on fracking after rejecting several recent fracking applications. The powerful group represents fossil fuel interests in the state, which has been making moves to wean off its dependence on oil and gas to the group’s vocal protests. (Politico) [Carbon Pulse 12 October 2021]
The Jurist: Profiri I “California appeals court upholds decision repealing fracking ban” 13 October 2021
Mining Weekly: “‘Unleash American shale’ to end energy crisis” 15 October 2021
Lexology: “In brief: mining rights and title in Mexico” 27 May 2021
Lexology: “A thumbnail guide to oil exploration and production in Norway” 27 May 2021
Lexology: “Petroleum and Geothermal Energy (energy resources) Amendment Bill 2021 (sa) Summary” [Australia] 12 October 2021
Extractives Baraza: “Living Near Oil and Gas Wells Increases Air Pollution Exposure, According to Stanford Research” 13 October 2021
Extractives Baraza: “Newmont Executive Sees Green Mergers in Mining” 13 October 2021
Extractives Baraza: “China Floods: Coal Price Hits Fresh High as Mines Shut” 13 October 2021
Lexology: “Greenpeace’s appeal on the granting of consent in respect of the Vorlich field refused” 12 October 2021
The Jurist: Xenophontos G “EU to seek ban on oil and gas exploration in Arctic amidst climate crisis” 15 October 2021
Mining Weekly: “US Senator Manchin promises to block mining royalty plan’ 15 October 2021
Water, Oceans, Waste and Chemicals
IISD ENB: Helfenstein K “Healing the Ozone Layer Through Diplomacy” 13 September 2021
Lexology: “New California laws aim at plastics recycling and greenwashing” 14 October 2021
The Conversation: Iacovidou E and Ebner N “The plastic recycling system is broken – here’s how we can fix it” 14 October 2021
IISD ENB: 9th Session of the Meeting of the Parties to the Water Convention | Summary report, 29 September – 1 October 2021
IISD SDG Knowledge Hub: “Countries Must Follow Science on Toxic Substance Exposure: Special Rapporteur” 5 October 2021
IISD SDG Knowledge Hub: “U.S. EPA Announces Further Regulation of Manufactured Goods Under Toxic Substances Control Act” 5 October 2021
Lexology: “New California Law Places Restrictions on Recyclability Marketing” 8 October 2021
IISD SDG Knowledge Hub: “Midterm Review of Water Decade Aims for Watershed Moment in 2023” 11 October 2021
Lexology: “GAO Asks Whether Chemical Recycling Can Reduce Plastic Pollution” 12 October 2021
Lexology: “EPA May Require Companies To Know All The Chemicals In Products They Make Or Sell” 11 October 2021
IISD SDG Knowledge Hub: “Two New Pesticides to be Recommended for Rotterdam Listing” 14 October 2021
IISD SDG Knowledge Hub: “New Database Helps Track Trade Across the Life Cycle of Plastics” 11 October 2021
IISD SDG Knowledge Hub: “Midterm Review of Water Decade Aims for Watershed Moment in 2023” 11 October 2021
Lexology: “The More Things Change … The Most Recent Clean Water Act Confusion” [USA] 12 October 2021
Lexology: “Amendments to the Act on Packaging and Packaging Waste Management” 12 October 2021
The Jurist: Johnson H “California justice department opens investigation into Huntington Beach coast oil spill” 12 October 2021
The Guardian: Green G “These Maldives islanders once saw sharks as the threat. Now they fear the plastic” 15 October 2021
The Guardian: Gillam C and Chang A “Revealed: more than 120,000 US sites feared to handle harmful PFAS ‘forever’ chemicals” 17 October 2021
The Independent: Cockburn H “France to ban plastic packaging for fruit and vegetables from January 2022” 14 October 2021
Miscellaneous
Lexology: “ESG Tracker- 14 October 2021” 14 October 2021
IISD ENB: 49th Session of the Committee on World Food Security | 11–14 October 2021 | Online
Euractiv: Mace M “G7 to explore carbon pricing and green finance for developing nations” 14 October 2021
IISD ENB: UN World Data Forum 2021 | Summary report, 3–6 October 2021
IISD SDG Knowledge Hub: “Bern Forum Sets out Vision for World with Data We Trust” 11 October 2021
IIS ENB: 4th Session of the Forum of Ministers and Environment Authorities of Asia Pacific | Summary report, 2–7 October 2021
IISD SDG Knowledge Hub: “ITC Event: From Competition to Collaboration in Sustainability Standards” 5 October 2021
