ELA Newsletter 2021-45

26 November 2021

Join us for our last Webinar 9 December 2021

Legislation

Notices

Constitution of the Republic of South Africa, 1996 – Proc 41 in GG 45500 of 19 November 2021 – Transfer of administration and powers and functions entrusted by legislation to certain cabinet members published: National Water Act 36 of 1998, Water Research Act 34 of 1971, Water Services Act 108 of 1997 amongst others

National Nuclear Regulator Act 47 of 1999 – BN 171 in GG 45536 of 26 November 2021 – National Nuclear Regulator: Revised Public Information Document (PID) on the application by the National Radioactive Waste Disposal Institute (NRWDI) for a Nuclear Installation Licence for the Vaalputs National Radioactive Waste Disposal Facility

National Environmental Management: Biodiversity Act 10 of 2004 – GN 1532 in GG 45552 of 26 November 2021 – Non-detriment findings for Acinonyx jubatus (cheetah) – for comment

Planning Profession Act 36 of 2002 – Gen Notice 687 in GG 45537 of 24 November 2021 – South African Council for Planners and the Appeal Board: Appointments

Plant Breeders’ Rights Act 15 of 1976 – GN 1524 in GG 45536 of 26 November 2021 – Receipt of applications for plant breeders’ rights

Provinces

Eastern Cape

Eastern Cape Traditional and Khoi-San Leadership Amendment Bill – PN 168 in PG 4652 of 22 November 2021 – for comment

KwaZulu Natal

KwaZulu Natal Province “Draft Maintenance Management Plan Policy Guideline” 2 November 2021 – for comment Any comments may be submitted to by the 15th December 2021 [IAIAsa 2021/2022 News 22 November 2021]

Limpopo

National Environmental Management Act 107 of 1998 – PN 158 in PG 3218 of 26 November 2021 – Department of Economic Development, Environment & Tourism – Environmental Implementation Plan 2020 – 2025

Constitution of the Republic of South Africa Act 108 of 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 249 in PG 3218 of 26 November 2021 – Bela-Bela Local Municipality – Informal Trading By-laws

Constitution of the Republic of South Africa Act 108 of 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 249 in PG 3218 of 26 November 2021 – Bela-Bela Local Municipality: Outdoor Advertising By-laws

Western Cape

Constitution of the Republic of South Africa Act 108 of 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21752 in PG 8524 of 26 November 2021 – Overstrand Local Municipality – Correction notice to Integrated Waste Management By-law, 2021 published in LAN 21695 in PG 8513 of 29 October 2021

______________________________________________________________________________________

CASES

International

Mississippi v. Tennessee et al. Case No 143 Supreme Court of the United States Decided 22 November 2021

“Mississippi brought an original action against Tennessee for damages and other relief related to the pumping of groundwater by the City of Memphis from the Middle Claiborne Aquifer, a valuable water resource that lies beneath eight States. Mississippi argues that Tennessee’s pumping—using wells Mississippi concedes are located entirely in Tennessee—siphons water away from Mississippi and amounts to a tortious taking of groundwater owned by Mississippi. Mississippi expressly disclaims any equitable apportionment remedy, arguing that the ‘fundamental premise of this Court’s equitable apportionment jurisprudence—that each of the opposing States has an equality of right to use the waters at issue—does not apply to this dispute.’

Complaint: The Special Master appointed by the Court to assess Mississippi’s claims determined that the aquifer is an interstate water resource and that equitable apportionment is the exclusive judicial remedy. Because Mississippi’s complaint did not seek equitable apportionment, the Special Master recommended that the Court dismiss the complaint but grant Mississippi leave to amend. Mississippi challenges the recommendation to dismiss; Tennessee objects to the recommendation to grant Mississippi leave to file an amended complaint.

Held: The waters of the Middle Claiborne Aquifer are subject to the judicial remedy of equitable apportionment; Mississippi’s complaint is dismissed without leave to amend.”

Publications

National

Kengni Bernard & Mostert Hanri “Regulation and remediation of the impacts of mine wastes on land and water in South Africa” 2021 Journal of Energy & Natural Resources Law DOI: 10.1080/02646811.2021.1985780

International

Global Initiative: “The Global Organized Crime Index 2021” (November 2021)

IQAir: 2020 World Air Quality Report” (November 2021)

Luciano Gutierrez, Giuseppe Nocella, Giorgio Ghiglieri & Alfredo Idini (2021) Willingness to pay for fluoride-free water in Tanzania: disentangling the importance of behavioural factors, International Journal of Water Resources Development, DOI: 10.1080/07900627.2021.1996341

Corinne Vitale & Sander Meijerink (2021) Flood risk policies in Italy: a longitudinal institutional analysis of continuity and change, International Journal of Water Resources Development, DOI: 10.1080/07900627.2021.1985972

Judith Preston & Donna Craig (2021) In plain sight – from Juukan caves destruction to just development, Journal of Energy & Natural Resources Law, DOI: 10.1080/02646811.2021.1984036

Fernando Aguirre B. (2021) The lithium triangle – the importance of Bolivia, Journal of Energy & Natural Resources Law, DOI: 10.1080/02646811.2021.1930708

Klein CA “Groundwater Exceptionalism: The Disconnect Between Law and Science” 2021 71(3) Emory Law Journal

Sun^X Malta Climate Friendly Travel: Dash-2-Zero Responding to Code Red (Annual Report 2021 November 2021)

