ELA Newsletter 2021-46

3 December 2021

Join us for our last Webinar 9 December 2021

Legislation

Acts

Cybercrimes Act 19 of 2020 – Proc R42 in GG 45562 of 30 November 2021 – commencement of some chapters and sections – 1 December 2021

Directions

Disaster Management Act 57 of 2002 – GN 1567 in GG 45575 of 2 December 2021 – Directions on taxi relief fund towards the impact of COVID-19 in the taxi industry, 2021

Tourism Act 3 of 2014 – Gen Notice 696 in GG 45568 of 3 December 2021 – Norms and standards for the safe operations of the tourism sector in the context of COVID-19 and other related pandemics

Notices

Marine Living Resources Act 18 of 1998 – GN 1566 in GG 45573 of 2 December 2021 – Extension of application period for the application for rights to undertake commercial fishing of hake deepsea trawl, hake longline, South Coast rock lobster, small pelagic (sardine and anchovy), KwaZulu-Natal crustacean prawn trawl, squid, demersal shark longline, tuna pole-line and traditional linefish

National Water Act 36 of 1998 – GN 1559 in GG 45568 of 3 December 2021 – Reserve determination for water resources of the Crocodile West and Marico Catchments

National Environmental Management: Waste Act 59 of 2008 – GN 1565 in GG 45572 of 2 December 2021 – Proposed amendments to the Extended Producer Responsibility Regulations, 2020 and notices regarding extended producer responsibility – for comment

Conservation of Agricultural Resources Act 43 of 1983 – GN 1569 in GG 45579 of 3 December 2021 – Revised subsidy tariffs for soil conservation works

Petroleum Products Act 120 of 1977 – GN R1534 in GG 45561 of 30 November 2021 – Regulations in respect of the single maximum national retail price for illuminating paraffin published with effect from 1 December 2021

Petroleum Products Act 120 of 1977 – GN R1535 in GG 45561 of 30 November 2021 – Regulations in respect of the maximum retail price of Liquefied Petroleum Gas supplied to residential customers published with effect from 1 December 2021

Petroleum Products Act 120 of 1977 – GN R1536 in GG 45561 of 30 November 2021 (p6), replaced by GN R1560 in GG 45569 of 1 December 2021 – Regulations in respect of petroleum products published and GN R1468 in GG 45421 of 2 November 2021 substituted with effect from 1 December 2021

Electricity Act 41 of 1987, Gas Regulator Levies Act 75 of 2002 & Petroleum Pipelines Levies Act 28 of 2004 – GN 1568 in GG 45576 of 2 December 2021 – Proposed electricity licence fees and levies on the piped-gas and petroleum pipeline industries for the 2022/23 financial year – for comment

Provinces

Eastern Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 183 in PG 4654 of 29 November 2021 – Buffalo City Metropolitan Municipality: By-law on Arts, Culture and Heritage Facilities and Events By-law

KwaZulu Natal

Remuneration of Public Office Bearers Act 20 of 1998 – PN 130 in PG 2344 of 29 November 2021 – Framework for the Determination of Upper Limits of Salaries, Allowances and Benefits of Councillors

Limpopo

National Environmental Management: Protected Areas Act 57 of 2003 – PN 159 in PG 3220 of 3 December 2021 – Notice of intention to declare game and nature reserve: Selati, Karongwe, Tholo, Palala, Adelaide, Greater Kuduland Safaris Game Reserves and Greater Mooketsi and Western Soutpansberg Nature Reserve – for comment

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International

G7 UK 2021: G7 Leaders Statement: Partnership for Infrastructure and Investment 3 December 2021

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CASES

National

Magistrates Commission and Others v Lawrence (388/2020) [2021] ZASCA 165 (2 December 2021)

Summary:  Constitutional law – review of a decision of the Appointments Committee of the Magistrates Commission not to shortlist a candidate for appointment as magistrate – rigid exclusion of candidate solely on account of being a white male – recommendation of Appointments Committee reviewed and set aside.

Samancor Holdings (Pty) Ltd and Others v Samancor Chrome Holdings (Pty) Ltd and Another 2021 (6) SA 380 (SCA)

Arbitration—Reference of dispute to arbitration—Extension of time for institution of arbitration proceedings—Proper approach and relevant considerations—Arbitration Act 42 of 1965, s 8.
Arbitration—Reference of dispute to arbitration—Extension of time for institution of arbitration proceedings—Requirement that ‘undue hardship’ will be caused if extension not granted—Discussion of—Arbitration Act 42 of 1965, s 8.