IISD SDG Knowledge Hub: “UNCTAD Conference Calls for New Approaches to Achieve Prosperity for All” 11 October 2021
Lexology: “To green or not to green?” 7 October 2021
ESG Today: “EU Launches the Largest-Ever Green Bond Issue, Deal Draws Record Demand” 13 October 2021
The Canberra Times: James E “Tasmania to make net zero in 2030 law” [Australia] 13 October 2021
The Conversation: Parsons L “Overseas trade has a hidden environmental ‘disaster footprint’ – new report” 13 October 2021
IISD SDG Knowledge Hub: “UN Platform Enables SDG Indicator Data Analysis” 11 October 2021
IISD SDG Knowledge Hub: “UNCTAD Conference Calls for New Approaches to Achieve Prosperity for All” 11 October 2021
The Jurist: Ang T “US rejoins UN Human Rights Council after three years” 14 October 2021
Conferences, Workshops, Study Opportunities
National
High Level Panel on Africa Human Rights Day marking the 40th anniversary of the adoption of the African Charter on Human and Peoples’ Rights
Thursday: 21 October 2021
Time: 11:00-13:00
This year, the African Charter on Human and Peoples’ Rights celebrates 40 years since its adoption on 27 June 1981. The Human Rights Institute of South Africa (HURISA), the South African Human Rights Commission (SAHRC) and the Centre for Human Rights, University of Pretoria (CHR), are jointly hosting a virtual celebratory event. 21 October is ‘Africa Human Rights Day’, marking the day, in 1986, when the African Charter entered into force.
All participants are required to register on Zoom. The event will be live-streamed on Facebook and YouTube. Simultaneous interpretation in English and French will be available. Download the invitation
EASA Webinar: Conduit Hydropower Development
Date: 20 October 2021
Time: 14:00- 15:30 Virtual Platform
Registration
The United Nations Industrial Development Organization (UNIDO) and the National Cleaner Production Centre South Africa (NCPC-SA) invite you to the relaunch of the Industrial Energy Efficiency in South Africa LinkedIn group, facilitated by the international award winning South African Industrial Energy Efficiency project
Join our experts, industry leaders and other thought leaders on this peer-to-peer knowledge exchange platform for the latest information, tools and guides available to this vital sector.
Date: 25 October 2021
Time:10:00 – 12:00 Format: Online platform
Enquiries: Registration
The EAPASA Registration Team is inviting all prospective EAPs to join the Virtual Registration Process Workshop that has been organised. During the session, information on how to use the Online Registration System, tips on responding to the Core Competences and examples of the type of Portfolio of Evidence (POE) to be submitted during the application will be unpacked [IAIAsa Newsletter]
Date: 22 October 2021
Time: 10:00am to 12:00pm Venue: Microsoft Teams
Please follow this link to join the meeting.
The Academy of Science of South Africa (ASSAf): Dual-Use Research of Concern
Date: 30 November 2021
Time: 13:00 to 15:00 Venue: Zoom (link to be provided upon registration) RSVP: Click here to register
NSTF: ‘Loadshedding and power cuts – what is really going on?’
Dates: 25-26 October 2021
This is an online live streamed and interactive event on Zoom (free event but registration needed)
More information
International
Te Piringa Environmental Law Online Symposium
Date: 19 September 2021
Time: 8:30am – 5:45pm (New Zealand Time)
Please join us for Te Piringa Environmental Law Symposium, supported by IUCN Academy of Environmental Law, a one-day online symposium showcasing cutting-edge environmental law research and policy. The Symposium is held in celebration of Te Piringa Faculty of Law’s 30th anniversary. You can view the symposium presentations live by clicking the ZOOM Webinar link here Recordings will be made available afterwards.
Registration
Indigenous Peoples and Climate Change: Preparing for COP26
World leaders will soon gather in Glasgow for COP26. As the U.S. rejoins the Paris Agreement, Indigenous Peoples, their traditional knowledge and relationship with the earth are also at the forefront. Join Colorado Law for a discussion with Indigenous leaders and advocates to learn what’s at stake for all of us.
