ELA Newsletter 2021-42

7 November 2021

Legislation

Acts

Hydrographic Act 35 of 2019 – Proc 39 in GG 45426 of 5 November 2021 – commence 29 October 2020

Notices

Department of Mineral Resources and Energy – GN 1486 in GG 45431 of 5 November 2021 – REIPPPP Bid Window 5: List of Preferred Bidders: 28 October 2021

National Treasury – Gen Notice 647 in GG 45426 of 5 November 2021 – Notice to Government Perpetual Bond Holders

Merchant Shipping Act 57 of 1951 – GN R1482 in GG 45427 of 5 November 2021 – Notice of publication for comment of and stakeholder consultation workshops on Draft Construction Amendment Regulations, 2021

Merchant Shipping Act 57 of 1951 – GN R1483 in GG 45427 of 5 November 2021 – Notice of publication for comment of and stakeholder consultation workshops on Draft Life-Saving Amendment Regulations, 2021

Petroleum Products Act 120 of 1977 – GN R1466 in GG 45421 of 2 November 2021 – Regulations in respect of the single maximum national retail price for illuminating paraffin published with effect from 3 October [sic] 2021

Petroleum Products Act 120 of 1977 – GN R1467 in GG 45421 of 2 November 2021 – Regulations in respect of the maximum retail price of Liquefied Petroleum Gas supplied to residential customers published with effect from 3 November 2021

Petroleum Products Act 120 of 1977 – GN R1468 in GG 45421 of 2 November 2021 – Regulations in respect of petroleum products published and GN R999 in GG 45265 of 5 October 2021 substituted with effect from 3 November 2021

Marine Traffic Act 2 of 1981 – GN R1484 in GG 45427 of 5 November 2021 – Notice of publication for comment of and stakeholder consultation workshops on Draft Marine Traffic Amendment Regulations, 2021

National Environmental Management Act 107 of 1998 – Gen Notice 645 in GG 45425 of 5 November 2021 – Notice of publication of Tourism Environmental Implementation Plan (EIP) 2020-2025

National Environmental Management: Biodiversity Act 10 of 2004 – GN 1475 in GG 45426 of 5 November 2021 – Declaration of the Thohoyandou National Botanical Garden

National Environmental Management: Biodiversity Act 10 of 2004 – GN 1476 in GG 45426 of 5 November 2021 – Draft Revised List of Threatened Terrestrial Ecosystems – 2021 – for comment

National Energy Regulator Act 40 of 2004 – GN 1469 in GG 45424 of 4 November 2021 – National Energy Regulator of South Africa (NERSA) – Notice on the public hearing on the electricity industry price determination methodology

Financial Markets Act 19 of 2012 – BN 142 in GG 45426 of 5 November 2019 – Notice of approval of the amendments to the A2X Listing Requirements

Provinces

Western Cape

National Heritage Resources Act 25 of 1999: Heritage Western Cape: Exemptions granted in respect of the following Provincial Heritage Sites in Cape Town:

• PN 133 in PG 8511 of 29 October 2021 – ‘Freedom Square’, Bonteheuwel
• PN 134 in PG 8511 of 29 October 2021 – ‘Gugulethu 7 Memorial’, Gugulethu
• PN 135 in PG 8511 of 29 October 2021 – ‘The Langa Pass Office’, Langa
• PN 136 in PG 8511 of 29 October 2021 – ‘Princess Vlei’, Retreat

National Heritage Resources Act 25 of 1999 – PN 137 in PG 8511 of 29 October 2021 – Notification of the availability for inspection and comment on the draft Conservation Management Plan for the Green Point Common Area

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21693 in PG 8512 of 1 November 2021 – Overstrand Local Municipality – Integrated Waste Management By-Law, 2021

National Environmental Management: Protected Areas Act 57 of 2003 – PN 138 in PG 8515 of 5 November 2021 – Declaration of a nature reserve: Thornhill Nature Reserve

Local Government: Municipal Systems Act 32 of 2000 & Spatial Planning and Land Use Management Act 16 of 2013 – LAN 21696 in PG 8515 of 5 November 2021 – City of Cape Town Metropolitan Municipality – Review of the Cape Town 2018 Municipal Spatial Development Framework (MSDF)

Mpumalanga

Mpumalanga Spatial Planning and Land Use Management Bill, 2021 – Gen Notice 79 in PG 3323 of 5 November 2021 – for comment

Limpopo

National Environmental Management: Protected Areas Act 57 of 2003 – PN 134 in PG 3209 of 29 October 2021 – Correction notice to Declaration of the Lapalala Private Nature Reserve published in PN 43 in PG 3073 of 20 March 2020

Local Government: Municipal Systems Act 32 of 2000 – PN 140 in PG 3209 of 29 October 2021 – Polokwane Local Municipality – Draft Outdoor Advertising By-laws – for comment

______________________________________________________________________________________

CASES

National

Motlhomi and Others v Stony Lime (Pty) Ltd (UM55/2020; UM176/2020) [2021] ZANWHC 70 (2 November 2021)
“The applications deal with prohibitory interdicts against the respondents for interference with the applicant’s mining activities and preventing certain acts, such as intimidation, threats and violence, against the employees of the applicant and the employees of the security company contracted by the applicant.”