South African Human Rights Commission v Msunduzi Local Municipality and Others 2021 (6) SA 500 (KZP)

Environmental law—Waste management—Waste management licence—Operation by municipality of landfill site contrary to conditions set out in waste management licence—Non-compliance with compliance notices issued by Provincial Department of Economic Development, Tourism and Environmental Affairs—Disposal of hazardous materials; fires on site; inadequate access control to site; seeping of leachate into environment—Municipality compromising health and wellbeing, and negatively impacting livelihood, of some of its citizens, and negatively affecting environment within its area of jurisdiction—Breach of s 24 of Constitution, international law and provisions of various environmental legislation—Constitution, s 24; National Environmental Management Act 107 of 1998, ss 31L and 28(1) and (3); National Environmental Management: Waste Act 59 of 2008, ss 16 and 20(b); and National Water Act 36 of 1998, s 19(1).
Constitutional law—Human rights—Right to protection of the environment—Operation by municipality of landfill site contrary to conditions set out in waste management licence—Non-compliance with compliance notices issued by Provincial Department of Economic Development, Tourism and Environmental Affairs—Disposal of hazardous materials; fires on site; inadequate access control to site; seeping of leachate into environment—Municipality compromising health and wellbeing, and negatively impacting livelihood, of some of its citizens, and negatively affecting environment within its area of jurisdiction—Breach of constitutional right to protection of environment—Constitution, s 24.

Publications

National

SARS “Working Draft Green Finance Taxonomy” (Report June 2021)

2021 117(11/12) South African Journal of Science

• Engelbrecht FA and Monteiro MS “The IPCC Assessment Report Six Working Group 1 report and southern Africa: Reasons to take action” here
• Van Rooyen E et al “The polyphagous shot hole borer beetle: Current status of a perfect invader in South Africa” here
• Nkosi SM et al “Renewable energy potential of anaerobic mono- and co-digestion of chicken manure, goat manure, potato peels and maize pap in South Africa” here
• Aisien ET and Aisien FA “Photodegradation and kinetics of edible oil refinery wastewater using titanium dioxide” here
• Olatayo KI et al “Life cycle assessment of single-use and reusable plastic bottles in the city of Johannesburg” here
• Van der Merwe H et al “Developing an environmental research platform in the Karoo at the Square Kilometre Array” here
• Mbhatsani HV “Food security and related health risk among adults in the Limpopo Province of South Africa” here

International

World Justice Project “WJP Rule of Law Index 2021” (Report December 2021)

IEA “Renewables 2021 – Analysis and forecasts to 2026 – Fuel report” (Report December 2021)

Light Sarah E &. Skinner Christina P “Banks and Climate Governance” 2021 121 Columbia Law Review 1895, available here or here

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Daily Maverick: Biggar K “Illegal fish aggregating device use ups stakes for South African marine life and ecosystems” 1 December 2021

Daily Maverick: Bloom K “Communities, corruption and carcasses: when the Kruger National Park, the bushmeat trade and the Mthimkulu’s complex history collide” 2 December 2021

Daily Maverick: Gonçalves Loureiro T “How we found a way to track alien marine species along South Africa’s coast” 3 December 2021

Mail & Guardian: Bega S “Following the wildlife traffickers’ money” 2 December 2021

Mail & Guardian: Bega S “Animal welfare bill being developed in isolation” 2 December 2021

Mail & Guardian: Phillips T “SANParks shifts to solar and spekboom” 29 November 2021

Climate Change and Energy

Daily Maverick: Yelland C “R20bn life extension of Koeberg power station poses significant risks for South Africa” 28 November 2021

BusinessDay: Maeko T “Rival lays out its Karpowership case” 1 December 2021

BusinessDay: Ensor L “Nersa welcomes its proposed POER in bill to set gas tariffs” 1 December 2021

General: Eskom sabotage report unnoticed for a year
“A forensic report that went unnoticed by Eskom bosses for more than a year has lifted the lid on wholesale sabotage of infrastructure by unscrupulous contractors and employees. The report was submitted in January 2020, but Eskom management last week said it became aware of it only in June, when the Department of Public Enterprises showed it to Eskom executives. Eskom spokesperson Sikonathi Mantshantsha said the report had been commissioned by Tutuka power station in Standerton and it found that sabotage and other crimes were planned internally and executed with help from outside, including with syndicates and Eskom service providers. It found that in some cases employees removed cameras, distribution boards, and a control timer to switch electrical equipment on and off, as well as committing other acts of vandalism. The report said Eskom employees colluded with suppliers who fixed the units, gave them inside information, and told them what prices to charge in an emergency. The attacks have been confirmed by the former head of security at Tutuka, Dan Korope, who has since left Eskom. He told the Sunday Times that the incidents were reported to the Hawks. ‘The biggest problem is people in the electrical maintenance department who collude with contractors and suppliers. They break parts so they can work overtime, they then call on the suppliers they work with to supply the parts. It is a big scam where a lot of technical people make a lot of money together with suppliers, and the power station managers ignored our proposals from security,’ he said.” Full Sunday Times report (subscription needed) Legalbrief Forensic 2 December 2021

BusinessDay: Phakathi B “SA will reject green financing that hurts fiscus” 26 November 2021 [Legalbrief Environmental 30 November 2021]

SANews: “Sectoral Emission Targets Framework approved” 25 November 2021 [Legalbrief Environmental 30 November 2021]

Daily Maverick: Van Rensburg D “Clumsy Nersa redaction reveals ‘higher’ cost of emergency power” 2 December 2021

IOL: Dludla S “Overstated fuel price: fuel retailers in the country asked to refund motorists” 2 December 2021