Pogge T “Maximizing Revenues from Natural-Resource Extraction” 2021 Academia Letters https://doi.org/10.20935/AL2580

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

GroundUp: McLachlan C “SANRAL: Getting the facts right on the N2 toll road through the Wild Coast” 22 November 2021

The Herald: Spence L “Perlemoen’s kingpin desperate plea for cash” 22 November 2021 [Legalbief Forensic 25 November 2021]

DFFE: “German nationals arrested for illegal trade and possession of reptiles in Northern Cape” 21 November 2021

SANews: “Report identifies role-players in wildlife crime ecosystem” 17 November 2021 [Legalbrief Environmental 23 November 2021]

Mail & Guardian: Bloch S “The Mozambican criminal who escaped from South African prisons, twice” 28 November 2021

Mail & Guardian: Bega S “South Africa’s newest national park will be in an agricultural landscape” 26 November 2021

Mail & Guardian: Ledwaba L “Poaching moves to cattle as SANParks communities plead for help” 25 November 2021

Conservation Symposium: All of The Conservation Symposium sessions are available to view until 28 February 2022 on the website (thereafter they will be available, unless embargoed, on the YouTube channel). Currently, all the individual presentation videos are uploaded plus some of the live discussions. More are being added daily. The session names can be found listed at the end of this email. The Symposium sessions can be accessed on www.conservationsymposium.com. The full proceedings of all the abstracts can be downloaded from the website. The presentation videos for each session are loaded individually next to each title/abstract/discussion. Delegates must be logged in to the website and have purchased their free ticket. For those who never purchased a ticket beforehand, please login (top right hand of screen) or create a new account, then navigate to Register to Attend (found under your name which replaces Login in the top right hand of the screen, and checkout. Navigate to the Programme, click on the session title, click the check-in button and then view each video by clicking the red Watch Recording button. Also go to Virtual FAQs for further instructions.Any problems – please let me know – Freyni ( )

Climate Change and Energy

Daily Maverick: Merten M “Ramaphosa backs just transition — insists SA’s sovereignty not for sale in R131bn COP26 financing offer” 25 November 2021

Mining Weekly: Creamer T “Ramaphosa to chair inter-Ministerial committee to oversee R131bn just transition offer” 25 November 2021

allAfrica: Leferna A “South Africa: SA’s Climate-Finance Deal – Opportunity or Trap?” 22 November 2021

Reuters: “S.Africa will only accept $8.5 bln green energy deal on good terms, president says” 25 November 2021

Daily Maverick: Planting S “South African asset managers flex sustainability muscles in private” 25 November 2021

Daily Maverick: Van Diemen E “The dirty business of apartheid-era dinosaurs: Inside an Eskom coal-fired power plant” 22 November 2021

Daily Maverick: Freund R “Managing a just transition away from coal is a delicate balancing act – and Gwede Mantashe lacks balance” 23 November 2021

Extractives Baraza: “South Africa’s Gwede Mantashe Is Right: Energy Transition Must Be Guided by Reason, Not Panic” 22 November 2021

TimesLive: Khoza A “Load-shedding is here to stay, Cyril Ramaphosa tells parliament” 25 November 2021

Lexology DLA Piper: MacDonald J “Africa energy futures: South Africa” 19 November 2021

Sustainability Summit: “International call for a mature, flourishing & equitable EV charging ecosystem” (November 2021)

EWN: Ndenze B “MPS slam sale of SA’s oil stocks as ‘heinous acts’ of corruption by ANC” 24 November 2021

MSN: “Shell Wild Coast backlash: Petrol stations cut ties over oil exploration” 27 November 2021

DFFE: “Minister Creecy addresses the Custodians of Professional Hunting and Conservation  South Africa (CPHC-SA) annual general meeting (AGM)” 24 November 2021

Sunday Times: Skiti S and Jika T “Inside Eskom sabotage: Delayed report reveals how insiders helped the power station criminals – Delayed report reveals how insiders helped power station criminals” 28 November 2021 [subscription needed]

Bizcommunity: Mϋller F “South Africa’s energy transition package: still in green and brown camouflage” 24 November 2021

Bizcommunity: Hattingh C “The electric vehicle revolution doesn’t make sense without solar PV” 24 November 2021

Engineering News: Bulbulia T “Energy efficiency should be prioritised as South Africa walks supply tightrope” 26 November 2021

Engineering News: Arnoldi M “Necsa advocates for further investment in nuclear power” 25 November 2021

Energy: Public Protector probes alleged irregular IPP contracts
“Public Protector Busisiwe Mkhwebane could hold up the switch to independently-generated power through a wide-scale investigation into alleged irregularities with IPP contracts. Beeld reports that Mkhwebane has started hearings as part of her investigation into a complaint laid by a group called the Anti-Poverty Forum. It adds the future of the IPP process could be severely hampered if Mkhwebane finds it to be irregular. Energy Minister Gwede Mantashe was the first to testify in terms of a subpoena. The complainants claim green energy from IPPs are too expensive, they do not help to prevent load shedding and Eskom was under undue influence from the government to enter into the agreements. The group said Eskom was forced in the first five rounds of bidding to buy electricity from IPPs at a cost of R2.23/kWh while its average sale price to clients is only 89c/kWh. Mantashe testified that this is not entirely correct. Eskom’s tariffs are determined on the cost of all electricity generation and procurement. ‘It is a fundamental misunderstanding of how Eskom recovers costs,’ Mantashe said. He also said by round five of the bidding, Eskom procured electricity for only 47c/kWh. He also repudiated the complaint about load shedding by saying IPPs currently provide 6 00MW (8.3%) of the country’s power. On the last complaint, Mantashe said Eskom has requested more IPP contracts on several occasions. Mkhwebane said during the hearings a ‘whistle-blower’ will also come to testify. This ‘whistle-blower’ is possibly a former Eskom executive or chairperson, she added.” First Beeld report (subscription needed) [Legalbrief Forensic 25 November 2021]