International

West Virginia v. EPA, No. 20-1530 (U.S.)
“In 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, did Congress constitutionally authorize the Environmental Protection Agency to issue significant rules—including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy—without any limits on what the agency can require so long as it considers cost, nonair impacts, and energy requirements?” [Sabin Center Newsletter (November 2021)]

North American Coal Corporation v. EPA, No. 20-1531 (U.S.)
“Whether 42 U.S.C. § 7411(d), which authorizes the EPA to impose standards “for any existing source” based on limits “achievable through the application of the best system of emission reduction” that has been “adequately demonstrated,” grants the EPA authority not only to impose standards based on technology and methods that can be applied at and achieved by that existing source, but also allows the agency to develop industry-wide systems like cap-and-trade regimes.” [Sabin Center Newsletter (November 2021)]

Westmoreland Mining Holdings LLC v. EPA, No. 20-1778 (U.S.)
“Whether 42 U.S.C. § 7411(d) clearly authorizes EPA to decide such matters of vast economic and political significance as whether and how to restructure the nation’s energy system. (The Court did not grant certiorari on a second question presented in this petition.)” [Sabin Center Newsletter (November 2021)]

North Dakota v. EPA, No. 20-1780 (U.S.)
“Can EPA promulgate regulations for existing stationary sources that require States to apply binding nationwide “performance standards” at a generation-sector-wide level, instead of at the individual source level, and can those regulations deprive States of all implementation and decision making power in creating their Section 111(d) plans?” [Sabin Center Newsletter (November 2021)]

Aji P. v. State of Washington, No. 99564-8 (Wash. Oct. 6, 2021)
“The Washington Supreme Court denied a petition by youth plaintiffs seeking review of the dismissal of their case alleging that the State of Washington and State agencies and officials infringed on the plaintiffs’ fundamental right to a stable climate system. The Chief Justice dissented, joined by one other justice. The Chief Justice wrote that he would have granted review so that the court could decide the question of whether climate change impacts are harms that are remediable under Washington’s laws and constitution. He noted that the Court of Appeals had concluded that the youth plaintiffs’ claims were not justiciable because there was no remedy the court could provide. The Chief Justice viewed this as “a debatable issue” because a judicial declaration of rights “would be a final and conclusive determination of the controversy irrespective of whether any other relief is requested or granted.” The Chief Justice stated that “[a] declaration of rights from this court is meaningful relief, even if it is not a magic wand that will eliminate climate change.” [Sabin Center Newsletter (November 2021)]

Sacchi et al. v. Argentina et al. (Committee on the Rights of the Child)
“On October 12, 2021, the CRC rejected—as inadmissible—claims by 16 children that Argentina, Brazil, France, Germany, and Turkey violated their rights under the United Nations Convention on the Rights of the Child by making insufficient cuts to greenhouse gases and failing to encourage the world’s biggest emitters to curb carbon pollution. The Committee accepted the claimants’ arguments that States are legally responsible for the harmful effects of emissions originating in their territory on children outside their borders. The Committee also found that the youth are victims of foreseeable threats to their rights to life, health, and culture. The CRC further found that countries have extraterritorial responsibilities related to carbon pollution. Specifically, when transboundary harm occurs, children are under the jurisdiction of the State on whose territory the emissions originated if there is a causal link between the acts or omissions of the State in question and the negative impact on the rights of children located outside its territory when the State of origin exercises effective control over the sources of the emissions in question. While the Committee said that the children had shown, for jurisdictional purposes, that the impairment of their rights as a result of the State party’s acts or omissions regarding the carbon emissions originating within its territory was reasonably foreseeable, it held that the complaint was inadmissible for a failure to exhaust local remedies.” [Sabin Center Newsletter (November 2021)]

Notre Affaire à Tous and Others v. France (Administrative Court of Paris)
“On October 14, 2021, the administrative court of Paris ordered France to take immediate and concrete actions to comply with its commitments on cutting carbon emissions and repair the damages caused by its inaction by December 31, 2022. After a thorough investigation, the court ruled on the assessment of the concrete terms of compensation for the damage caused by the French government, as determined in its February decision. The court determined that the GHG emissions ceiling set by the first carbon budget for the period 2015-2018 was exceeded by 62 million tonnes (Mt) of CO₂ equivalent (CO₂eq). However, because of the COVID-19 health crisis, as of July 28, 2021, GHG emissions should stand at 396 Mt CO₂eq for the year 2020, i.e., a difference of around 40 Mt CO₂eq compared to the indicative annual share set at 436 Mt CO₂eq. Ultimately, the court estimated the damage at 15 Mt CO₂eq. The court thus called on France to repair the damages up to the uncompensated GHG emissions under the first carbon budget, adding these to the reduction of emissions planned between 2021 and 2022. The compensation is effective as of December 31, 2022 at the latest. France has committed to reducing greenhouse gas emissions by 40% by 2030, compared to 1990 levels, and reaching carbon neutrality by 2050. Any future slippage of emissions beyond the legislative commitments must also be compensated. The government has full discretion in how to comply with the measures. The court rejected a request for a penalty for the delay in meeting the emissions goals.”