Mining Weekly: Creamer T “Nersa ordered by court to decide Eskom’s 2022/23 tariff by Feb 25” 3 December 2021

Environmental enforcement

Natural Justice: “Urgent interdict filed to protect the Wild Coast” 30 November 2021

GroundUp: Kretzmann S “River Club was not on Amazon’s short list – court papers – Doubt cast on argument that blocking the R4.5 billion development would cost thousands of jobs” 2 December 2021

Mail & Guardian: Msimang S “2021: The year of the whistleblower” 4 December 2021

Biznews: “Martin Welz: Animal rights and human privacy – a riveting mix” 3 December 2021

Bizcommunity: “One-quarter of businesses say they cannot reduce their environmental impact” 1 December 2021

allAfrica: “South Africa: A Second Gas-to-Power Environmental Authorisation Is Refused for Richards Bay” 2 December 2021

Local Government

Moneyweb: Ryan C “Now that the elections are over, the brutal reality sinks in for metros – Of the eight metros, only Cape Town is in any kind of financial health” 29 November 2021

Daily Maverick: Evans J “Kliptown residents say they found mercury in water after system upgrade, COJ conducting tests” 3 December 2021

Bizcommunity: “Report: Developing ‘future-fit’ South African cities and engaging in a just transition” 3 December 2021

Polity: “Emalahleni owes Eskom over R5 billion, urges its customers to pay or face darkness” 3 December 2021

Mining

EWN: Isaacs J “Petroleum Agency Promises Caution When Shell Explores for Oil in the Wild Coast” 30 November 2021

Daily Maverick: Sgqolana T “Shell to go ahead with Wild Coast seismic survey despite backlash and Express Petroleum pullout” 29 November 2021

Daily Maverick: Sgqolana T “Choppy waters: More coastal surveys in the pipeline for South Africa” 29 November 2021

Mail & Guardian: Ganson B “Shell’s ‘corporate social responsibility’ in its intent to mine the Wild Coast is worse than greenwashing” 1 December 2021

Daily Maverick: Sgqolana T “Shell argues a successful interdict will be detrimental to it and the country, claims no evidence of environmental harm” 2 December 2021

Daily Maverick: Sgqolana T “Blow for environmental activists as they fail to convince court to stop Shell’s planned seismic survey on the Wild Coast” 2 December 2021

Daily Maverick: Sgqolana T “Second interdict application filed in bid to halt ‘harmful’ Shell seismic survey off Wild Coast” 2 December 2021

Mail & Guardian: Bega S “Shell gets go-ahead to proceed with seismic blasting on the Wild Coast” 3 December 2021

amaBhungane: Reddy M “All that glitters: how state capture hobbled Alexkor” 1 December 2021

Daily Maverick: Davies G “Shelling out: It’s vital for government to focus on green energy now before its dependence on gas and coal makes fossils of us all” 3 December 2021

Daily Maverick: Button R “What the Shell: Why Wild Coast seismic surveys rattle the sea’s great migrating whales” 1 December 2021

Mining Weekly: Liedtke S “Panel stresses need for action to save South Africa’s exploration potential” 2 December 2021

Lexology Fasken: Morolong M “Update: Mining charter 2018 judgment – DMRE will not appeal” 26 November 2021

Daily Maverick: Stoddard E “Missing workers: Two miners rescued at Implats following ‘mud rush’, bodies of three others recovered” 30 November 2021

Bizcommunity: “DMRE investigates fatal mining incidents” 2 December 2021

Business Day:  Mavuso B “Slow state must get sparky over power generation by miners” 30 November 2021

Daily Maverick: Stoddard E “Exclusive: Sibanye to bring in effective mandatory vaccine policy from February 2022” 3 December 2021

Mining Weekly: Creamer M “Exploration debate highlights Nema challenge” 3 December 2021

Mining Weekly: Liedtke S “Venetia’s transition to underground mine about 54% complete, says De Beers” 3 December 2021

Mining Weekly: Arnoldi M “Climate change mitigation is about more than just emission reduction, says the RMF” 2 December 2021

Water, Waste, Oceans and Chemicals

Daily Maverick: Van Diemen E “South Africa votes against UN shipping agency’s attempts to set new Paris-aligned emissions target” 29 November 2021

Daily Maverick: Carnie T “Legislators want tougher measures and inspections for chemical storage areas to avoid another UPL disaster” 28 November 2021

Daily Maverick: Ncube J “UPL is not trying to evade its legal responsibilities resulting from the arson attack on Cornubia warehouse” 3 December 2021

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

Bizcommunity: “Boreholes, mobile drums may ease rural water crisis – NGO” 2 December 2021

Litigation: ConCourt to hear water rights case
“The government is heading to the Constitutional Court to appeal against a recent SCA finding that water usage right holders may transfer those rights in terms of the National Water Act. A Netwerk24 report notes the Department of Water & Sanitation has also appealed against the SCA’s finding that the trading in those rights is not illegal. The department issued a directive almost three years ago stating that the practice is illegal. AgriSA, which was involved in the case, said the appeal is not surprising given the fact that the SCA bench is also divided on the matter. ‘AgriSA is of the view that the ability to transfer water usage rights in terms of section 25 of the National Water Act is very necessary, especially for the irrigation agricultural sector,’ the organisation’s Janse Rabie said.” Full Netwerk24 report (subscription needed) Legalbrief 1 December 2021