Environmental enforcement

DFFE: new website address: https://www.dffe.gov.za/

Mail & Guardian: Tandwa L “Magashule wants court to throw out state’s case against him” 28 November 2021

allAfrica: Pikoli Z “South Africa: Strategic Litigation a Powerful Tool to Fight the Climate Crisis, Webinar Told” 25 November 2021

CER: “Rights and Remedies Class of 2021: ‘We are ready to take action!’” 23 November 2021

Local Government

GroundUp: Chiguvare B “Musina residents demand reliable water supply – They have to walk to neighbouring townships to collect water” 24 November 2021

GroundUp: Human L “Are informal settlement residents really to blame for Cape Town’s polluted vleis?” 23 November 2021

GroundUp: Damba-Hendrik N “Philippi informal settlement residents say they are the “forgotten” community of Cape Town – The City says it is unable to assist because their shacks are on private land” 23 November 2021

GroundUp: Hendricks A “Young gardeners are building a fynbos corridor across the Cape Flats” 23 November 2021

Business Day: Ensor L “Minister hopes to tackle ‘invasions’ of buildings” 22 November 2021

News24: Mataranyika M “11 out of Africa’s 15 most polluted cities are all in South Africa – report” 24 November 2021

MSN: Maqhina M “Incomplete RDP houses stand at almost two million and fixing them could cost R300bn” 27 November 2021

Daily Maverick: Lebakeng T “Frontline Soweto: When the power goes out and hope dies” 28 November 2021

Engineering News: Burger S “Human settlements dept capacitates entities to accelerate housing delivery” 26 November 2021

BBC: Onyango E “Kenya tree felling sparks anger over Nairobi’s new highway” 27 November 2021

SANews: “Energy reforms to allow municipalities to generate, buy electricity” 25 November 2021

SANews: “Appointment of qualified professionals key to service delivery: Mbalula” 26 November 2021

SANews: “New unit in the Presidency to focus on local government” 26 November 2021

Mining

Daily Maverick: Carnie T “Shell’s Wild Coast seismic survey plan encounters fierce resistance from South Africans” 25 November 2021

Mail & Guardian: Bega S “‘Nature not designed for seismic blasting’ – marine expert” 25 November 2021 – also read BizNews

IOL: Naidoo D “Shell Seismic Surveying: What’s all the fuss about?” 28 November 2021

Bizcommunity: “270,000 sign petition to stop Shell’s seismic surveys on the Wild Coast” 25 November 2021

allAfrica: “South Africa: Oil Giant Capitalising on ‘Loophole’ to Pursue Hazardous Seismic Scanning #AfricaClimateCrisis”19 November 2021

TimesLive: Steyn L “Mantashe to mines following spike in deaths, injuries: ‘Go back to the drawing board’” 25 November 2021

BusinessLive: Ensor L “Department makes moves to sidestep ruling on Mining Charter” 23 November 2021

Business Day: Ensor L “Miners spell out obstacles to renewable energy projects” 24 November 2021

BusinessLive: Ensor L “Miners have almost 4,000MW of renewable projects in pipeline, council says” 23 November 2021

BusinessLive: Gavaza M “Global coal body urges SA to invest in clean technologies” 25 November 2021

DFFE: “DFFE notes concerns about seismic surveys to be conducted along South African coastline” 22 November 2021

Mail & Guardian: Philips T “Mmadithokwa community shareholders in Tharisa have nothing to show” 20 November 2021

Mail & Guardian: Harper P, Tandwa L and Koko K “Behind the scenes: municipalities face a rocky five years” 25 November 2021

Bizcommunity: “Adopting nature-based approaches in tailings dam design” 26 November 2021

Mining Weekly: Bulbulia T “Stakeholders identify measures to address fatalities in mining industry” 25 November 2021

Mining Weekly: Creamer M “Law firm creates outsourced compliance solution for mining industry” 25 November 2021

Litigation: Court to review oil exploration project
The exploration project of Sasol and its Italian partner ENI to drill off the coast between East London and St. Lucia is now the subject of a High Court review application. Beeld reports that 47 environmental lobby groups, including the South Durban Community Environment Alliance, launched their court bid to set aside the environmental authorisation granted by Environmental Affairs Minister Barbara Creecy in January. The NGOs argue, among other reasons, that the environmental authorisations offends SA’s commitment to the Paris climate agreement. They say in court papers that the drilling work would negatively impact on corals, several threatened fish and bird species, and disrupt the annual sardine run. Sasol declined to comment pending the finalisation of the court case, while Creecy’s department said its lawyers are busy drafting opposing papers.” First Beeld report (subscription needed) [Legalbrief 26 November 2021]

Water, Waste, Oceans and Chemicals

Daily Maverick: Snyman W “A return to source: Saving the Witwatersrand’s ancient freshwater system to save South Africa’s rivers” 26 November 2021

Daily Maverick: Bhagwan J “The Covid-19 fourth wave is looming in December: Wastewater surveillance gives us all the signposts” 25 November 2021