Publications

National

Kotzé T “Developing Criteria for the Identification of Suitable Agricultural Land for Expropriation and Redistribution in South Africa: Lessons Learnt from Namibia” 2021 32(2) Stellenbosch Law Review https://hdl.handle.net/10520/ejc-jlc_slr_v32_n2_a1International

Marais EJ “Protecting Quasi-Possession of Electricity Supply with the Mandament van Spolie – Has the Supreme Court of Appeal Switched Off this Possibility? [A Discussion of Eskom Holdings Soc Ltd v Masinda 2019 5 SA 386 (SCA)]” 2021 32(2) Stellenbosch Law Review https://hdl.handle.net/10520/ejc-jlc_slr_v32_n2_a2

Van der Linde DC “Does the Aggravated Sentencing Regime under the Prevention of Organised Crime Act 121 of 1998 Violate Freedom of Association? A Constitutional and Comparative Analysis” 2021 32(2) Stellenbosch Law Review https://hdl.handle.net/10520/ejc-jlc_slr_v32_n2_a6

Hall J “Enhancing the environmental rule of law and the interplay between the disclosure of incriminating information and enforcement” 2021 Journal of South African Law https://hdl.handle.net/10520/ejc-jlc_tsar_v2021_n4_a1

Baumann JS and Ismail N “The concept of “personal information” in the Protection of Personal Information Act 4 of 2013 – a comparative analysis from a European perspective” 2021 Journal of South African Law https://hdl.handle.net/10520/ejc-jlc_tsar_v2021_n4_a4

Beukes N and De Visser J “A Framework for Coalitions in Local Government” (Report for SALGA October 2021) [provided by Anél du Plessis]

Weir B et al “Regional impacts of COVID-19 on carbon dioxide detected worldwide from space” 2021 7(45) Science Advances DOI: 10.1126/sciadv.abf9415

Yanqiu Tao “Second life and recycling: Energy and environmental sustainability perspectives for high-performance lithium-ion batteries” 2021 7(45) Science Advances DOI: 10.1126/sciadv.abi7633

Climate Transparency Report 2021 [Legalbrief Environmental 2 November 2021]

International

“The Long-Term Strategy of the United States: Pathways to Net-Zero Greenhouse Gas Emissions by 2050” (Policy document United States Department of State and the United States Executive Office of the President, Washington DC. November 2021)

UNEP “From Pollution to Solution: A global assessment of marine litter and plastic pollution” (Scientific Report November 2021)

Klass AB “Energy Transitions In The Trump Administration And Beyond” 3032 51(1) Environmental Law 241–66 https://www.jstor.org/stable/27027139

Klass AB and Pai S “The Law of Energy Exports February 29, 2020)” 2021 109 Calif. L. Rev. 733 https://ssrn.com/abstract=3546541

Klass A “Regulating the Energy ‘Free Riders’” 2020 100 Boston University Law Review 581

Brown E & Carbone J “Race, Property, and Citizenship” 2021 116 Nw. U. L. Rev. Online 120.

Wentz J “Climate Attribution Science and The Endangered Species Act” (Sabin Centre Report October 2021)

Eilstrup-Sangiovanni M and Sharman JC “Vigilantes beyond Borders – NGOs as Enforcers of International Law” (Princeton University Press 2022)

Barker S, Williams C and Cooper A “Fiduciary Duties and Climate Change in the United States” (Climate Law and Law Initiative October 2021)

Lentz DL et al “Ecosystem impacts by the Ancestral Puebloans of Chaco Canyon” 2021 16(10) Plos One https://doi.org/10.1371/journal.pone.0258369

Mercure JF, Salas P and Vercoulen P et al “Reframing incentives for climate policy action” 2021 Nat Energy https://doi.org/10.1038/s41560-021-00934-2

Weigelt J et al “Ecosystem-Based Adaptation in Agriculture: How Agroecology Can Contribute to Tackling Climate Change” (Forests Food and Finance White Paper November 2021)

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Mail & Guardian: Bega S “Artificial lights across Africa may alter the biting behaviours of mosquitoes” 6 November 2021

Climate Change and Energy

Daily Maverick: Planting S “Best plan to keep the lights on: Solar and wind power officially cheaper than coal” 4 November 2021

Daily Maverick: Carnie T “Stormy legal seas beckon after energy regulator (finally) gives reasons for approving Karpowership bid” 3 November 2021

Daily Maverick: Ngcuka O “South Africa secures ‘watershed’ finance deal to reduce coal reliance” 3 November 2021

Daily Maverick: Sgqolana T “Eskom secures $57.6m loan approval from African Development Bank” 4 November 2021

Daily Maverick: Evance J “‘I will not be your token’: SA activist Raeesah Noor-Mahomed stands up for marginalised voices at COP26 rally” 3 November 2021

Daily Maverick: Booysen MT and Rix A “South Africa’s power grid is under pressure: the how and the why” 2 November 2021

Lexology ENSafrica: Parker M “Carbon Tax: Summary of selected recent developments” 3 November 2021

Business Day: Paton C “World leaders hail SA’s landmark green deal – UK Prime Minister Boris Johnson calls agreement ‘a game-changing partnership’” 2 November 2021

Mail & Guardian: Naidoo C “We danced our way to the Earth’s demise” 6 November 2021

Bizcommunity: “Income and energy consumption go hand in hand: Taking a hard look at SDG 7” 5 November 2021

Bizcommunity: Mukherjee P and Rumney E “Spanish firms seeking to sell stake in South African solar plant – sources” 3 November 2021

DFFE: “Message by President Ramaphosa at CoP26 Energy Session” 4 November 2021

DFFE: “South Africa establishes a historic international partnership to support a just transition” 2 November 2021

Polity: “Renewable Energy for Agri-food Systems” 5 November 2021

Polity: “NERSA concerned about attempted tempering of Transnet pipeline” 5 November 2021

Environmental enforcement

Daily Maverick: Du Preez J and Kunene N “Tendele Mining corrects error in article about activist Fikile Ntshangase” 4 November 2021

Local Government

Daily Maverick: Sgqolana T “Chris Hani District Municipality given until 2 November to report on dire sewage spillages in Cradock” 31 October 2021