Miscellaneous

EWN: Lindeque M “SAHRC: Those arguing against vaccine mandates have no legal leg to stand on” 29 November 2021

Daily Maverick: Erasmus D “Cele makes startling claims about Public Protector’s alleged links to July unrest instigator ‘Sphithiphithi Evaluator’” 3 December 2021

IOL: Petraki A “We’ve all heard the story: sustainable funds are in high demand – but why?” 4 December 2021

Bizcommunity: “South African companies spent R10.3 billion on CSI in 2021” 1 December 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

Open Global Rights: Léger T & Parry-Jones R “ “What does the right to a healthy environment mean for wildlife crime?” 11 November 2021

allAfrica: Kankhono B “Malawi: Lack of Sustainable Sources of Energy Fueling Deforestation” 2 December 2021

allAfrica: Perumal L et al “Africa’s Growing Road Network May Affect Ecosystems – We Reviewed the Evidence” 1 December 2021

allAfrica: Wanyoro C “Kenya: Drought Scuttles Conservation Efforts as Wild Animals Perish” 2 December 2021

The Conversation: Akindele OA “We found a rare insect at an unspoilt stream in Nigeria – sign of a need to explore and protect” 29 November 2021

Climate Change and Energy

Lexology DLA Piper: Carter J and Mensah K “Webinar recording: Africa Energy Futures – A Continent in Transition” 2 December 2021

Carbon Pulse: “Australian investor signs deal with developer for African carbon offsets” 2 December 2021

Extractives Baraza: Kitimo A “Kenya’s New Oil Terminal Ready for Test Run” 30 November 2021

Extractives Baraza: Musisi F “We’re Fast-Tracking Oil Pipeline Bill, Nankabirwa Tells Private Sector” [Uganda and Tanzania] 30 November 2021

Centre for Investigative Journalism: Lescij L “Former Minister Uncomfortably Close to Illegal Resale of Kangaroo Meat” [Lesotho] 3 December 2021

Bizcommunity: Mfula C “Zambia places sole petroleum refinery under care and maintenance” 29 November 2021

allAfrica: Goering L “Africa: Explainer – Is Climate Change Boosting Hunger Around the World?” 1 December 2021

Local government

ICLEI Rise Africa: Udoma-Ejorh O “Connecting compact communities to the city: could the 15-minute city concept be useful in Lagos?” 25 November 2021

Daily Maverick: Musango JK “As Africa undergoes massive urbanisation, local governments must plan for sustainable household energy transition” 1 December 2021

Mining

Extractives Baraza: “UAE Pledges $2bn to Ensure Nigeria Mining Sector Growth, Sustainability” 30 November 2021

Extractives Baraza: “Zimbabwe Govt Urged to Enforce Rights of Mineworkers on Chinese” 30 November 2021

Namibia Economist: Matthys D “Headspring Defends Drilling Operations at Stampriet” 22 November 2021 [Legalbrief Environmental 30 November 2021]

Bizcommunity: Bousso R “Shell eyes return to Libya with oil, gas, solar investments” 1 December 2021

Bizcommunity: Felix B and McAllister E “Ending gas financing for Africa will be a fatal blow, says Senegal” 30 November 2021

Water, oceans, waste and chemicals

allAfrica: Anami L “East Africa: Region Bans Dumping of Electronic Waste, Calls for Recycling” 29 November 2021

Miscellaneous

allAfrica: Okumu W “Kenya: Sweet Deals for Kenya’s Sugar Smugglers” 29 November 2021

allAfrica: “Tunisia: TSE, CMF and KAS Launch 1st Environmental, Social and Governance Reporting Guide” 3 December 2021

International

Biodiversity, Protected Areas, and Culture

EU Forest Crime Initiative as well as their partners including INTERPOL, Client Earth, WWF, and the EU Internal Security Fund

On June 1-2, 2021, the EU Forest Crime Initiative organized an online EU civil society workshop titled, Joining forces against illegal timber. The group recently released a report as well as video highlights and an informational film. If you have any questions, please feel free to reach out to Katharina Lang, project manager of forest crime at WWF, at [INECE email 30 November 2021]

IISD ENB: 57th Session of the International Tropical Timber Council | 29 November – 3 December 2021 | Online

PEW: Galland G “To Curtail Illegal Fishing, Atlantic Ocean Tuna Managers Should Make It Harder to Hide” 10 November 2021

Los Angeles Times: Colicchio T “Op-Ed: That seafood on your plate may have been caught illegally. How a new law could change that” 8 November 2021

Lexology: “European Commission introduces a draft law seeking to ban imports and exports of commodities from regions at risk of deforestation” 30 November 2021

IISD SDG Knowledge Hub: “Draft Agreement on Fisheries Subsidies Goes to Ministers” 29 November 2021

