5 February 2021
Legislation
Bills
Bills before Parliament (as of 2 February 2021)
- Economic Regulation of Transport Bill (B1-2020)
- National Road Traffic Amendment Bill (B7-2020).
- Employment Equity Amendment Bill (B-14-2020). Independent Electricity Management Operator Bill (B14-2019).
- National Environmental Management Laws Amendment Bill (B12-2017)
- National Forests Amendment Bill (B11-2016)
Bills before the President (as of 2 February 2021)
- National Land Transport Amendment Bill (B7-2016)
[Imbewu Monthly Sustainability Newsletter & SHE Legislation Update January 2021]
Directions
Disaster Management Act 57 of 2002 – Directions
- GN R73 in GG 44133 of 3 February 2021 – Measures to address, prevent and combat spread of Coronavirus COVID-19 in all courts, court precincts and justice service point
Notices
Disaster Management Act 57 of 2002 – GN R69 in GG 44130 of 1 February 2021 – Regulations: Alert level 3 during Coronavirus COVID-19 lockdown: Amendment
Gas Act 48 of 2001 – GN 74 in GG 44134 of 3 February 2021 – Gas Act: 2021 Rules: Comments invited
Petroleum Products Act 120 of 1977 – GN R72 in GG 44131 of 2 February 2021 – Regulations: Single maximum national retail price for illuminating paraffin
Petroleum Products Act 120 of 1977 – GN R71 in GG 44131 of 2 February 2021 – Maximum retail price for liquefied petroleum gas
Petroleum Products Act 120 of 1977 – GN R70 in GG 44131 of 2 February 2021 – Regulations: Amendment
[If a Government Gazette was published on 5 February 2021 it was not available on the internet at time of publication of this Newsletter]
Provinces
Western Cape
Spatial Planning and Land Use Management Act 16 of 2013 and the relevant corresponding provisions in the applicable By-Laws on Land Use Management in the respective participating Municipalities – PG Extraordinary 8377 of 4 February 2021 – Mossel Bay Municipality – Memorandum of Agreement For a Joint Municipal Planning Tribunal for the Eden Region
Western Cape Government: Department of Local Government: Consolidated Annual Municipal Performance Report 2018/2019 – PG Extraordinary 8378 of 3 February 2021
Guidelines
GUIDELINES
The Species Environmental Assessment Guideline (which was designed to support implementation of the Terrestrial Plant and Animal Species Protocols) is now available on SANBI’s website. So is a Comments and Response Report, which explains how SANBI addressed the comments and concerns raised regarding the initial draft of the Guideline, which was published for public comment in March 2020.
[Dr ">Melissa Lewis Policy and Advocacy Programme Manager BirdLife South Africa]
Cases
International
Oxfam France, Notre Affaire À Tous, Fondation Pour La Nature Et L’Homme, Greenpeace France v France – Tribunal Administratif De Paris, No 1904967, 1904968, 1904972, 1904976/4-1 – 3 February 2021 [French only]
- The Administrative Tribunal of Paris has held the French state responsible for failure to fight climate change – Read more on the case in The New York Times 3 February 2021 / Oxfam
Publications
National
2019 SAJELP
- Lubbe N and Honkonen T “Adapting transboundary water agreements to climate change: Experiences from Finland and Southern Africa” 5-41
- Elliott F and Blackmore A “A hitchhiker’s guide to South Africa’s wetland legislative framework and international obligations” 42-72
- Hall J “Taking the sting out of the (green) Scorpions’ tail: Latest developments in the adjudication of waste management enforcement disputes” 73-101
- Rumble O “
- Drawing the short straw: Regulating plastic pollution in South Africa” 102-145
- Umenze NSS “Twenty years of the Bamako Convention: Recounting Africa’s waste trade experience and its journey to toxic waste freedom” 146-184
- Mkhonza A “Mining in the Mabola Protected Environment” 185-200
- Akintayo JAO and Tarh-Akong Eyongndi D “Promoting the right to environmental justice through the Supreme Court’s liberalisation of locus standi in Nigeria” 201ff
Mathiba G and Lefenya K “Rethinking the Regulation of Mining Activities in a Declared Protected Environment: MEJCON Case Analysis” 2021 34(2) Speculum Iuris 147-155
Chauhan R “Social justice for miners and mining-affected communities : the present and the future” 2020 39(2) Obiter 345-362
Botts EA et al “More than just a (red) list: Over a decade of using South Africa’s threatened ecosystems in policy and practice” 2020 246 Biological Conservation https://doi.org/10.1016/j.biocon.2020.108559
Lubbe WD and Spijkers O “Taking Stock of United Nations and African Union Constitutionalism” 2021 29(1) African Journal of International and Comparative Law 62–81 DOI: 10.3366/ajicl.2021.0350
Call for Papers: Artifacts of Judging: Justice Johan Froneman
Early in the Constitutional era, in Qozeleni v Minister of Law and Order and Another 1994 (3) SA 625 (E) Justice Johan Froneman called for the “Rubicon … to be crossed not only intellectually, but also emotionally before the interpretation and application of the … Constitution is fully to come into its own right”. He further argued for the Constitution “to become … a living document”. In his many judgements in a judicial career spanning 25 years, Justice Froneman suggested some of what such a crossing of the Rubicon could entail. He also gave meaning to the idea of the Constitution as a living document. To mark his recent retirement from the Constitutional Court, this is a call for contributions that unpack, reflect on, evaluate and further the work of and themes tackled by Justice Froneman. Abstracts are invited for papers dealing with any aspect or theme of Justice Froneman’s body of work. Papers will then be presented at a seminar and published in either an edited book or a special edition of a journal. Abstracts to be submitted by the 1st of March 2021 to . Notice of acceptance to be sent by the 15th of March 2021. Workshop planned for June/ July 2021, date to be confirmed. Final papers to be submitted for review by 30th of September 2021.