The Daily Dispatch: Ndaliso D “Buffalo City Metro owed billions by the wealthy” 29 October 2021 [Legalbrief Forensic 4 November 2021]

The Herald: Tshikalange S “ Wastewater treatment works a ‘national disaster’” 27 October 2021 [Legalbrief Environmental 2 November 2021]

Daily Maverick: Ellis E “Nelson Mandela Bay Day Zero: ‘We will run out of water before Christmas’” 6 November 2021

Daily Maverick: Damba-Hendrik N “A company that received R1.5-billion left Cofimvaba households with a pile of concrete slabs instead of toilets” 5 November 2021

Mining

Daily Dispatch: Loewe M and Bonani A “Shell to blast Wild Coast” 4 November 2021

Mining Weekly: Burger S “Modern mining infrastructure, innovations to address junior mining, exploration challenges” 5 November 2021

Mining Weekly: Liedtke S “Northern Cape community mining project helps curb illegal operations” 5 November 2021

Mining Weekly: Iannucci E “Public opinion sought on new petroleum exploration” 5 November 2021

Water, Waste, Oceans and Chemicals

Fin24: Magubane K “After a legal battle, Umgeni Water finally has a board – but still no permanent CEO accreditation” 4 November 2021

City Press: Ngcukana L “Nelson Mandela Bay declares dispute with department of water over water crisis” 27 October 2021 [Legalbrief Forensic 4 November 2021]

Daily Dispatch: Nano A “Sewage, plastic contaminate Buffalo River” 4 November 2021

GroundUp:  Kretzmann S “Cape Town’s polluted vleis costing jobs – Sewage spills are damaging local businesses and international tourism” 29 October 2021

Mail & Guardian: Bega S “Diet of plastic their harmful chemicals is killing seabirds” 6 November 2021

Daily Maverick: “Partnership launched to upskill Joburg’s informal waste reclaimers” 5 November 2021

Biznews: Van Tilburg L “How a watertech company cleaned up one of SA’s most polluted dam” 5 November 2021

Miscellaneous

Daily Maverick: Du Plessis C “It’s all over, bar the shouting – and the coalitions – as South Africa stands on the brink of a new era” 5 November 2021

Daily Maverick: Steyn D “Questions continue to be raised over viability of proposed N2 toll road through Wild Coast” 3 November 2021

Daily Maverick: Shilobo W and Kapuya T “EU Green Deal presents new opportunities, threats and risks for South African agriculture” 1 November 2021

Lexology ENSafrica: Brand J and Blumenthal J “Taking Stock of ESG Regulatory Developments in South Africa” 2 November 2021

Bizcommunity: “Carbon reduction in construction – the time to act is now” 5 November 2021

Bizcommunity: Mason, J, Shalal A and Rumney E “SA to receive $8.5bn from US, EU and UK to speed up shift from coal” 3 November 2021

Bizcommunity: Kruitwagen L “We mapped every large solar plant on the planet using satellites and machine learning” 2 November 2021

Bizcommunity Webber Wentzel: Mostert L and Leibowitz C “Unlocking a green future through technology” 5 November 2021

Polity: “Prioritising the ‘S’ in ESG can lessen disputes between mining companies and adjacent communities. Here’s why.” 4 November 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

IISD SDG Knowledge Hub: Rametsteiner E “UN Climate Change Conference Must Look to Trees” 1 November 2021

Daily Maverick: Ngcuka O “Fight against climate crisis being hacked off at the knees in DRC” 31 October 2021

Daily Maverick: Erickson P and Kramer L “COP26 provides a rare opportunity to address effects of climate change on Africa’s livestock” 31 October 2021

allAfrica: “Africa: At COP26 Talks, 45 Nations Pledge to Protect Nature in Climate Change Fight” 6 November 2021

The Independent: “COP26: Pioneering carbon credit initiative announced to restore and protect African ecosystems” 1 November 2021

Climate Change and Energy

Lexology: “Why Cooking Gas Prices Are Increasing in Nigeria and Steps Being Taken by the Government to Stem the Tide” 1 November 2021

ICLEI: High-level message on 100% Renewables from Kisumu, Kenya

Daily Maverick: Ngcuka O “Pulling together: African and Caribbean countries form partnerships to fight effects of climate crisis” 3 October 2021

Daily Maverick: Van Diemen E “Africa’s ambitious reforestation megaproject gets a big boost at COP26” 2 November 2021

Daily Maverick: Mbiyozo A-N and Maunganidze OA “Southern Africa’s most vulnerable last in line for climate adaption funding” 2 November 2021

Mail & Guardian: Migwi C, Bhebhe D and rodel N “African Development Bank kicked civil society to the curb at COP26” 5 November 2021

Mail & Guardian: Adesina AA “Africa needs climate adaptation finance” 6 November 2021

The Guardian: Greenfield P “Madagascar paying price for cheap European flights, says climate minister” 6 November 2021

The Independent: Boyle L “‘It will save the world’: Put Africa at heart of climate fightback, Cop26 told” 4 November 2021

Local government

allAfrica: Chirondo M “Africa: Cooler Solutions for Urban Cities That are Feeling the Heat #AfricaClimateCrisis” 3 November 2021

The Conversation: Adoyo L “Nairobi’s new expressway may ease traffic woes – but mostly for the wealthy” 2 November 2021

The Conversation: Mitlin D “Citizen-government coalitions could hold the key to the reform of African cities” 31 October 2021

Mining

Extractives Baraza: Marachia M “East Africa: Religious Groups Oppose Historic Fuel Pipeline” 1 November 2021