GroundUp: Sizani M “Winnie Madikizela-Mandela’s hometown: no country for old women – Girls from the age of five and women into their 70s fetch water from a river in a town that has never had tap water” 25 November 2021

GroundUp: Sizani M “High school dropout rate blamed on water crisis in Eastern Cape village – The municipality says a R28 million water project will be completed in March next year” 24 November 2021

Mail & Guardian: Harper P “Umgeni: ‘Now we have a CEO who can’t come to work because people want to kill him’” 23 November 2021

Mail & Guardian: Hewitt W “Western Cape schools benefit from zero waste project” 28 November 2021

Bizcommunity: Peters S “#WaterStewardship: Protecting South Africa’s ‘water factories’’ 24 November 2021

Bizcommunity: Rapson G and Bonga T “Compliance blitz on the cards for the agrochemicals sector” 19 November 2021

allAfrica: “South Africa: Water and Sanitation On South Africa and Cuba Extending Working Relations in Water Sector” 25 November 2021

Engineering News: Silaule Y “Mchunu calls on political parties to focus on service delivery, including water provision” 26 November 2021

Pollution: Bulk carrier’s cargo releases toxic fumes
“A hazmat (hazardous materials) response team continues to stabilise the cargo aboard bulk carrier NS Qingdao, anchored in St Helena Bay, which had been releasing toxic fumes. According to a Cape Times report, the SA Maritime Safety Authority (Samsa) said it was managing the salvage operation on the NS Qingdao which had been discharging cargo in the port of Durban two weeks ago when it came into contact with rain water and started releasing toxic fumes. Samsa said the vessel remained safely anchored in St Helena Bay last week and posed no immediate threat to the environment or people in the area. ‘As per the approved salvage plan the cargo is being stabilised by a hazmat team. The team is loading it into skips and covering the skips with stabilising sand. Even though this is a time-consuming process, 25 of the approximately 80 skips have been stabilised. To ensure minimal pollution exposure these skips are being retained onboard and will only be landed ashore when the vessel comes alongside,’ Samsa said. The stabilised cargo will be taken to an approved hazardous waste reception facility in Cape Town after the discharge of the skips. The skips will be discharged in Saldanha Bay.” Full Cape Times report (subscription needed) [Legalbrief Environmental 23 November 2021]

Miscellaneous

Daily Maverick: Ellis E “Worrying variant of coronavirus, with many unknown mutations, driving resurgence of infections in Gauteng” 25 November 2021

TimesLive: Hoskens G “Gangsters’ paradise: SA besieged by organised crime, says report” 25 November 2021

Lexology Herbert Smith Freehills LLP: Leon P, Sweet J, Muller E and Hattingh A “ESG Tracker SADC Edition October 2021” 17 November 2021

IOL: Rall S-A “UPL SA hires former public prosecutor to help track down Cornubia warehouse looters” 16 November 2021 [Legalbrief 23 November 2021]

Mail & Guardian: Van der Merwe A “Good governance requires not only the application of the law, but also its ethics and principles” 26 November 2021

IOL: De Haas M “Crime statistics point to ’state of anarchy’” 28 November 2021

allAfrica: Heywood M “South Africa: Wits Council Resolves to Appoint Pro-Vice-Chancellor for Climate Sustainability and Inequality” 25 November 2021

allAfrica: “South Africa: North West Economic Development, Environment, Conservation and Tourism Hosts Gender Equality Roundtable Discussion, 30 Nov” 25 November 2021

Engineering News: Burger S “CSIR’s initial circular economy study shows potential to create economy-wide value” 26 November 2021

Engineering News: Burger S “Green economy will drive inclusive economic growth, social upliftment – Nedbank” 26 November 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

Climate Home News: Langat A “Kenyan forest communities sidelined as government misses two billion tree target” 26 November 2021

The Namibian: “Botswana cop claims fishermen had ivory” 23 November 2021

The Conversation: Onivola Minoarivelo H, Cervantes Peralta F and Kuiper T “Statistical ecology can unlock the power of biodiversity data in Africa” 23 November 2021

allAfrica: Orina B “Kenya: Balala Says Kenya Will Learn From SA on Best Wildlife Conservation Models” 25 November 2021

The Guardian: Moses J “The need to trespass: let people in to protect nature, says guerrilla botanist” 26 November 2021

Climate Change and Energy

Natural Justice: “African Activists for Climate Justice launch partnership to address climate emergency” 22 November 2021

Daily Maverick: Ojewale O “Despite promises to the contrary, Nigeria’s commitment to end gas flaring may amount to little more than hot air” 23 November 2021

Climate Home News: “Morocco accused of “greenwashing occupation” of Western Sahara” 25 November 2021

Climate Home News: “Nigeria commits to annual carbon budgets to reach net zero under climate law” 22 November 2021

Extractives Baraza: “North Africa: Green Hydrogen: The New Scramble for North Africa” 22 November 2021

Bizcommunity: “Productive energy use powering socioeconomic transformation in Africa – reports” 26 November 2021

allAfrica: Mshindi T “Kenya: Welcome Focus On Climate Action but Lots More Must Happen” 28 November 2021

allAfrica: “Egypt: Planning, Environment Ministers Discuss Preparations for COP27” 26 November 2021

allAfrica: “Tunisia: Using 50,000 Electric Vehicles By 2025 Would Reduce 2.2 Mtco2e – Study” 26 November 2021

Engineering News: Bulbulia T “Scatec signs agreement for 20 MW solar project in Lesotho” 26 November 2021