International
Lindsey P et al “Conserving Africa’s wildlife and wildlands through the COVID-19 crisis and beyond” 2020 4 Nat Ecol Evol 1300–1310 https://doi.org/10.1038/s41559-020-1275-6
Quinn C et al “Rapid Climate Risk Assessment for the SADC Region” (SADC Futures: Developing Foresight Capacity for Climate Resilient Agricultural Development Knowledge Series. CCAFS Report Wageningen, the Netherlands: CGIAR Research Program on Climate Change, Agriculture and Food Security (CCAFS))
Mukarati Norman L et al “A serological survey of Bacillus anthracis reveals widespread exposure to the pathogen in free‐range and captive lions in Zimbabwe” 2020 Transboundary and Emerging Diseases https://doi.org/10.1111/tbed.13842
Mukarati NL et al “The pattern of anthrax at the wildlife-livestock-human interface in Zimbabwe” 2020 14(10) PLoS Negl Trop Dis https://doi.org/10.1371/journal.pntd.0008800
Speth JG and Courrier K (eds) The New Systems Reader: Alternatives to a Failed Economy (Routledge 2021)
Mont A (ed) A Research Agenda for Sustainable Consumption Governance (2019 Edward Elgar Research Agendas Open access)
Kalen S “A Bridge to Nowhere? Our Energy Transition and the Natural Gas Pipeline Wars” 2020 9 Mich. J. Envtl. & Admin. L. 319 available at: https://repository.law.umich.edu/mjeal/vol9/iss2/3
Klass AB “Eminent Domain Law as Climate Policy” 2020 49 Wisconsin Law Review Available at SSRN
Slater T et al “Review article: Earth’s ice imbalance” 2021 15 The Cryosphere 233–246 https://doi.org/10.5194/tc-15-233-2021
Dann P and Rieger M “The World Bank’s Environmental and Social Safeguards and the evolution of global order” 2020 32(2) Leiden Journal of International Law 537–559 DOI: https://doi.org/10.1017/S0922156519000293
Meguro M “Litigating climate change through international law: Obligations strategy and rights strategy” 2020 33(4) Leiden Journal of International Law 933-951 DOI: https://doi.org/10.1017/S0922156520000473
Ranganathan S “Seasteads, land-grabs and international law” 2019 32(2) Leiden Journal of International law 205–214 DOI: https://doi.org/10.1017/S092215651900013X
Feichtner I “Mining for humanity in the deep sea and outer space: The role of small states and international law in the extraterritorial expansion of extraction” 2019 32(2) Leiden Journal of International law 55–274 DOI: https://doi.org/10.1017/S0922156519000013
Alejandro Camacho “De- and Re-constructing Public Governance for Biodiversity Conservation” 2020 73 Vand. L. Rev. 1585-1641
Egger D et al “Falling living standards during the COVID-19 crisis: Quantitative evidence from nine developing countries” 2021 7(6) Science Advances DOI: 10.1126/sciadv.abe0997
Markonis Y et al “The rise of compound warm-season droughts in Europe” 2021 7(6) Science Advances DOI: 10.1126/sciadv.abb9668
Liu P & Ravenscroft R “Collective forests and the community at the legal frontier of property rights reforms in China” 2021 The Journal of Legal Pluralism and Unofficial Law DOI: 10.1080/07329113.2021.1872007
Agarwala N “Advances by China in deep Seabed mining and its security implications for India” 2021 Australian Journal of Maritime & Ocean Affairs DOI: 10.1080/18366503.2021.1871810
Blogs, Discussions, Websites, Videos, ETC
South Africa
Biodiversity
Daily Maverick: Carnie T “‘Silent horses’: Anti-poaching e-bikes charge into SA bushveld battle” 4 February 2021
Climate change and energy
Daily Maverick: Yelland C “South Africa’s new nuclear power plan is a high-regret option” 5 February 2021
Daily Maverick: Erasmus D “KZN government rejects Engen refinery blast report for lack of detail” 4 February 2021
Local government
Business Day: Sguazzin A “Harith wants to build Joburg’s first gas-fired power plants – The new plants could jointly produce between 450MW and 700MW of power, depending on the technology used” 5 February 2021
Miscellaneous
TimesLive: Kesa D “Watch | Malaria to be eradicated soon? Here’s what you need to know about SA’s big breakthrough” 3 February 2021
Bizcommunity: Keddie L “What is sustainability accounting? What does ESG mean? We have answers” 3 February 2021
Africa
Biodiversity
allAfrica: Chitemba B “Zimbabwe: Mugabes’ Diamond, Ivory Deals Exposed” 2 February 2021
allAfrica: Ngila F “Kenya: Saving the Mountain Bongo, a Rare Antelope At Risk of Extinction” 5 February 2021
allAfrica: Shikongo A “Namibia: Less Poaching, More Arrests in 2020” 5 February 2021
allAfrica: Movirongo C “Namibia: Human-Wildlife Conflict Incidents Cost Government Millions” 5 February 2021
allAfrica: Movirongo C “Namibia: Elevated Measures Set to Address Poaching in the Country – Minister” 4 February 2021
allAfrica: Ojuola B “Nigeria: 37 Herdsmen, 5,000 Cows Chased Out of Ondo Forest Reserves” 4 February 2021