Extractives Baraza: Ford N “Africa Walks Development Tightrope as Calls for Oil and Gas Restraint Grow” 1 November 2021

Extractives Baraza: “Kenya: Manganese Mining in Taita Taveta to Start in Six Months” 1 November 2021

Extractives Baraza: “Zambia: Government Announces Mining Tax Breaks, Pares Deficit in 2022 Budget” 1 November 2021

Inhlase: “Eswatini widows of ex-miners getting a raw deal” 2 November 2021

The Jurist: “Mauritius dispatches: new corporate-friendly oil bill raises corruption and climate change concerns” 6 November 2021

Water, oceans, waste and chemicals

Inhlase: Hlatswayo V “Revealing developments of water blues in Somntongo” 28 October 2021

allAfrica: “Africa: COP26 – Combined Exclusive Maritime Zone for Africa to Combat Illegal, Unreported & Unregulated Fishing” 4 November 2021

Miscellaneous

Lexology: “How the Global Innovation Index rankings highlights African innovation” 28 October 2021

Sustainability Summit: Why ESG underpins Africa’s agricultural prospects

International

Biodiversity, Protected Areas, and Culture

Lexology: “Environmental Offsets Metric – quantifying offsets” [Australia] 29 October 2021

“Lifeways of the Little Colorado River” is a collection of stories from sheepherders, scientists, artists, farmers, and more that features personal and cultural ties to the Little Colorado River. From pilgrimages down the Hopi Salt Trail, to medicinal plants growing along the riverbanks, these first-person stories trace cultural values of the river as it flows 330 miles across ancestral lands to the bottom of the Grand Canyon. Explore the collection: https://storymaps.arcgis.com/collections/2a13814196244a15b185563628593d00

IISD ENB COP26: Financing Forest Action: Investing in Forests to Address the Climate Crisis | 4 November 2021

Mail & Guardian: Bega S “World leaders promise an end to the “chainsaw massacres” causing deforestation at COP26” 5 November 2021

The Guardian: Corlett E “Once a global conservation success story, New Zealand’s black robin in trouble again” 6 November 2021

The Guardian: Gammon K “America’s native grasslands are disappearing” 5 November 2021

University of Adelaide: Brown K “Hidden Costs of Global Illegal Wildlife Trade” 21 October 2021

RNZ: “PNG government scolded over illegal logging” 21 October 2021

The Guardian: Visontay E “‘Super rare’ group of four blue whales spotted off Western Australia coast” 5 November 2021

IISD ENB: COP26: Agroecology: Ecosystem-Based Adaptation in Agriculture | 6 November 2021

Climate Change and Energy

COP26

A summary of what to look out for at COP26
“Issues to watch in particular are mitigation and lack of ambition, which will be simmering below the surface of many agenda items, in the context of the second round of NDCs. The UNFCCC Secretariat issued a synthesis report in September based on all of the new NDCs received as of 30 July this year, and found that emissions are likely to increase by 16% by 2030, instead of the 45% decrease needed. This report is being updated with the new NDCs recently submitted, but China’s second NDC, (submitted on 28^th October), is not that ambitious. The UK COP President formed a new Energy Transitions Council to help countries transition away from fossil fuels, with members such as the IEA, IRENA and the World Bank, but it is unclear what concrete measures this will achieve.

Climate finance (always a difficult issue, and the source of a huge lack of trust by developing countries) will also be a live one. Canada and Germany have been tasked, on behalf of developed countries, with developing a climate finance Delivery Plan, with technical assistance from the OECD. The OECD issued a report a few days ago that found that $79.6 billion of climate finance was mobilized in 2019, up 2% since 2018, and that the $100 billion promised to be mobilised by 2020 by developed countries is likely to only be achieved in 2023.

Related to lack of ambition in NDCs, is the issue of loss and damage which will be subject to special COP Presidency consultations. This is also anticipated to be a contentious issue, with developing countries experiencing unprecedented levels of impacts while also struggling with escalating debt loads and of course the pandemic. Many vulnerable countries are also advocating for multidimensional indices of vulnerability. Two members of AOSIS (Tuvalu and Antigua and Barbuda) agreed yesterday to establish a Commission of Small Island States on Climate Change and International Law, seeking ways to use international law to achieve compensation for loss and damage outside of the UNFCCC process.

Finally, agreeing rules around Article 6 and emissions trading will be a fiercely contested issue. The rulebook from Katowice failed to reach agreement on the details of these trading mechanisms, and this negotiation is likely to be a tough one. I have an article with David Wirth forthcoming in Climate Law ‘From Marrakesh to Glasgow: Looking Backward to Move Forward on Emissions Trading’ comparing the negotiating process of the Marrakesh Accords under the Kyoto Protocol (remember that!?!) on emissions trading with the task facing parties under Article 6 of the Paris Agreement.” [Lisa Benjamin Lewis & Clarke Law School]

Carbon Pulse: “COP26: Paris target within reach as Glasgow pledges chart path to 1.8C of warming –IEA” 4 November 2021

Carbon Pulse: “COP26: Steel decarbonisation rises on int’l agenda as border measures eyed” 4 November 2021

Carbon Pulse: “COP26: Article 6 emissions trade awaits breakthroughs as new text ordered” 5 November 2021

Daily Maverick: “Young activists to take spotlight for a day at UN climate talks” 5 November 2021

Daily Maverick: “Greta Thunberg attacks CO2 offset projects as ‘Greenwash’ at COP26” 3 November 2021