Environmental enforcement

The Namibia: Menges W “Fishrot accused ask for millions to pay lawyers” 22 November 2021

Local government

allAfrica: “Tanzania: Why You Need to Check the Water You Consume Now” 21 November 2021

SANews: “Africa should prioritise adequate, hygienic sanitation facilities for vulnerable groups” 26 November 2021

Mining

Lexology: “Snapshot: environmental regulations for mining activities in Democratic Republic of Congo” 27 May 2021

Extractives Baraza: “DRC: Five Chinese Nationals Kidnapped in DR Congo After Attack Near Mine” 22 November 2021

Extractives Baraza: “Zambia: Country Launches Probe on Illegal Issuance of Mining Licenses” 22 November 2021

Lexology: “Snapshot: environmental regulations for mining activities in Angola” 27 May 2021

Reuters: “India’s Jindal plans to start building Botswana coal mine in 2022” 19 November 2021

Bizcommunity: Mucari M “Mozambique to unveil fresh oil and gas bidding round” 24 November 2021

Bizcommunity: Bujakera S “Congo president demands audit of mining registry to fight fraud” 22 November 2021

Mining Weekly: “Ionic reports pleasing assay results for Uganda rare earths project” 25 November 2021

Reuters: Owolabi T “Oil gushing from Nigerian wellhead blasts hopes of those living nearby” 26 November 2021

Reuters: Kelly B “Gold rush draws hundreds of dredging rafts to Amazon tributary” 25 November 2021

Water, oceans, waste and chemicals

allAfrica: Tantoh M “Somalia: State of Emergency Declared as Drought Worsens” 24 November 2021

allAfrica: “Tanzania: Experts Weigh in On Govt Plan On Blue Economy” 26 November 2021

allAfrica: “Kenya: Consumers Force Nyeri Water to Lower Its Prices” 25 November 2021

allAfrica: “Nigeria: Open Defecation – UNICEF Builds 7,728 Toilet Facilities in North-East” 25 November 2021

Engineering News: Odendaal N “AfDB approves new 2021 to 2025 Water Strategy” 25 November 2021

Miscellaneous

IISD SDG Knowledge Hub: “Strengthening Geospatial Data Capacity to Respond to Crises in Somalia” 24 November 2021

Engineering News: “EIB, TDB launch €81.5m programme to support private investment in Eastern, Southern Africa” 25 November 2021

International

Biodiversity, Protected Areas, and Culture

Science: Pennisi E “Why are trees dropping so many nuts? Climate may drive erratic ‘masting’” 23 November 2021

Science: Stokstad E “Pesticides can harm bees twice—as larvae and adults” 22 November 2021

Lexology: “Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement” [Canada] 19 November 2021

Law Gazette: Tobin S “HS2 contractors not immune from wildlife prosecutions, court rules” [UK] 19 November 2021 [Legalbrief Environmental 23 November 2021]

The Guardian: Boztas S “‘Every tree counts’: Dutch come up with cunning way to create forests for free” 26 November 2021

The Guardian: McVeigh K “Atlantic fishing nations agree to ban catches of mako, world’s fastest sharks” 24 November 2021

The Independent: Cockburn H “Extinction of megafauna such as mammoths ‘triggered global rise in wildfires’” 26 November 2021

The Independent: Sankaran V “Albatross ‘divorce’ rates up due to climate change, study finds” 25 November 2021

The Independent: Webb S “Bees exposed to one dose of pesticide could take generations to recover” 24 November 2021

Today-in-24: “Carnivorous bees gave up pollen for rotten meat” 24 November 2021

Climate Change and Energy

Carbon Pulse: “EU lawmakers seek changes to CO2 border measures that could ease impact on US emitters” 26 November 2021

Carbon Pulse: “Newly-formed German government firms up plans to shield citizens from energy transition costs” 26 November 2021

Carbon Pulse: “Researchers pitch minilateral approach to ITMO trade to increase quality, ambition” 26 November 2021

Sustainable Future: Frangoul A “‘For us, it is not a solution’: Enel CEO skeptical over the use of carbon capture” 25 November 2021

Euractiv: “Germany to inject more than €50bn extra cash for green transition” 26 November 2021

Sydney Morning Herald: Hatch P “Qantas unveils ‘green tier’ membership for carbon-conscious travellers” 26 November 2021

Renew Economy: Mazengarb M “Morrison and Taylor outline vision for more fossil gas fields, and more pipelines” 26 November 2021

Office of the Auditor General Canada: “Report 4—Emissions Reduction Fund—Natural Resources Canada” 25 November 2021

Lexology: “Hydrogen rising: COP26, The clean energy economy, and hydrogen” 24 November 2021

Lexology: “Facing the Future of Hydrogen: An International Guide” 24 November 2021

Lexology: “COP 26: Article 6 and its impact on voluntary markets” 24 November 2021

Lexology: “Energy in transition: Emerging issues in energy storage – Unlocking the next wave” [Canada/UK] 18 November 2021

Carbon Pulse: “China’s environment ministry bars regional authorities from restricting offset sales” 25 November 2021

The Indian Express: “Germany announces €1.2 bn to help India fight climate change” 25 November 2021

Climate Home News: “Who pays for the inescapable coal phasedown? – Climate Weekly” 26 November 2021

Lexology: “Works Councils in French companies with over 50 employees are going green” 24 November 2021

Lexology: “Renewable energy and reusable reforms: WA’s land tenure amendments are familiar but exciting” [Australia] 24 November 2021