allAfrica: Gassner A, Dobie P and Sunderland T “Africa: New Targets to Protect Biodiversity Must Include Farmers and Agriculture” 3 February 2021
allAfrica: “Namibia: New Project to Boost Sustainable Wildlife Management and Food Security in Kaza Conservation Area” 4 February 2021
allAfrica: “Somalia Declares State of Emergency Over Locusts” 4 February 2021
The Conversation: Pennington BT “Environmental change may have played a role at the dawn of Egyptian history – here’s how” 4 February 2021
Science: Gibbons A “A mysterious disease is killing chimps in West Africa. Scientists may now know the culprit” 3 February 2021
Climate Change and Energy
allAfrica: Landesa RM “Africa: Opinion – We Can’t Tackle Climate Change Without Indigenous People” 4 February 2021
allAfrica: Kumpel N et al “Uganda’s Batwa Community Are Vulnerable to Climate Change, but Aren’t Involved in Adaptation Decisions” 3 February 2021
allAfrica: “Gambia: Regional Climate Weeks to Drive Forward Climate Action in 2021 & 2022” 3 February 2021
Environmental enforcement
allAfrica: Njanike N “Zimbabwe: Ema Orders Stop to Housing Developments on Monavale Wetlands” 4 February 2021
Local government
allAfrica: “What do you really know about sanitation?” 1 February 2021
allAfrica: “Zimbabwe: EMA Cautions Bulawayo Over Raw Sewerage Disposal” 4 February 2021
allAfrica: “Zimbabwe: Ema Gives Harare 10 Days to Clear Dumpsites” 4 February 2021
The Conversation: Van Campenhout B and Miehe C “Does bottom-up monitoring improve public services? What we found in Uganda” 4 February 2021
Mining
Mail & Guardian: Unah L and Iruoma K “Nigerian farmers hail Shell ruling, but future remains uncertain” 1 February 2021
Business Day: Meeran R and Mbuyisa Z “Anglo must address its poor legacy of harming communities – The Kabwe lead mine in Zambia was within the Anglo group for 50 years and generations of people have suffered from lead poisoning” 5 February
allAfrica: Shikongo A “Namibia: Wildlife Fund Warns Against Kavango Drilling” 5 February 2021
Lexology: “Spotlight: the legal framework and licensing regime for mining in Angola” 10 November 2020
Water, sanitation, oceans, and chemicals
IISD SDG Knowledge Hub: Portier B “Innovative Solutions Needed for Wetlands in Crisis” 3 February 2021
allAfrica: Mutanu B “Kenya: City Residents’ Lives at Risk Over Open Burning of Waste” 4 February 2021
allAfrica: “Africa: Bold Action Needed to Clean Up Battery Industry – New Report” 4 February 2021
Miscellaneous
Bizcommunity: Goodrich G “Sowing the seeds of industrial farming in Mozambique” 3 February 2021
The Conversation: Ogundairo A and Ijimakinwa F “Insights from Fulani pastoralists and host communities in southwestern Nigeria” 3 February 2021
International
Biodiversity, protected areas, and culture
Thomas Reuters Foundation: Zuker F “From gene sequencing to chocolate, Brazil’s Amazon looks for a new development model” 1 February 2021
Thomas Reuters Foundation: Rowling M “Expert views – ‘Nature is our home’: Economists call for green approach to valuing wealth” 2 February 2021
IOS: Mrema ME “For Nature and People: Towards the Post-2020 Global Biodiversity Framework” 18 January 2021
The Independent: Wang J “Stop the Illegal Wildlife Trade: How loopholes in China’s animal protection law risk new virus outbreaks” 2 February 2021
The Independent: Andersen I and Watson R “Nature is our most precious asset. When economists are saying to value it or face ruin, it’s time to listen” 4 February 2021
Lexology: “Brazil: National Policy of Payments for Environmental Services is implemented” 1 February 2021
Lexology: “Nitrogen news: Decision by the Council of State on the framework for revoking (irrevocable) nature permits and the permit obligation for internal netting” [Netherlands] 4 February 2021
Science: Barath H “Lizards may be protecting people from Lyme disease in the southeastern United States” 5 February 2021
Climate change and energy
The Atlantic: Brannon P “The Terrifying Warning Lurking in the Earth’s Ancient Rock Record” March 2021 Issue
Clean Energy Wire: Wettengel J “Germany must urgently adapt energy targets to new EU climate goals – experts” 3 February 2021
IISD SDG Knowledge Hub: “IRENA Assembly Launches Global High-Level Forum on Energy Transition” 3 February 2021
IISD SDG Knowledge Hub: Vieira P “More than Just Words: Working Together Accelerates Ambition for Climate and Sustainable Development” 3 February 2021
Westchester Lawyer: Robinson N and Ottinger R “Climate Change Mitigation” 12-13 (December 2020)
Daily Maverick: Curtis M “Revealed: Dozens of UK former senior officials profit from fossil fuel corporations, rubber-stamped by Whitehall committee” 4 February 2021
New Zealand Legislation: Climate Change Response (Auction Price) Amendment Bill 2021