Daily Maverick: Van Diemen E “Fossil fuels: Humanity digging its own grave, UN secretary-general tells world leaders” 1 November 2021

Daily Maverick: “Why the global methane pledge is a big deal for the climate” 1 November 2021

Daily Maverick: Ngcuka O “COP26 summit opens: Focus on how to hit 1.5°C target — and billions in funding” 31 October 2021 – see the opening ceremony here

IISD SDG Knowledge Hub: “Two years worth of climate discussions open in Glasgow” 1 November 2021

Policy Pulse: Anjaparidze G and Yu Vicente Paolo “OECD inflates climate finance estimates ahead of COP26” 26 October 2021

Lexology: “COP26: Latest updates from the climate change conference” 31 October 2021

Lexology: “COP26 and Article 6: it’s going to be difficult” 29 October 2021

Lexology: “What does success look like at COP26?” 28 October 2021

Lexology: “Does the law support investing for sustainability impact?” 29 October 2021

Lexology: “Financial services playbook to COP26 and climate finance” 29 October 2021

Carbon Pulse: “COP26: Poland keeps 2049 coal exit date despite pledge, market projections” 4 November 2021

Carbon Pulse: “Irish government unveils “transformational” strategy to help it catch up with climate goals” 4 November 2021

IISD ENB COP26: Lifelong Learning for Environmental Stewardship | 4 November 2021

IISD ENB COP26: Renewable Energy for Agri-food Systems: Towards the Sustainable Development Goals and the Paris Agreement | 4 November 2021

IISD SDG Knowledge Hub: “National Pledges and Collective Efforts Highlighted at COP 26 Leaders Summit” 4 November 2021

IISD SDG Knowledge Hub: “Secretary-General Issues Roadmap for Accelerating the Energy Transition” 3 November 2021

IISD SDG Knowledge Hub: “Financing Facility to Support LDCs and SIDS on Climate Observations” 4 November 2021

Planetzero: “COP26: Vulnerable countries criticise net zero plans for moving goalposts, emphasising undeveloped tech” 3 November 2021

IISD ENB COP26: Glasgow Women’s Leadership on Gender Equality and Climate Change | 2 November 2021

Carbon Pulse: “COP26 – Analysis: EU’s carbon border plans test alliance with poorer nations” 2 November 2021

Carbon Pulse: “COP26: New US regulations seek to bolster credibility of Global Methane Pledge” 2 November 2021

Recharge: Collins L “’Certainty and transparency’: Initiative to create a global Green Hydrogen Standard launched at COP26” 4 November 2021

The Guardian: “Millions around the world march to demand action on the climate crisis – video report” 6 November 2021

The Independent: Dunne D “Cop26: 190 countries and organisations agree to end coal-fired power” 4 November 2021

The Independent: “Cop26: Carbon offsetting ‘a new form of colonialism,’ says Indigenous leader” 5 November 2021

Reuters: Jessop S, Daigle K and Volcovici V “Baffled? You’re not alone – COP26 spawns confusing array of acronyms” 5 November 2021

Clean Energy Wire: Appunn K “Wealthy nations to “get very close” to $100-bln climate finance pledge in 2022 – state sec” 3 November 2021

Nature: Masood E & Tollefson J “COP26 climate pledges: What scientists think so far” 5 November 2021

Other

IISD SDG Knowledge Hub: Alisjahbana AS “Is Asia and the Pacific Ready for the Global Climate Stage?” 1 November 2021

IISD SDG Knowledge Hub: LI Yong “Time’s Up for Unabated Industrial Carbon Pollution” 1 November 2021

IISD SDG Knowledge Hub: “Beijing Conference Highlights Steps to Decarbonizing Transport” 1 November 2021

Lexology: “Energy Transition in Asia-Pacific: ‘It’s Gettin’ Hot In Here’” 29 October 2021

Lexology: “Climate-related Disclosure Requirements Proposed by the CSA” [Canada] 29 October 2021

Lexology: “In brief: GHG emission regulation and allowances in European Union” 24 September 2021

Lexology: “The UK’s approach to climate change – and how the construction industry can help achieve net zero targets: an overview” 29 October 2021

Lexology: “Latest in Ireland on Climate Action: Carbon Budgets, RESS 2, and the move towards a new Electricity Target” 29 October 2021

IOL: “Hybrid cars are not as green as they seem, environmentalists warn” 3 November 2021

Sabin Center: Video of Past Event, Fair Winds & Following Seas: The Past, Present, and Future of Offshore Wind, October 19, 2021

Sabin Center: Video of Past Event, The Grande-Synthe Decisions:  A Conversation with the Judges of the French Council of State, October 26, 2021

Sabin Center Blog: Webb R “Four Important Points About EPA’s Proposed Methane Emissions Controls for Oil and Natural Gas Facilities” 2 November 2021

ICLEI: High-level message on 100% Renewables from West Nusa Tenggara, Indonesia

ICLEI: High-level message on 100% Renewables from Avellaneda, Argentina

Montel: “Statkraft trading arm posts EUR 405m loss on huge volatility” [Norway] 4 November 2021

Australian Conservation Foundation: “Billions of dollars from overseas is helping exploit Australian fossil fuels” 4 November 2021

Alberta Government: “Quantification protocol for vent gas reduction: technology innovation and emissions reduction (TIER) regulation” 3 November 2021

Netflix: Lords of Scam: This documentary traces the rise and crash of scammers who conned the EU carbon quota system and pocketed millions before turning on one another.