Lexology: “An introduction to Distributed Energy” 23 November 2021

IISD SDG Knowledge Hub: “From Glasgow to Geneva: Stop Subsidizing the Beasts” 22 November 2021

Euractiv: Taylor K “Europe’s social climate fund too small to make a difference, critics say” 24 November 2021

Euractiv: Simon F “Leak: EU strategy seeks to remove carbon from atmosphere” 23 November 2021

Euractiv: Taylor K and Simon F “Leak: EU gas market overhaul puts consumers, hydrogen at the centre” 23 November 2021

Euractiv: Taylor K “Leak: Draft EU law cracks down on methane leaks from fossil fuels” 25 November 2021

Euractiv: Kurmayer NJ “New German coalition aims for 80% renewable power by 2030, more gas as back-up” 25 November 2021

Clean Energy Wire: Bateman J “German environment ministry launches project to decarbonise glass industry” 24 November 2021

Gibraltar Chronicle: Gulraj P “Govt mulls ‘carbon tax’ and mixed incentives to boost green transport” 24 November 2021

The Jurist: Dougherty J “Explainer: The SEC, Climate Disclosures, and a New Global Standard” [USA] 22 November 2021

The Guardian: Krupnick M “What happens when America’s coal plants die?” 26 November 2021

The Guardian: Balch O “Battery power: five innovations for cleaner, greener electric vehicles” 26 November 2021

The Independent: Cockburn H “UK has given oil and gas industry £13.6bn in subsidies since Paris Agreement, say campaigners” 26 November 2021

The Independent: Webb S “Is cultivated ‘lab-grown’ meat the next eco-revolution?” 26 February 2021

Reuters: Nickel R “Canada’s emissions-cutting efforts falling short -environment watchdog” 25 November 2021

Reuters: “Tepco finds melting of ice wall at Japan’s Fukushima Daiichi plant” 26 November 2021

Reuters: “China plans methane emission controls in key industries” 25 November 2021

Environmental Enforcement

Lexology: “Litigation commenced against Santos for “greenwashing”: a warning of things to come!” [Australia] 22 November 2021

Lexology: “UN human rights bodies unequivocally confirm link between climate change, a healthy environment and human rights” 23 November 2021

Lexology: “Potential alliance between FinCEN and Justice Department Environmental Crimes Unit presents a potent law enforcement combination for companies to monitor” [USA] 23 November 2021

Lexology: “High Court finds failure to comply with human rights duties in context of monitoring pollutant levels” [UK] 10 November 2021

Lexology: “ASTM Issues New Phase I Environmental Standard” 19 November 2021

Lexology: “Belgium’s ‘climate case’ – Klimaatzaak files an appeal to ‘Force Belgium to act’” 19 November 2021

Lexology: “German NGOs file climate-related lawsuits against German car manufactures and a gas and oil producer” 19 November 2021

Lexology: “The issuance of set-up permits for power generation capacities by the Ministry of Energy and the risk of infringement actions against Romania” 22 November 2021

Lexology: “Environment Act finally becomes UK law” 19 November 2021

Lexology: “Disputes relating to climate change and sustainability are increasing – but what are they?” 18 November 2021

Dissent: “Chevron’s Intimidation Campaign” 24 November 2021 – also read an earlier article in Salon

The Jurist: Profiri I “Canada environmental groups threaten defamation suit against Alberta Premier” 24 November 2021

Local government

Lexology: “What Does the New Infrastructure Law Fund and What’s Next for Social Infrastructure?” [USA] 22 November 2021

Lexology: “New York on the Path to Requiring All-Electric Buildings” 23 November 2021

Lexology: “How Australia’s building and construction sector is responding to the “hidden” issue of a building’s embodied carbon” [Australia] 25 November 2021

Lexology: “Energy label C obligation in commercial lease relationships” [Netherlands] 23 November 2021

IISD SDG Knowledge Hub: “COP 26 Side Events Focus on CCS, Urban Living Labs, Joint Crediting Mechanism” 24 November 2021

IISD SDG Knowledge Hub: “Local and Regional Governments Consider Contributions to Our Common Agenda” 22 November 2021

The Guardian: “‘Atmospheric rivers’ threaten new floods in hard-hit Washington state” 27 November 2021

Mining

Daily Maverick: Walters T “Heatpocrisy Explained (Part Two): Inside the rich and powerful nexus sizing up Earth’s last unmined frontier” 24 November 2021

Lexology: “The role of critical minerals in the energy transition: A Canadian Perspective (part 4)” [Canada] 23 November 2021

Lexology: “Force Majeure and Risk Allocation in Oil and Gas Contracts: Recording of the talk by Haynes Boone’s Glenn Kangisser and Fiona Cain” [USA] 24 November 2021

Extractives Baraza: “Kazakhstan Sells More Oil and Gas Blocks in Online Auction” 22 November 2021

Extractives Baraza: “UK’s Hochschild Fights Peru’s Plans To Close Mines Over Environmental Impact” 22 November 2021

Extractives Baraza: “The $5 Billion Hoard of Metal the World Wants but Can’t Have” 22 November 2021

Lexology: “Exposure standards for carbon dioxide in NSW coal mines” [Australia] 15 November 2021

Euractiv: “Down in a hole: Bosnia miners fear green revolution” 18 November 2021

DW: “Serbia: Protesters block roads over new mining laws” 27 November 2021

Mining Weekly: “Peru communities resolute on mine shutdowns despite government shift” 26 November 2021