IISD SDG Knowledge Hub: “FAO Launches Trainings on National Forest Inventories” 29 November 2021

IISD ENB: International Treaty on Plant Genetic Resources for Food and Agriculture – ITPGRFA | 1st Special Session of the ITPGRFA Governing Body | 7–8 December 2021 | Online

DW: Silk J “Hippos with runny noses test positive for COVID-19 at Belgian zoo” 4 December 2021

The Guardian: Cecco L “‘No easy fix’: polar bear capital of the world turns to electric buggies to save the bears” [Canada] 3 September 2021

The Independent: Webb S “A sombre finale: Birdsong is dying away in Europe and North America” 3 December 2021

The Independent: Cockburn H “Killer whales finding new hunting opportunities in melting Arctic Ocean” 3 December 2021

Climate Change and Energy

Daily Maverick: Schoones I “Cows and cars should not be conflated in climate change debates” 28 November 2021

Lexology: “Hydrogen Roadmap positions Alberta well against other jurisdictions” [Canada] 30 November 2021

Lexology: “Proposal to amend European Emission Trading Scheme (ETS) in context of Fit-for-55” [EU/Netherlands] 29 November 2021

Lexology: “(Projects & politics) Movements in politics and legislation as the States and Territories race to embrace clean energy transition opportunities” 30 November 2021

Wired:  Niler E “How ‘Green’ Are Wood Pellets as a Fuel Source?”18 November 2021

Carbon Pulse: “FEATURE: Climate finance, not offsets, increasingly seen as a nature-based solution as critics persist” 3 December 2021

Clean Energy Wire: Nijhuis C “New govt’s renewables expansion plans could double Germany’s CO2 reduction by 2030 – report” 3 December 2021

Global News: Rabson M “Canada’s new climate plan delayed, won’t be ready until March: minister” 3 December 2021

Recharge: Lee A “Total Eren to tap ‘world’s best onshore wind’ for 10GW Chile green hydrogen plant” 2 December 2021

Lexology: “The role of derivatives in environmental protection” 2 December 2021

Carbon Pulse: “EU nations remain split over need to meddle in energy, CO2 markets” 2 December 2021

Carbon Pulse: “Uncertain legal nature of voluntary carbon credits holding back market -financial trade body” 2 December 2021

Sydney Morning Herald: “WA government sets sights on 2030 emissions target – starting with Synergy” 2 December 2021

The Japan Times: “Japan backs oil and gas even after COP26 climate talks” 2 December 2021

PLEnglish: “Paraguayan bank opens credit line for electrical vehicles” 4 December 2021

Climate Home News: “‘Subversion and treason’: Australian minister attacks independent climate body” 1 December 2021

Extractives Baraza: “Green Transition Will Be Less Painful If We Avoid Repeating 1970s Western Policy Errors in the Oil Market” [Russia] 30 November 2021

Eurostat: “Eurostat releases for the first time estimates of quarterly EU greenhouse gas emissions” 29 November 2021

Bizcommunity: “PR companies’ role in US climate change politics highlighted” 3 December 2021

Mining Weekly: Iannucci E “Three new hydrogen clusters identified” 3 December 2021

Reuters: Kelly S and Renshaw J “U.S. EPA to propose expanding credit eligibility under biofuel program –sources” 3 December 2021

Euractiv: Visscher M and Tripathi M “Europe must support nuclear energy” 3 December 2021

Environmental Enforcement

Yahoo!News: Hurley T “Maui ends legal fight over pollution” 29 November 2021

Lexology: “Uitgelichte ontwikkelingen in het milieurecht 2020/2021” [Developments in environmental law 2020/2021] [Netherlands] 11 November 2021

Lexology: “Public Decision Making Newsletter – Spring 2021” [New Zealand] 30 November 2021

The Jurist: Beres LR “Natural Law and the United States Constitution: Still Vital Connections” 3 December 2021

The Guardian: McKie R “Environmental activists challenge ‘unlawful’ UK fossil fuel plan in high court” 3 December 2021

Local government

Marin Independent Journal: Halstead R “Stinson Beach home project tests coastal development rules” 29 November 2021

CitiesWithNature: “New York City becomes 200th city to join global citieswithnature initiative” 1 December 2021

ICLEI CityTalk: Yiqian Zhang “The road to healthier and climate neutral cities” 14 October 2021

ICLEI CityTalk: Raj H “Decarbonizing transport: Powering vehicles with renewable energy is the way forward” 25 November 2021

ICLEI Sustainable Mobility: “Localized action plans for low-carbon urban freight in Latin America & Asian Cities” 18 November 2021

ICLEI: “Key findings now available for Google Environmental Insights Explorer Transport Assessment” 11 November 2021

Business Mirror: “QC supports bike use in push for safer, greener transport” 22 November 2021

IISD SDG Knowledge Hub: “City of London Pilots Tool for Carbon Footprint of Food System” 29 November 2021

Euractiv: Kurmayer NJ “EU to start measuring ‘embodied’ carbon emissions from buildings” 30 November 2021