Cision: “Rosneft and BP agree to cooperate on Carbon Management and Sustainability” 4 February 2021
Newswise: University of Cambridge “Climate change may have driven the emergence of SARS-CoV-2” 2 February 2021
Lexology: “Canada’s Hydrogen Strategy: An Ambitious Framework for a Strong Hydrogen Economy” 2 February 2021
Lexology: “Massachusetts Legislature Passes Landmark Climate Legislation…Again” 2 February 2021
Lexology: “California Bill Seeks Additional Greenhouse Gas Disclosures from Major Public Corporations” 2 February 2021
Lexology: “Mandatory GHG Corporate Disclosure Bill Introduced in California” 1 February 2021
Lexology: “D.C. Circuit Vacates Trump’s ACE Rule and Deals Biden’s EPA New Hand for Regulating Power Plant Greenhouse Gas Emissions” 26 January 2021
Environmental enforcement
Lexology: “At a glance: enforcement of environmental law in Mexico” 24 September 2020
Lexology: “The Definition of ‘Ecocide’” [USA] 2 February 2021
Lexology: “Environmental Claims – Is it time for the food and beverage industry across Europe to reconsider these claims?” 2 February 2021
Lexology: “Federal Government releases Final Report of the independent review of the EPBC Act” [Australia] 2 February 2021
Lexology: “Save the planet for future generations – just not right now” [UK] 27 January 2021
Local government
Thomas Reuters Foundation: Tabary Z “The UK’s Grenfell cladding crisis: What you need to know” 2 February 2021
Thomas Reuters Foundation: Carey CL “Forget no one: U.S. cities use real-time data to end homelessness” 1 February 2021
Mining
Lexology: “A thumbnail guide to oil exploration and production in Argentina” 29 June 2020
Lexology: “A thumbnail guide to oil exploration and production in Mexico” 29 June 2020
Lexology: “In brief: natural gas production in Denmark” 10 March 2020
Water, oceans, waste, and chemicals
IISD SDG Knowledge Hub: “UNEP Manual Suggests Ways to Advance Green and Sustainable Chemistry” 3 February 2021
Nature: “Mystery on high: an ozone-destroying chemical appears in the air” 28 January 2021
Lewis & Clark Law School: “Alumni Work to Protect Pristine Alaskan Watershed” 8 February 2021
OHCHR: Call for submission: Special Rapporteur on toxics and human rights Upcoming thematic report on the right to benefit from scientific progress and its applications by 15 March 2021
Bizcommunity: Ross PS “They’re everywhere: New study finds polyester fibres throughout the Arctic Ocean” 1 February 2021
USAID: “USAID supports AXA’s $11 million investment in forest carbon for wetland forest restoration in Indonesia” 4 February 2021
Lexology: “Jones Act Extended to the Pristine Seabed of the Outer Continental Shelf” 3 February 2021
Lexology: “Pesticide Exposures Information: Who is entitled to What and How Can They Use It?” 3 February 2021
Lexology: “Energy from Waste: the solution to Australia’s war on waste?” 4 February 2021
Lexology: “Grasping at Straws: Regulatory and Trade Considerations Regarding Canada’s Proposed Single Use Plastics Policy” 28 January 2021
Lexology: “Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund” 1 February 2021
Miscellaneous
E&E News: Wittenberg A “How Dr. Seuss got ‘mad’ and spoke for the trees 50 years ago” 1 February 2021
IISD SDG Knowledge Hub: “UN Secretary-General Presents 10 Priorities for 2021” 2 February 2021
IISD SDG Knowledge Hub: “World Economic Situation and Prospects Report Underscores Role of SDGs in Emerging from Pandemic” 3 February 2021
IISD SDG Knowledge Hub: “Governments to Discuss HLPF Reforms, Themes for 2022-2023” 3 February 2021
MIT Technology Review: The Green Future Index 2021
The Green Future Index is a ranking of 76 leading countries and territories on their progress and commitment toward building a low carbon future. It measures the degree to which their economies are pivoting toward clean energy, industry, agriculture, and society through investment in renewables, innovation, and green finance.
Lexology: “2021 Predictions: What’s on the horizon for the environment?” [EU] 28 January 2021
US Department of Justice Environment and Natural Resources Division: Withdrawal of Memoranda and Policy Documents that does not correspond with the protection of the environment or addressing climate change 4 February 2021
Pace Law School: Inga Caldwell, Associate Director of Environmental Law Programs, worked with her colleagues in the ABA Section of Environment, Energy, and Resources’ Leadership Development Program to develop lesson plans and a video to teach the next generation about the importance of environmental law. The lesson plans cover an introduction to environmental law, air quality, water quality, endangered species, and waste and chemical management. The lesson plans and video are available here.