Lexology: “The Mexican Energy Counter-Reform – Impact and the Illegality Threshold (Tenth Investment Arbitration Forum: Part I)” 3 November 2021

Lexology: “The Mexican Energy Counter-Reform: State Defense and Damages (Tenth Investment Arbitration Forum: Part II)” 3 November 2021

Lexology: “A better build back better plan? Updated House Bill continues to include substantial clean energy tax proposals” 2 November 2021

The Guardian: Morton A “Australia considering more than 100 fossil fuel projects that could produce 5% of global industrial emissions” 2 November 2021

BusinessWire: “Climate Finance Partnership Mobilizes US$673 Million to Accelerate Net Zero Transition in Emerging Markets” 2 November 2021

Upstream: “Shell launches $1.4bn fund to support energy transition ‘start-ups and scale-ups’” 4 November 2021

Bloomberg: Chrepa E “Greece Brings In Climate Law, Banning Fossil-Fuel Cars From 2030” 4 November 2021

Portugal introduces new Climate Act
The Portuguese Parliament adopted a framework climate law (attached) which recognizes “stable climate” as “common heritage of humankind”. This was the struggle of this NGO  https://www.commonhomeofhumanity.org/  for years. Here is the translation of the relevant article:
Article 15 (climate foreign policy):
“1 – The Government adopts a global and integrated vision of the pursuit of climate goals, respecting the limit of the sustainable use of the Planet’s natural resources and the routes of development of each country, actively advocating in matters of foreign policy within the framework of climate diplomacy:
a) The reinforcement, anticipation and fulfilment of targets for the reduction of greenhouse gas emissions, sufficient not to exceed 1.5º C of global warming, compared to pre-industrial levels;
b) The binding and effective international commitments regarding climate and preservation of the environment and biodiversity;
c) The densification of international criminal protection for the environment;
d) The definition of the concept of climate refugee, its status and its recognition by the Portuguese Republic;
e) International cooperation and solidarity with the countries of the Global South, providing support the implementation of the measures foreseen in the Sendai Framework;
f) Recognition by the United Nations of a Stable Climate as Common Heritage of Humanity.
2 – Foreign policy promotes the fight against carbon leakage and climate dumping, namely through the international convergence of environmental standards of trade agreements and the comprehensiveness of carbon prices, ensuring, in particular, their repercussion on imports.
3 – The Portuguese Republic promotes the adoption and implementation of sustainability standards in the international agreements, in particular trade agreements.
4 – The Portuguese Republic takes into account climate risks as sources and multipliers of global instability, particularly in its neighbourhood policy.
5 – The Portuguese Republic collaborates and participates, within the framework of international relations, in mechanisms to help countries and citizens affected by extreme weather events and their consequences.” Lei de Bases do Clima – Lei de Bases da Política Climática [Alexandra Aragão Universidade de Coimbra Envlawprofessors email list] [Copy of Act in Portuguese available from Secretariat]

The Jurist: Burnett C “Biden administration proposes new methane emissions rules” 2 November 2021

Sydney Morning Herald: Fitzsimmons C “‘False hope’: Regional Australians demand action, not obfuscation, on climate change” 7 November 2021

Carbon Brief: “Global CO2 emissions have been flat for a decade, new data reveals” 4 November 2021

Environmental Enforcement

Lexology: “Climate change litigation risk – the rise in activist challenges to major project authorisations” [UK] 29 October 2021

Lexology: “Climate litigation trends: three significant developments you need to know about” [Australia] 1 November 2021

New York Vote Ballotpedia: “New York Proposal 2, Environmental Rights Amendment (2021)” 2 November 2021 – overwhelming in favourite of including such a right [J May Envlawproflist]

Lexology: “Supreme Court grants Cert on GHG regulation of power plants” [USA] 2 November 2021

Lexology: “California Court Clarifies 5-Acre Maximum Project Site Requirement Under CEQA Infill Exemption” [USA] 1 November 2021

Legal Futures: Hilborne N “London firm allows young lawyers to refuse to act for polluters” 1 November 2021

Science: Cornwall W “‘It is the methane moment.’ How a once ignored greenhouse gas moved to center stage” 3 November 2021

The Jurist: Ang T “European Court of Human Rights will review Credit Suisse trespass case against climate activists” 6 November 2021

The Jurist: Williams K “Fundamental Environmental Rights: State Constitutions as a Vehicle of Change” 1 November 2021

Local government

IISD ENB: Multilevel Action Pavilion at COP 26: Highlights and images of main proceedings for 1 November 2021 – ICLEI on local government issues

Lexology: “Troubled Water: Ninth Circuit Allows Trial on City’s RCRA Liability for Distributing Contaminated Groundwater” [USA] 29 October 2021

Lexology: “Urban Air Mobility – Paketdrohne als Smart-City-Ansatz” [Germany] 19 October 2021

Lexology: “Green Leases: what are they, and should you have one?” [Scotland] 29 October 2021

ICLEI: 100% Renewables Roadmap project through reports, fact sheets and more

IISD ENB COP26: Time4MultilevelAction Dialogue: Strengthening Multilevel and Inclusive Governance for Climate Action: Messages from African Mayors for COP26 | 4 November 2021

IISD SDG Knowledge Hub: Arini W and Paul D “A Movement of Human Rights Cities for Climate Action and Sustainable Development” 4 November 2021

The Guardian: Jones R “Green mortgages: could your loan help make Britain greener?” 6 November 2021

The Guardian: Meer Baloch S “‘We will be homeless’: Lahore farmers accuse ‘mafia’ of land grab for new city” 2 November 2021

Mining

Extractives Baraza: “European Investment Bank to End All Loans to Oil and Gas Firms” 1 November 2021