Mining

Lexology: “Social Licence and the Rule of Law” 29 November 2021

Lexology: “The role of critical minerals in the energy transition: A Canadian Perspective (part 5)” 30 November 2021

Lexology: “United States Seeking Critical Minerals Supply Chain Solutions – Funding Grants, Providing Loan Guarantees, Reducing Regulation, and Streamlining Permitting” 30 November 2021

Lexology: “Essential Tips for a Successful Oil and Gas Mediation” [USA] 1 December 2021

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

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

Reuters: Bousso R and Nasralla S“Shell scraps plans to develop Cambo North Sea oilfield” 3 December 2021

PLEnglish: “Mining transnational calls off copper production in Peru” 4 December 2021

Nasdaq: “Brazil’s Vale tests biochar in pellet production in move to cut emissions” 2 December 2021

Daily Maverick: Stoddard E “Chilean regulator launches sanctions proceedings against Gold Fields over botched chinchilla relocation” 1 December 2021

Extractives Baraza: “U.S. Natural Gas Sinks, On Track for Worst Month in Three Years” 30 November 2021

Extractives Baraza: “Gold Industry Has a Supporting Role to Play as World Still in a ‘Fragile Place’ – WGC” 30 November 2021

Extractives Baraza: “China Is Mining Much More Coal Again and That’s Boosting Its Factories” 30 November 2021

The Guardian: Green G “Frog back from the dead helps fight plans for mine in Ecuador” 23 November 2021 [Legalbrief Environmental 30 November 2021]

Lexology: Practice Guide Mining 2021

Bizcommunity: “New report: WGC members contributed billions to local economies in 2020” 30 November 2021

The Guardian: Morton A “Woodside’s new Western Australian gas project ‘a bet against’ global 1.5C goal, report finds” 3 December 2021

The Guardian: Greenfield P “Plans to mine Ecuador forest violate rights of nature, court rules” 2 December 2021

The Guardian: Flin G et al “Lithium mine pits electric cars against sacred Indigenous land – video” 2 December 2021

Mining Weekly: “As Freeport converts mining trucks to green power, costs unclear” 3 December 2021

Reuters: Rosen Y “Alaska agency commits to more spending on Arctic oil plans” 3 December 2021

Water, Oceans, Waste and Chemicals

Lexology: “Substantial PFAS Funding in Infrastructure Act Flows Towards Protecting Water and Wastewater Systems” [USA] 1 December 2021

Lexology: “Valuing Water Rights in Eminent Domain’ [USA] 30 November 2021

Lexology: “EPA Seeks to Avoid Second Trip to the Supreme Court with the Sacketts” [USA] 30 November 2021

Lexology: “California Law Requires Plastic Beverage Containers to Include Recycled Plastics” [USA] 30 November 2021

IISD SDG Knowledge Hub: “UN Officials Say SDG 6 Progress Must Quadruple” 29 November 2021

IISD SDG Knowledge Hub: “Can Mushrooms Eliminate Plastic?” 29 November 2021

PLEnglish: “Panama Canal to encourage sustainable shipping” 1 December 2021

Bizcommunity: “Tools of the water stewardship trade – a global perspective” 3 December 2021

The Guardian: Dacre K “Fashion must stick to climate pledges to prevent waste crisis, says UK economist” 3 December 2021

The Guardian: “California water districts to get 0% of requested supplies in unprecedented decision” 2 December 2021

The Guardian: McVeigh K “Nurdles: the worst toxic waste you’ve probably never heard of” 29 December 2021

The Conversation: Goldin J “South African groundwater project shows the power of citizen science” 29 November 2021

Reuters: Brock J and Kapoor K “World can’t recycle its way out of plastic crisis – experts” 3 December 2021

Reuters: Arora N “UN plans to drastically expand plastic waste management in India” 3 December 2021

DW: “Indonesia: Groundwater exploitation threatens livelihoods” 3 December 2021

DW: “Kashmir: Vanishing wetlands threaten wildlife, livelihoods” 2 December 2021

“Pure water – Offset developer South Pole has teamed up with Australian non-profit Abundant Water, the two announced Wednesday. The plan is to work together on Abundant’s clean water projects in Laos and Timor-Leste, which reduce the need for firewood to boil water, which in turn eases deforestation rates. The parties estimate the projects avoid some 18,500 tCO2e worth of emissions annually, which South Pole will help turn into carbon credit assets.” [CP Daily: Thursday December 2, 2021]

Miscellaneous

IISD ENB: Planet Budapest 2021 Sustainability Expo and Summit | 30 November – 2 December 2021 | Budapest, Hungary

IISD ENB: UN Convention to Combat Desertification – UNCCD | 2nd Extraordinary Session of the Conference of the Parties to the UNCCD | 6–9 December 2021 | Online

IISD SDG: “WTO Postpones MC12 Amid COVID-19 Concerns” 29 November 2021

IISD SDG Knowledge Hub: “OECD Study Identifies Six Actions to Achieve SDG Results” 29 November 2021