Farm Bill Law Enterprise: “U.S. Domestic Ethanol Policy” (2020)
Nature: Leeming J “Meet the food pioneer whose meat replacements are rocking the gravy boat” 1 February 2021
IISD SDG Knowledge Hub: Konrad N et al “Vegetarianism: Should We Rethink its Role in Sustainability?” 1 February 2021
Conferences, Workshops, Study Opportunities
National
ELA Streaming Club: Uniontown
Date: 25 February 2021
Time: 18:30 – 20:00 SAST
More information
IAIAsa North-West branch webinar: Learning from South African impact assessment research
Some of our North-West University Masters students will be sharing the findings of their research. Please join us to listen to their interesting findings and the implications for industry.
The event is free to IAIAsa members and student members. Non-members: R200; Student non-members: R200. Place for 100 participants. Please cancel if you do not attend.
Registration link
CBSS Training Courses in Water Governance scheduled for 2021
Considering that our current Level of COVID-19 Regulations are still in force until 15 February, and that the new strain of the coronavirus is especially virulent, we unfortunately have to postpone our Courses scheduled for 9 – 11 February (in Pretoria) and for 9 – 11 March (near Stellenbosch) to the second half of the year. We are doing our best to comply with the government’s decision to limit gatherings for extended periods of time, and we remain committed to safeguarding the health and safety of all our delegates.
Our new course dates are as follows:
- 17 – 19 August 2021, in Pretoria
- Refresher (for those who attended previous courses): 19 August 2021
- Early Bird discount applicable until 6 July 2021
- Registration closes 20 July 2021
- Only TWO (2) seats still available
- 7 – 9 September 2021, near Stellenbosch
- Refresher (for those who attended previous courses): 9 September 2021
- Early bird payment before 20 July 2021
- Registration closes 3 August 2021
- Nine (9) seats still available
- Mpumalanga, KZN and Eastern Cape: date and venue to be confirmed, depending on interest
You can register here
You can also listen to one of Carin’s presentations on the role of water monitoring in water governance, here
SANBI: 2nd National Indaba on Ecological Infrastructure
Date: 3-4 March 2021 online
Time: Day 1: 09:00-16:00; Day 2: 10:00-15:00
For more information contact Dansile Cindi
IMBEWU’s Environmental Law Update Workshop
Online course: To book, email sam@imbewu.co.za or call us on 011 214 0660
International Bar Association virtual launch of the eBook Contested Histories in Public Spaces: Principles, Processes, Best Practices
Date: 11 February 2021
Time: 17:00 (GMT)
The. This landmark volume is edited by Dr Timothy W Ryback, Dr Mark Ellis and Benjamin Glahn. It is intended for decision-makers confronting disputes over statues, street names, monuments, and other historical markers, with particular focus on the legal constraints and opportunities for action. Register here
Webber Wentzel: The TMT sector: setting the scene for 2021
Date: 18 February 2021
Time: 12:00-13:30
Please join the webinar at the scheduled time by clicking here
For any queries – please email
DTI, NRF and Access: Functional Climate Change Research Network: Conversations on Climate Change
- Conversation 4: Trends and changes to sea ice, Greenland ice & the cryosphere in general, and what this means to us everywhere else!
Date: 22 February 2021
Time: 16:30 (SAT)
Register for this one here and here for more information
- Conversation 5: Climate change’s biggest impact will be felt in human health and wellbeing – right?
Date: 2 March 2021
Time: 16:00 (SAT)
Register here and more information here
SAEEC: Energy Performance Certificate (EPC) One-day Training Course
Date: 23 February 2021
The Minister of Mineral Resources and Energy has, under section 19(1) (b) of the National Energy Act published regulations for the mandatory display and submission of Energy Performance Certificates for buildings in Notice 700 of Government Gazette 43792 of 8 December 2020.
Briefly, if you own or are responsible for a building which has a total net floor area of over 1000 m2 in the public sector and 2000 m2 in the private sector, then these regulations do affect you.
Owners must display a certificate of the building’s “energy performance” at the building’s main entrance. The energy performance refers to the net energy consumed in kilowatt hours per square meter per year – including for heating, hot water heating, cooling, ventilation, and lighting. An energy performance certificate must also be submitted to the South African National Energy Development Institute (SANEDI) every 5 years. Registration
International
UNESCO: Online workshops
- #5: Education for Sustainable Development and the Climate Emergency: bending the curve for climate change
Date: 10 February 2021
Time: 10:00 am GMT+1 (Paris time)
Registration - #6: ESD and lifestyle: Re-designing consumption and production
Date: 10 March 2021
Time: 14:00 GMT+1 (Paris time) - #7: ESD for 2030 framework and the Berlin Conference: Time to act – Now or Never
Date: 14 April 2021
Time: 12:30 GMT+1 (Paris time)
Register here
Columbia Law School: Sabin Colloquium on Innovative Environmental law Scholarship
Date: 20-21 May 2021 (via Zoom)
This 9th Annual Sabin Colloquium will allow junior environmental law scholars to present early-stage work and receive constructive feedback from a panel of senior scholars and from each other. Eligible applicants are pre-tenure professors, fellows, visiting assistant professors, and other junior scholars in similar academic positions. Papers on environmental law, energy law, natural resources law or water law are eligible. No junior scholar may participate in the Colloquium more than twice. The panel will select the proposals for discussion based on the degree of innovation they exhibit, the extent to which they point toward practical solutions to environmental problems, and whether, based on the scholarly and analytical quality of the proposals, they are likely to lead to high-quality work products. To enter, please submit a cover letter, an outline or concept paper of 5 -15 double-spaced pages, and a C.V. to by March 1. If an article has already been drafted, please just submit a summary of no more than 15 pages. Footnotes are not expected. Articles that have already been accepted for publication are not eligible. This event is for early-stage work that can still be significantly shaped by the discussion at the Colloquium. Authors of selected papers will be notified by March 30. All Colloquium participants will be expected to participate in the full program (the afternoons of May 20 and 21) and to read and comment on each others’ proposals. The Colloquium will be conducted virtually via Zoom.