Mining Weekly: “Russia arrests safety inspectors after coal mining disaster; death toll jumps past 50” 26 November 2021

Reuters: Slattery G and Nogueira M “Brazil police recommend homicide, environmental charges in Vale dam disaster” 27 November 2021

Water, Oceans, Waste and Chemicals

Carbon Pulse: “Campaigners cheer small victory for Arctic at UN’s shipping climate talks” 26 November 2021

Lexology: “The Value of a Right to Flood by an Additional 5.5 Feet” [USA] 22 November 2021

Lexology: “First Circuit Distinguishes “Release” from “Disposal” in Affirming CERCLA Liability of Facility Owner” 23 November 2021

IISD SDG Knowledge Hub: “How Satellite Imagery Can Support Clean Water for All” 24 November 2021

UNSW: “Antarctic ice sheet changed alarmingly quickly in the past – and it may be happening again now” 19 November 2021

The Jurist: Guinn T “US Supreme Court settles water dispute between Tennessee and Mississippi” 23 November 2021

The Guardian: Lu D “Great Barrier Reef: how a spectacular coral spawning event is helping to breed heat-tolerant corals” 26 November 2021

The Guardian: Gillam C “Only two out of 11 herbicide studies given to EU regulators deemed ‘reliable’” 26 November 2021

The Guardian: Carrington D “Amount of litter on UK beaches is falling, national clean-up finds” 25 November 2021

The Guardian: Laville S “UK water firms spilled sewage into sea bathing waters 5,517 times in last year” 25 November 2021

The Guardian: Monbiot G “Filthy business: who will stop Britain’s illegal waste-dumping mafia?” 24 November 2021

BBC: Grice N “Repair it, reuse it: The people saving stuff from landfill” 27 November 2021

Reuters: Hay A “Despite drought, New Mexico project to seed clouds scrapped” 27 November 2021

Miscellaneous

IISD ENB: GEO Week 2021 | 22–26 November 2021 | Online

Lexology: “IOSCO final report and recommendations on ESG ratings and data products providers” 24 November 2021

Lexology: “Innovation in green technologies promises food and farming revolution – Inside Green Innovation: Progress Report 2021” [UK] 24 November 2021

IISD SDG Knowledge Hub: “Driving Home the Importance of Safe and Sustainable Mobility” 22 November 2021

Lexology: “Bonding over Green – Benefits of Green Bonds for Issuers and Investors” [Australia] 22 November 2021

Sun^X Malta Climate Friendly Travel: Geoffrey Lipman: A Decent Guy [an interview about sustainable tourism]

Conferences, Workshops, Study Opportunities

National

International

Society for Environmental Law and Economics is excited to plan for its first in-person conference since 2019: 13th Annual Meeting in person in New York City, hosted by the New York University School of Law
Date: Thursday and Friday, June 9 & 10, 2022
This meeting will be subject to any Covid restrictions in place at that time, including but not limited to those of NYU and those that the SELE Board may deem appropriate, including full vaccination of a vaccine accepted in the United States. Please consult the CDC website for approved vaccines. And of course, there are still many pandemic-related uncertainties, such that our plans may require change.
With all of those caveats, we are certainly eager for everyone to see each other again, and hope to continue building our community of environmental scholars working in the intersection of law, economics, and environmental or natural resource issues. Wewelcome both theoretical and empirical papers, as well as studies looking at problems at local, state, national, and international levels.
In the spirit of collegiality, the meeting will use a workshop format in which all sessions are plenary. Please note that all participants are expected to attend all of the presentations. Our goal is to create a program that includes a variety of disciplinary perspectives, ideally consisting of 20-25 papers over the two-day period. This year, we may include some “lightning round” sessions, with shorter presentations for projects that may be in earlier stages of development. Please so indicate in your submission if you are amenable to or prefer to make a lightning round presentation.
No funding will be available for travel or lodging expenses. Food and drink will be provided during the workshop and a dinner will be hosted on Thursday evening for the speakers. We also expect to organize an informal dinner on Wednesday evening for whomever is in town and would like to gather.
Paper Submission Procedure: To submit a paper, please email a Word or PDF file to Shi-Ling Hsu () with the subject line “SELE SUBMISSION,” by January 31, 2022. We will review all submissions and get back to you by March 15.
For further information, please direct inquiries to Ricky Revesz () and/or Shi-Ling Hsu

CMS Legal: Public procurement on the move to ecological transition
Date: Thursday, 9 December 2021 from 5:00 p.m. to 7:30 p.m. CET
More information

1st International Online Workshop for Environmental Law PhD Students
Date: 21 January 2022
Time: 10am-6pm CET
Participation is open to PhD students from al countries in the world and is free of charge.
Discuss your research with an international circle of other PhD students and environmental law professors! This workshop is organized as a joint effort of the European Environmental Law Forum (EELF), the European Law Institute, the Faculty of Law of Opole University, Poland, the Faculty of Law of Groningen University, The Netherlands, the German Competence Network for Environmental Law and Helmholtz Centre for Environmental Research. It is aimed to provide an opportunity for PhD students and doctoral candidates to present the concepts of their dissertations and discuss them with their peers and an international circle of environmental law professors and senior academics.
Participants will be given 10 minutes to present their work followed by 10 min. discussion.
Outstanding concepts will be invited to submit a paper to the “Journal for Environmental and Planning Law (JEEPL) and the Opole Studies in Administration and Law (OSAP). Participation is free of charge and subject to the following eligibility requirements:

• any PhD student writing doctoral thesis in broadly understood environmental law,
• before thesis are completed and defended,
• from any university or academic institution around the world,
• supported by the respective academic supervisor.