IISD SDG Knowledge Hub: “Reports Explore Shifting Roles of Stakeholders, Auditors in SDG Follow-up” 29 November 2021 – also see here and  here – South Africa report here

IISD SDG Knowledge Hub: “Stronger Together: Converging Women’s Cooperatives and Agroecology to Create Gender-Transformative Food Systems” 29 November 2021

Agriland: Kellett W “Morrisons to launch carbon neutral eggs in 2022” 2 December 2021

The Conversation: Rud JP et al “Are small farms the solution to food insecurity? Uganda study shows policies can get it wrong” 1 December 2021

Reuters: “China releases five-year green development plan for industrial sectors” 3 December 2021

Conferences, Workshops, Study Opportunities

National

International

Africa Energy Indaba: The Future of Renewable Energy in Africa
Date: 1-3 March 2022
More information

World Resource Institute: How sustainability indicators can drive better decision-making: Lessons from Argentina and Brazil Webinar
Date: 9 December, 8:00 EST
More information

19th “EUROPE-INBO” International Conference for the Implementation of the European Water Directives
Dates: 8 December 2021 – 10 December 2021 | Virtual
More information

Webinar Asian Development Bank: Ecocide as a New International Crime
Date: 9 December 2021 | Virtual
More information

American Bar Association: National Environmental Enforcement Conference
Dates: 14 December 2021 – 15 December 2021 | Virtual
More information

Sabin Colloquium on Innovative Environmental Law Scholarship
Columbia Law School
May 26-27, 2022 (via Zoom)
This 10th 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 26 and 27) and to read and comment on each others’ proposals. In view of the desire to practice what we preach by keeping our carbon footprints low (as well as the continuing uncertainty over COVID-19), the Colloquium will be conducted virtually via Zoom.

Environment, Energy and Natural Resources (EENR) Center at the University of Houston Law Center:  Professor Robert Percival on are Democracies Capable of Responding Effectively to the Climate Crisis?
Date: December 8, 2021, at 9:00am U.S. Central Time
The registration link is here: Are Democracies Capable of Responding Effectively to the Climate Crisis?

Environment, Energy and Natural Resources (EENR) Center at the University of Houston Law Center:  Tibisay Morgandi on Energy Security in International law
Date: 15 December 2021, 10-11 am ET
The registration link is here: Energy Security in International Law

The Centre for Environmental Law, Macquarie University and the New Zealand Centre for Environmental Law, the University of Auckland and the Global Network for Human Rights and the Environment: 8^th Frontiers in Environmental Law Colloquium Environmental Law and Responsibilities in the Anthropocene
Dates: 9 – 11 February 2022
The annual Frontiers in Environmental Law Colloquium provides a forum for environmental law academics and practitioners to share and discuss their experiences, research, and teaching practices. Through a supportive forum, we aim to:

• Foster a supportive and inclusive network of like-minded individuals;
• Explore innovative environmental law ideas and insights within and beyond our discipline;
• Contribute meaningfully to the future of environmental law in our region;
• Share approaches to teaching and learning in environmental law; and
• Assist environmental law academics to actively build their careers.

The Anthropocene epoch confirms that humanity is the primary driver of planetary change. The 8th Frontiers Colloquium encourages participants to engage with a possible new frontier for environmental law: to consider what it might mean to shift the approach of environmental law from ‘what we can get out of nature’ to ‘what we can and must do for it.’  We call for papers which contemplate how and whether environmental law, broadly defined, sufficiently engages with responsibility in the context of unprecedented global environmental change. We welcome papers across a range of environment related fields (biodiversity, climate, marine, planning, health, equity) that explore topics such as (but not limited to):

• Rights and responsibility
• Human-nature relationships
• Decolonisation and First Law/Indigenous law
• Intergenerational responsibility, youth and the environment
• Trusteeship of the Earth
• Collective and shared responsibility
• Interdisciplinary scholarship and practice
• Pacific ecosystems and climate vulnerability
• Proactive corporate conduct
• Pedagogies of responsibility

Abstract submission
We invite proposals for research presentations on any of the above themes, and/or in relation to teaching environmental law. Abstracts should be no more than 300 words and submitted using the attached abstract proposal form (in Annexure to this Newsletter). The due date for abstracts is the 15 January 2022. Abstracts should be sent to and Abstracts will be peer-reviewed on a rolling basis, so early submissions are encouraged.
Program
A detailed program will be available in late January. The Colloquium will be held online. The Colloquium will be conducted in an interactive, workshop style format, involving brief presentations, panel discussions, and Q&A.
Program Committee
The Program Committee for the 8^th Frontiers in Environmental Law Colloquium is Paul Govind, Dr Michelle Lim, Associate Professor Nengye Liu and Associate Professor Caroline Foster.
The abstract proposal form is attached in the Annexure to this newsletter.