WWF Emerging Disease, Wildlife Trade and Consumption: The Need for Robust Global Governance
Date: 23 February 2021
Time: 09:00-12:00 ET
Registration and more information
UF Law’s 2021 virtual Public Interest Environmental Conference
Date: 12-13 February 2021
Visit the PIEC website for more information and registration
British Institute of International and Comparative Law: Short Course: Public International Law in Practice
16 February 2021 | via Webinar
The Public International Law in Practice course offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The programme focuses on current developments in public international law and their application in national and international dispute resolution, policy-making and in international legal and… Read More
American Bar Association: Environmental Justice in Superfund and Brownfields Redevelopment
Date: 16 March 2021 | via Webinar
Read More
Elisabeth Haub School of Law Jeffrey E. Miller National Environmental Law Moot Court Competition virtually online. The final round of the Competition is scheduled for Saturday, March 6, 2021 at 1:30 p.m. (Eastern). To register to watch the final round of the Competition, click here.
News
National
Biodiversity
“The department report back on rhino poaching in South Africa in 2020” DEFF 1 February 2021
Richards N “Skukuza ‘poaching’ court is back in business” The Citizen 4 February 2021 [Legalbrief 5 February 2021]
Climate change and energy
Creamer T “Nersa committee holds back approval on Eskom application to buy short-term power” Mining Weekly 5 February 2021
Creamer T “EUIG wants wheeling reform to accompany rise in licence-exemption cap to 50 MW” Mining Weekly 4 February 2021
“South African carbon tax could be too low, too limited to cut emissions –report” Carbon Pulse 5 February 2021
Makinana A “Eskom spent R840m on flats for staff, but no-one can live in them” TimesLive 3 February 2021
Winning A “SA plans three renewable energy rounds over the coming year” Moneyweb 25 January 2021 [Legalbrief Environmental 2 February 2021]
Legislation: ACDP tables Bill prohibiting cosmetic testing on animals
“The ACDP’s Animals Protection Amendment Bill has been tabled in Parliament. Should it be deemed desirable by the National Assembly’s Committee on Agriculture, Land Reform & Rural Development and processed accordingly, once in force the proposed new piece of legislation could prohibit the sale and manufacture of animal-tested cosmetics in SA – and criminalise the use of animals for product testing in that context.” Read full report in Legalbrief Policy Watch 5 February 2021
Energy: Mantashe under pressure to change generation rulesMineral Resources & Energy Minister Gwede “Mantashe has come under renewed pressure to further loosen licensing requirements for ‘distributed’, or self-generated, electricity. This comes as organised business and Eskom CEO André de Ruyter added their voices to the call for reform this week. A Business Day report notes the ANC, at its lekgotla last month, stepped up the pressure, with President Cyril Ramaphosa announcing that the meeting had decided ‘to enable more embedded generation by firms’. Mantashe, who in October lightened regulation slightly after pressure, has resisted further change. At issue is the amendment of schedule 2 of the Electricity Regulation Act, which requires that every self-generation – or distributed generation – operation over 1MW that connects to the national grid apply for a licence from Nersa. Speaking at a webinar hosted by ENSafrica on Tuesday, De Ruyter said self-generation of energy was a critical lever for business to withstand SA’s energy predicament and a great opportunity to resolve the crisis. He strongly supported raising the licensing cap for self-generation projects to 50MW. Business Unity SA applauded De Ruyter’s call, saying that amending schedule 2 ‘was an immediate measure to enable investment in capacity that will greatly relieve the pressure on Eskom and the concomitant impact of load-shedding on the economy’.” Full Business Day report (subscription needed) Legalbrief Today 4 February 2021
Environmental enforcement
Pollution: Cape Town modifies Diep River catchment directive
“By-law contraventions in the Diep River catchment are a significant driver of pollution and remain a major concern, the City of Cape Town said, as it welcomed Local Government MEC Anton Bredell’s decision to modify a directive for the improvement of the area. According to a Cape Times report, Bredell last week made the decision following an appeal lodged by the City, relating to the pollution and degradation of the Diep River catchment, including the Milnerton Lagoon. He said the existing directive included requesting the City to submit revised incident protocols and contingency plans for the Koeberg and Sanddrift pump stations. ‘In addition, some of the dates and timelines have been addressed. The directive remains in effect and instructs the City to continue to implement its action plan to address the pollution and degradation concerns,’ Bredell said. Over 50 interventions from the City’s Action Plan are leading to improvement in pollution levels in the Diep River Catchment, the City said, which is one of six critical catchments due to multiple sources of urban and agricultural pollution. The City said major infrastructure upgrades were at various stages in the Diep River catchment, and the directive was now aligned to time frames outlined in the City’s Action Plan. Further measures which have already been completed or are not relevant to pollution abatement in the catchment have been removed from the final directive. Full Cape Times report (subscription needed) Legalbrief Environmental 2 February 2021