Abstracts shall be submitted by 15 December 2021 to   and:

• not exceed 750 words, be written in English,
• name title, author, academic supervisor and institutional affiliation,
• briefly outline the main research question(s), approach and hypotheses or results,
• be accompanied by a brief recommendation by the academic supervisor.

Abstracts will be reviewed by the scientific committee on a rolling basis and successful candidates will be informed by 20 December 2021, at the latest. The supervisors of accepted participants will be invited to join the event.
Scientific Committee
Luc Lawrysen Ph.D., Professor at Ghent University and President of the Constitutional Court in Belgium (Chair); Jerzy Jendrośka Ph.D, Professor at Opole University and at Riga Graduate School of Law, co-editor of OSAP), Moritz Reese Ph.D, Helmholtz Centre for Environmental Research, Leipzig Germany, Chairman of EELF; Lorenzo Squintani Ph.D, Professor at Groningen University and editor of JEEPL.

Vacancies, Bursaries, Funding, Opportunities, etc.

National

Biodiversity Law Centre: recruitment of Non-executive directors
To apply: please send a cover letter and CV to /
More information
Closing date: 7 January 2022 – find the advert here

Hogan Lovells: Senior Associate
More information

Candidate Attorney – Nelspruit
More information

Genesis: Senior Associate – Sector Financing (Health)
More information

Candidate Attorney – Cape Town
More information 

UKZN: Assistant Administrative Officer (Grade 11) Fixed Term Contract (3 positions)
Closing date: 30 November 2021
More information

Baker McKenzie:  Senior Associate – Intellectual Property and Technology – Johannesburg
More information

M&A Client Outreach Analyst Clark House, Cape Town
More information

Acer Africa Environmental Consultants: Environmental Consultant – Social Scientist
Closing date: 7 January 2021
More information

International

The Graduate Institute of International and Development Studies Geneva, Switzerland
Tenure-track full-time Position at the rank of Assistant Professor of International Law
The Graduate Institute of International and Development Studies Geneva, Switzerland invites applications for a tenure-track full-time position at the rank of Assistant Professor of International Law.
Job Qualifications: Candidates should have a solid background in public international law. In terms of areas of specialisation, we are interested in both strengthening our presence in traditional fields of international law (such as, but not exclusively, international dispute settlement or territorial delimitation) as well as in expanding in cutting-edge, novel fields of, or approaches to, international law (such as, but not exclusively, law & tech/digital, tax, finance or sustainability, or Global South approaches to international law).
Candidates must hold a doctoral degree in Law prior to the start of their contract and demonstrate excellence in research through completed projects and a promising research agenda. Postdoctoral research experience is not required but considered an asset. Applications from candidates already holding a position of Assistant Professor in another institution are also welcome.
The successful candidate will be affiliated to the Department of International Law. S/he will teach postgraduate courses and supervise master’s dissertations and PhD theses in the Department of International Law. S/he may also be called upon to teach classes and supervise master’s dissertations in the interdisciplinary programme, as well as contribute to executive education programmes. The Institute being interdisciplinary, the selected candidate should be interested in interdisciplinary dialogue, teaching and research.
The teaching language is either English or French. Prior knowledge of French is not required, but the successful candidate is expected to acquire at least a passive knowledge of it within two years of being hired.
Application Procedure: Please apply here: https://erecruit.graduateinstitute.ch/professeurs/?page=personal_information&rrid=374
ABOUT THE ORGANIZATION: The Graduate Institute’s International Law Department, with up to 50 specialised courses and close to 30 full-time and visiting faculty each year, has one of the largest and most diverse concentrations of international law scholars worldwide. Our strategic location in the heart of international Geneva – the epicentre of multilateralism –, unrivalled faculty-student ratio and unique interdisciplinary set-up provide a particularly attractive environment for young scholars who are keen to develop creative thinking on the major challenges of our time. https://erecruit.graduateinstitute.ch/professeurs/?page=advertisement_display&id=374&lng=en

University of Haifa: Tenure-track Position at any Rank
The School of Criminology at the University of Haifa, Faculty of Law invites applications for a tenure-track position at any rank.
Job Qualifications: Candidates must hold a PhD in criminology or an affiliated field, and present excellent academic achievements. Applicants will be evaluated based on their potential to establish or maintain a prominent research program, to capture external funding, and to excel in teaching.
Application Procedure: Applications must include a CV (including a list of publications and a description of research and teaching interests), as well as contact information for three references. Please send applications by December 15, 2021, to: Dr. Tali Gal, Head, School of Criminology, University of Haifa, Mount Carmel, Haifa, Israel 31905 (e-mail: ).
Application deadline: December 15, 2021
About the Organization: The University of Haifa has over 18,000 students from a wide range of ethnic and socio-economic backgrounds are enrolled at the University of Haifa, the largest research university in northern Israel, and the most pluralistic institution of higher education in the country. Founded in 1963, the University of Haifa received full accreditation in 1972 and, since then, has created and developed a world-class institution dedicated to academic and research excellence. See: https://law.haifa.ac.il/index.php/en/home

Forest Carbon Analyst, Finite Carbon – Flexible Location

_________________________________________________________________________________________

Featured Image: Photo by Johan Nel

End