Extractives Baraza: Brady J “Biden Proposes New Rules to Cut Climate-Warming Methane Emissions” 2 November 2021

Extractives Baraza: “Research Finds Four Areas of Concern When It Comes to Mining Deaths in Western Australia” 1 November 2021

Extractives Baraza: “Peru’s Mining Sector Calls for Government Action Over ‘Spiral of Protests’” 2 November 2021

Lexology: “From worse to bad: New draft of “build back better” legislation reduces but doesn’t eliminate new financial burdens on hardrock miners operating on federal land” [USA] 2 November 2021

Lexology: “Everything you need to know about IP, but were afraid to ask” 3 November 2021

Lexology: “WA mining mandate directions issued” [Australia] 3 November 2021

The Guardian: Canon G “Expansion of California gas plant that leaked methane in 2015 draws criticism” 5 November 2021

The Guardian: Milman O “World urged to slash gas use by a third to avoid climate disaster” 4 November 2021

Water, Oceans, Waste and Chemicals

IISD ENB: Allan J “The Incremental Approach to Governing Mercury” 1 November 2021

IISD SDG Knowledge Hub: “UNEP Publishes Scientific Assessment of Plastic Pollution” 1 November 2021

Lexology: “EPA’s Shift In Chemical and Hazardous Materials Regulation and What Retailers Can Expect” [USA] 27 October 2021

Lexology: “ESG – NJ Single Use Plastic Ban becomes effective as of November 4, 2021” [USA] 29 October 2021

Food Tank: “UK Announces Pilot of Highly Protected Marine Areas” October 2021

Lexology: “PFAS Determined To Be Hazardous Substances Under Washington’s Cleanup Law” [USA] 1 November 2021

The Guardian: “Mounting concern over environmental cost of fake snow for Olympics” 6 November 2021

The Guardian: Perkins T “Radioactive material and pesticides among new contaminants found in US tap water” 3 November 2021

The Guardian: “Balloon bonanza! Why Instagram’s latest trend is an environmental disaster” 1 November 2021

Miscellaneous

IISD SDG Knowledge Hub: “UN Member States Begin Discussing Proposals in Our Common Agenda” 1 November 2021

Lexology: “IOSCO recommendations for asset managers to address greenwashing concerns” 3 November 2021

IISD SDG Knowledge Hub: “UN Member States Begin Discussing Proposals in Our Common Agenda” 1 November 2021

Science: Normile D “A Greener Path: China is making its Belt and Road Initiative more environmentally friendly. The massive infrastructure program could still cause ecological devastation” 4 November 2021

Conferences, Workshops, Study Opportunities

National

International

Environment, Energy and Natural Resources (EENR) Center at the University of Houston Law Center Virtual Lecture Series on Energy Transition and Climate Governance: Rethinking Environmental Law: Why Environmental Laws Should Conform to the Laws of Nature
Date: 10 November 2021 09 AM U.S. Central Time
The registration link is here: Rethinking Environmental Law Virtual Lecture

Lewis & Clarke: COP 26: Outcomes for Climate Justice
Thursday, November 1812:00 pm – 1:15 pm PT
Register here. No cost to attend.

Lewis & Clarke: When Offshore Wind Comes On Shore
Thursday, December 2, 2021 12:00 pm – 1:15 pm PT
Register here. No cost to attend.

Environmental Law Network International and Flemish Environmental Law Association: Challenges of European Environmental Law Towards 2030 – Webinar Series: III. Protection of Groundwater under the Water Framework Directive: Member States Obligations and Recent Judgments
Date: 9 November 2021 3:00 PM to 5:00 PM
More information

Ireland’s Environmental Protection Agency (EPA) and the Irish Centre for European Law (ICEL) Environmental Law Enforcement: Emerging Challenges 2021
Date: 17 November 2021 – 18 November 2021 | Virtual
More information

Vacancies, Bursaries, Funding, Opportunities, etc.

National

University of Johannesburg: Director: Employment Relations & Wellness (P5) (Human Resources: ER & Wellness) (Labour law)
Closing date: 12 November 2021
More information

BKB Ltd Eastern Cape: General Manager: Human Resources (Labour law)
More information

Bloemfontein Metropolitan Area On-site: Director of Litigation
More information

University of Pretoria: Part -Time Lecturers in Academic Literacy
Closing date: 17 November 2021
More information

University of Johannesburg: Director: Employment Relations & Wellness (P5) (Human Resources: ER & Wellness)
More information

Nature Conservancy: Monitoring, Evaluation and Learning Scientist, Upper Okavango
More information

Candidate Attorney – Nelspruit Mpumalanga
More information

Commercial Attorney/Civil Litigation Attorney
More information

International

CSIRO Australia: Research Scientist and Group Leader – Weed Management Systems
More information

KAUST Global Postdoctoral Fellow Saudi Arabia
More information

The Sabin Center is hiring!
We are seeking a Climate Law Fellow for a two-year appointment. Details & link to apply here.

Global Initiative Against Transnational Organized Crime (GI-TOC) Resilience Fellowship 2022 – Environmental Crime
The is pleased to announce the third edition of the Resilience Fellowship, which for 2022 will have environmental crime as its theme. The Fellowship builds a platform for cross-sectoral, global and interdisciplinary collaboration between civil society actors, human rights activists, journalists, artists, scholars, policymakers, grassroots community leaders and others working to counter the effects of organized crime. Deadline: 15 November 2021. More information

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Featured Image: Photo by Lochner Slabbert

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