Local government
Dyongman L “’I can’t recall the last time I saw the municipal rubbish truck’: Makhanda families dump their rubbish in the street” GroundUp 5 February 2021
Majola N “Protest erupts in Durban after housing project halts” GroundUp 4 February 2021
Chiguvare B “Doris Mathebula walks 12km a day to fetch water because the municipal boreholes don’t work” GroundUp 1 February 2021
Mining
Bulbulia T “MC Mining granted Mopane mining right” Mining Weekly 4 February 2021
Economy: Ramaphosa calls for ‘greater’ mining sector transformation
“Having ‘weather(ed) the storm’ of the Covid-19 epidemic ‘relatively well’ thanks to ‘positive working relations’ with government, mining companies are being encouraged to go beyond compliance and ‘foster an inclusive approach’ to ownership, ‘participation in management’ and procurement. ‘The mining sector should strive for greater sustainability, competitiveness and transformation,’ President Cyril Ramaphosa said yesterday in a virtual address at this year’s mining indaba. To that end, he referred to key elements of the 2018 revised Mining Charter.” Read full report in Legalbrief Policy Watch 3 February 2021
Water, waste, oceans, and chemicals
Carnie T “Barbara Creecy acts on Lake St Lucia breaching storm” Daily Maverick 4 February 2021
“Minister Barbara Creecy receives St Lucia Estuarine management plan” SA Government 3 February 2021
“Cleaning the planet, one cigarette butt at a time” IOL 5 February 2021
Bernstein S “Noise pollution is harming sea life, needs to be prioritised, scientists say” Bizcommunity 5 February 2021
“Wetlands are a source of life” DEFF 2 February 2021
Nxumalo M “Report paints grim picture of sand pumping effects at Vetch’s Reef” IOL 1 February 2021
Miscellaneous
General: SEZ programme, district development model bear fruit
“The advantages of planning collaboration between all three spheres of government, in partnership with the private sector, have been aptly demonstrated by progress made in developing the Tshwane automotive special economic zone. This is according to President Cyril Ramaphosa, who used yesterday’s visit to the zone to draw attention to the ‘significant role’ being played by government’s special economic zone programme in ‘supporting the implementation’ of SA’s post-Covid-19 economic reconstruction and recovery plan. In the President’s view, the zone also ‘shows what can be achieved through the district development model … in delivering critical infrastructure and attracting investment’.” Read full report in Legalbrief Policy Watch 3 February 2021
International
Biodiversity, protected areas, animal rights, and culture
Cockburn H “Climate crisis: Burrowing animals surviving better than birds in overheating deserts, study reveals” The Independent 5 February 2021
“’Smallest reptile on earth’ discovered in Madagascar” BBC 5 February 2021
Hancock S “Animation shows week in life of blue whale as it tries to avoid fishing ship congestion” The Independent 3 February 2021
Climate change and energy
“Singapore weighs raising carbon tax in new climate plan” Carbon Pulse 2 February 2021
Jones H “Global blueprint for climate disclosures by companies due in September” Reuters 2 February 2021
Wade W “Coal to Exit From U.S. Power System by 2033, Morgan Stanley Says” Bloomberg Green 1 February 2021
“Senate Republicans frame Biden’s climate executive orders as bad for US economy, GHG reductions” Carbon Pulse 3 February 2021
“China goes all out on coal despite climate promises –report” Carbon Pulse 3 February 2021
“UK court dismisses carbon fraudster appeals over unqualified expert witness” Carbon Pulse 3 February 2021
Simon F “France puts EU withdrawal from Energy Charter Treaty on the table” EurActiv 3 February 2021
“RWE makes compensation claim for Netherlands coal phaseout” Carbon Pulse 4 February 2021
Wright O “New carbon taxes: meat, cheese and gas heating prices to rise” The Times 4 February 2021
Orange R “Denmark strikes deal on £25bn artificial wind energy island” The Guardian 4 February 2021
Osaka S “AOC, Sanders, and Blumenauer press Biden to declare a ‘climate emergency’” Grist 4 February 2021
“National Oil Firms Face Corruption Test at Norway’s Wealth Fund” Daily Maverick 5 February 2021
Petkar V “France court finds government liable for climate change inaction” The Jurist 3 February 2021
The Independent: Dunne D “Could the climate crisis have played a role in the emergence of Covid-19?” 5 February 2021
Woodcock A “No 10 refuses to rule out carbon tax which could force up price of meat and cheese” The Independent 4 February 2021
Kinver M “Now and then: Iceland’s vanishing glaciers” BBC 1 February 2021
Gill V “Traffic noise impairs songbirds’ abilities” BBC 3 February 2021
“Biden administration to restart permitting for major U.S. offshore wind project” Reuters 3 February 2021
Abnett K “EU climate change plans will ripple through foreign policy, researchers say” Reuters 3 February 2021
Browning N “’Forgotten workhorse’ hydropower needs government support, energy leaders say” Reuters 3 February 2021
“Germany lifts climate targets for transport sector” Reuters 3 February 2021
Jones H “Global blueprint for climate disclosures by companies due in September” Reuters 2 February 2021
Wehrmann B “Digital & decentralised energy system both opportunity and risk for supply security – Researchers” Clean Energy Wire 5 February 2021
“Pennsylvania Republicans refute legal analysis, claim RGGI regulation is illegal tax” Carbon Pulse 5 February 2021
Harris R “Morrison government rules out subsidies in electric vehicle strategy” Sydney Morning Herald 5 February 2021