A Public Conversation On Eliminating Lead Poisoning in 2022
Date: 9 December 12:30 – 4:30
On Zoom and in BU GSU Terrace Room 239, 775 Commonwealth Ave, Boston, MA.
A gathering based on the concept that lead poisoning does not belong in a civilized society, devoted to the question: What do we do, now, to achieve the elimination of the unnecessary plague of lead poisoning?  That the harm is preventable is well understood.  How do we put that principle into practice?  The work of recent scholarship has shown the value of relevant investments, but this has only begun to result in political action.  The problem presents itself in a spectrum of sources, and we have only partially acted to prevent lead from continuing to enter our environment.
Registration: After registering, you will receive a confirmation email containing information about joining the meeting.

Editors in Chief of the “Yearbook of International Environmental Law” cordially invite you to a(nother) webinar on recent developments in climate change
Date: 6 December 2021, 16:00-18:00 CET, for a round table discussion on “The road from Glasgow: lessons learned and challenges ahead”.
Follow the zoom link.

20th Annual Alfred B. DelBello Land Use and Sustainable Development Conference! Rx for Land Use Reform: Meeting the Challenge in a Time of Crisis
Date: 6-9 December 2021
The viral pandemic has challenged the land use system to create safe sites and buildings to protect the public health and stabilize neighborhoods. Furthermore, the pandemic has exacerbated three other dynamic forces that equally threaten public health: climate change and resiliency, housing insecurity, and racial discrimination. The conference will explore how to meet the growing challenge of these “pandemics” through land use policy and regulation innovation.
For more information please visit the Conference Page. Register now! 

IAIA: Free webinar on digital impact assessment
Date: 8 December 2021 12:00 GMT London
Registration and more information

European Climate Summit
Dates: 7-8 December 2021
Time: December 7, 2:00 PM – December 8, 2:30 PM (SAST)
More information and registration

Kenya Innovation Week Virtual Event
Date: 08 December 2021
Time: 14:00pm to 15:00pm [1 hour session, with 3 short 15 minutes presentations]
Presentation of the Eureka Network, history, numbers and current status; Presentation of the globalstars programme with past success cases and best practices; Presentation of the best practices of South Africa in Eureka; Followed by 15 minutes Q&A
Contact Person: Joao Bentes de Jesus –
Registration

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

Conservation Impact Director GVI: Cape Town/Remote
More information

Associate Community-Based Protection Officer  United Nations High Commissioner for Refugees (UNHCR)
More information

Junior Attorney, Bryanston Johannesburg
More information

Candidate Attorney – Sandton, Gauteng
More information

RM Solutions MBA Senior Academic Durban, KwaZulu-Natal (also law)
More information

Bruno Simao Attorneys Candidate Attorney
More information

Seriti Coal: Legal Specialist; D Upper; HO113/21GS
More information

Amasiko Trading Enterprise Sector Specialist (ICT, Water, Energy and Transport) Midrand, Gauteng
Closing date: 31 December 2021
More information

UNEP: Ecosystem Management Coordinator, P4
Closing date: 17 December 2021 – more information

International

Research Fellow in Law of the Sea – University of New South Wales School of Public and Global Law

Professor of Public International Law – Vienna School of International Studies

Assistant Professor in Sociology of Engaged Research with Black Communities – York University Department of Sociology

Research Assistant in Water Technology and Policy – University of Hong Kong Faculty of Social Sciences

Postdoctoral Fellow in Humanities and Social Sciences – University of Hong Kong Hong Kong Institute for the Humanities and Social Sciences

Postdoctoral Fellowship on Innovation and Sustainability Transitions -University of Oslo Centre for Technology, Innovation and Culture Faculty of Social Sciences

PhD Position in Sustainability Science – Lund University Lund University Centre for Sustainability Studies

Professorship of Penal Theory and Ethics – University of Cambridge Institute of Criminology

Assistant Professor of Climate Studies – Vanderbilt University College of Arts and Science

Assistant Professor in Environmental Justice – University of California Santa Barbara Department of Political Science

Elon University Greensboro, North Carolina – Dean of the School of Law

For more information, please visit http://www.wittkieffer.com/

Application Procedure: WittKieffer is assisting Elon in this search. Application materials can be submitted through WittKieffer’s candidate portal using the buttons below or by sending to the email below. Review of candidate materials will continue until the position is filled, with priority given to applications received by January 14, 2022. Confidential nominations and inquiries can be directed to Lucy Leske, Werner Boel, LL.M. and Ashlee Winters at

Victoria University of Wellington – Dean, Faculty of Law

For more information about the University, please visit https://www.wgtn.ac.nz/
Application Procedure: For a confidential discussion, please contact Kirsten Henderson (New Zealand) on 0800 605 010 / or Andrew Norton (Melbourne) on 1300 347 437 /
To apply, please go to https://fisherleadership.com/ and click ‘APPLY ONLINE’ using reference VUWdfl1021.
Applications close on Friday, 14 January 2022.

United Nations: Assistant Programme Management Officer, NOA

Closing date: 9 December 2021

More information

Forest Carbon Analyst, Finite Carbon – Flexible Location

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ANNEXURE A

8th Frontiers in Environmental Law Colloquium, 9-11 February 2022 abstract proposal form
Email completed abstract proposals to and with the subject ‘Frontiers 8 Proposal’ by 15 January 2022.

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Featured Image: Photo by Johan Nel

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