Date: Wednesday, 20 October 2021
Time: 12:00-1:15 p.m. MDT
Join via Zoom: https://lawschool.colorado.edu/e/666563/AILP/7ytf54/1033369967?h=7saTfmlwI412TzJESjFDfpLUVSkn10U1VttuBLJFsSY
Sutton Colloquium–Climate Change & Energy Transition
This three-part panel series will offer expert perspectives on the fast-paced, climate change-driven global transition to clean energy. The rapidly advancing transition will broadly impact law and legal professionals — the presenters in this Colloquium will address issues of interest and concern in the areas of policy, finance/development capacity, and equity/justice.
Dates: Wednesday, Thursday and Friday: 27, 28 and 29 October 2021
Time: 7:30-8:45 am Mountain Time
More information
Vacancies, Bursaries, Funding, Opportunities, etc.
National
University of Venda: Lecturer
Closing date: 12 November 2021
More information
University of Venda: Senior Lecturer
Closing date: 12 November 2021
More information
University of Stellenbosch: Associate Professor / Senior Lecturer / Lecturer: Law of Succession
Closing date: 12 November 2021
More information
Candidate Attorneys (2022) Centurion
More information
Van der Merwe & Robertson Inc Candidate Attorney – EE female Durbanville, Western Cape
More information
EDGE Education Law Content Developer: Cape Town/Remote
More information
Law firm in Brooklyn: Candidate Attorney for litigation department
More information
Vacancy : Environmental Consultant: Pretoria, Gauteng – Closing Date: 22 October 2021
The Independent Institute of Education: Head of Programme: Law
More information
International
National University of Singapore Post-Doctoral Fellowships In Academic Year 2022-2023
Carbon Market Associate, The Nature Conservancy – Arlington/London/Elsewhere
Global Carbon Markets Program Manager, The Nature Conservancy – London/Brussels
Director of Fund Operations, Conservation International – Arlington/Seattle/Remote
Senior Portfolio Manager, Conservation International – Arlington/Seattle/Remote
Manager, Policy and Advocacy, Carbon Market Institute – Melbourne/remote
Senior Development Officer, Government and Multilateral Agencies, Gold Standard – Geneva/Remote
Senior Development Officer, Foundations and Corporations, Gold Standard – Geneva/Remote
Visiting Assistant Professor (VAP) at the Elisabeth Haub School of Law
The Elisabeth Haub School of Law seeks to hire a Visiting Assistant Professor (VAP) for the academic year 2022-2023. The VAP will hold a one-year appointment, renewable for a second one-year term. The appointment is designed to mentor and train future law professors and prepare them for the law school teaching market. Pace Law is committed to increasing the diversity of the legal academy; we are seeking candidates who are interested in teaching and scholarship in any area of law.
The VAP will have a teaching load of one course per semester and the opportunity to focus on scholarly research and writing. The VAP will receive the same office and administrative support as other faculty members, is invited to participate fully in faculty activities, and will receive a small travel and research fund. The VAP will receive feedback and mentoring from faculty members and will present a work-in-progress to the faculty at our weekly scholarly colloquium.
Applicants for the Visiting Assistant Professor position should submit:
- Cover letter (discussing qualifications and interests)
- Curriculum Vitae (that lists three references and law school courses the candidate would be interested in teaching)
- Law school transcript
- One published scholarly article or an unpublished paper draft or prospectus that reflects the candidate’s scholarly interests and potential
Pace is committed to achieving equal opportunity in all aspects of University life. Applications are encouraged from people of color, individuals of varied sexual and affectional orientations, individuals who are differently abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of the law school.
Applications for both positions should be received by Friday, December 17, 2021, but will be considered thereafter until the position is filled.
If you would like to be considered for either of these positions beginning in the Fall of 2022, please send your application materials via email to Lorraine Rubich at . Please direct any questions to Professor David Cassuto at . Only electronic submissions will be accepted.
The Sabin Center: Climate Law Fellow for a two-year appointment
Details & link to apply here
Candidates are strongly encouraged to apply before January 15, 2022
_________________________________________________________________________________________
Featured image credit: Bird by Lochner Slabbert
End