Environmental enforcement
Court nixes EPA’s controversial data rule
“A US court has voided the US Environmental Protection Agency (EPA)’s controversial scientific ‘transparency’ rule. The rule would have prevented the EPA from basing regulatory decisions on studies for which the full underlying data are not publicly available. It had been widely panned by researchers and science advocates, who said it was a Trojan horse aimed at preventing health and environmental regulations from going into effect.” [Nature Briefing 3 February 2021]
Local government
Dalton J “New coal mine would be an embarrassment and sap UK’s climate credibility, warn dozens of charities” The Independent 5 February 2021
“U.S. cities underestimating their carbon emissions – study” Reuters 2 February 2021
Mining
“Zambia is done for now with taking over mining companies” Mining Weekly 5 February 2021
“Court orders Nornickel to pay $2bn fuel-spill fine” Mining Weekly 5 February 2021
Iannucci E “Northern Territory bans seabed mining” Mining Weekly 5 February 2021
“Rio Tinto issues mea culpa over Indigenous leadership upset” Mining Weekly 5 February 2021
“Vale signs $7bn settlement dispute over Brazil dam break” Mining Weekly 5 February 2021 – find the case here
Webb M “$140m debt financing completed for Brazil copper/gold project” Mining Weekly 4 February 2021
“Majority of coal region residents in central Germany support coal exit – survey” Clean Energy Wire 5 February 2021
“Mine Expansion Blocked by Commission over significant catchment concerns” New South Wales Government 5 February 2021
Water, waste, oceans, and chemicals
“Fashion industry has developed ‘dangerous addiction’ to fossil fuels, say campaign groups” The Independent 4 February 2021
Rachel Clun and Kate Aubusson “‘Unacceptable wastage’: Multi-dose vaccine vials a point of concern” Sydney Morning Herald 5 February 2021
Miscellaneous
House R “Biden administration asks Supreme Court to cancel border wall, asylum oral arguments” The Jurist 3 February 2021
Rincon P “Artemis: Biden administration backs US Moon shot” BBC 5 February 2021
Wehrmann B “German development minister says lobby groups prevent sustainability in global trade” Clean Energy Wire 5 February 2021
Vacancies, Bursaries, Funding, Opportunities, etc.
National
University of the Witwatersrand: Head of Law School
Closing date: 12 February 2021
More information
The Office of the Chief Justice Constitutional Court of South Africa Law Clerks 2022: Call for Applications
Closing date: 31 March 2021
More information
Walter Sisulu University, Directorate of Research & Innovation in the Division of Academic Affairs and Research has a limited number of Postdoctoral Research Fellowship opportunities for 2021 and hereby invites applications from eligible individuals who obtained a doctoral degree within the last five years. More information available here. Please send the applications to Ms Nomafu Sigodi at by no later than 17:00, the 5th of February 2021.
Candidate Attorney: ADSG Attorneys & Conveyancers Amanzintoti
More information
University of the Free State Faculty of Law: Research Assistant
Closing date: 12 February 2021
More information
Natural Justice: Director for the Cape Town Hub
Closing date: 28 February 2021
More information
Human Research Council Cape Town: PhD intern with interest in science, technology and development
Closing date: 12 February 2021
More information
International
University of Amsterdam: Postdoctoral Researchers in Law, Social Sciences and Humanities
More information
Wageningen University: Lecturer in Public Administration and Governance
More information
University of Gothenburg School of Public Administration: Doctoral Positions in Public Administration
More information
University of Queensland Law School
Research Fellow in Law
Ghent University Department of European, Public and International Law
Doctoral Fellow in European, Public and International Law
University of Helsinki Faculty of Law
Postdoctoral Researchers in International Organizations Law
Free University of Berlin
University Professor of Comparative Political Science with a focus on politics and society in Africa
University of Hamburg
Research Associate in Earth System Research and Sustainability
University of Amsterdam
Postdoctoral Researchers in Law, Social Sciences and Humanities
University of Oslo Faculty of Humanities
Postdoctoral Research Fellowship in Humanities
University of Gothenburg School of Global Studies
Doctoral Position in Environmental Social Science
University of Gothenburg Department of Law
Doctoral Positions in Law
University of Manchester School of Social Sciences
Chair/Reader in Commercial Law
University of Cambridge Faculty of Law
Lecturer in Corporate Law and Corporate Finance
University of Leeds School of Law
Lecturer in Criminal Justice
University of Cambridge McDonald Institute for Archaeological Research
Research Assistant in Mapping Africa’s Endangered Archaeological Sites and Monuments
Rutgers The State University of New Jersey
Adjunct Instructor in Urban-Global Public Health
Queen Mary University of London Centre for Commercial Law Studies
Lecturer/Senior Lecturer in Shipping Law
University of Gothenburg School of Public Administration
Doctoral Position in Public Administration, Specialization in Multilevel Governance and Crisis Management
Uppsala University Department of Law Sweden
Doctoral Student Positions in Law: More information
Environmental Justice Australia: Senior Specialist Climate Litigator
More information
Or contact Co-CEOs Nicola Rivers and Elizabeth McKinnon on
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