ELA Newsletter 2021-47

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12 December 2021

Legislation

Bills

Criminal Law (Forensic Procedures) Amendment Bill, 2021, notice of intention to introduce and explanatory summary published (GenN 708 in GG 45616 of 10 December 2021)

Bills Before Parliament (as of 3 December 2021)

  • Taxation Laws Amendment Bill (B22-2021).
  • Tax Administration Laws Amendment Bill (B23-2021).
  • Gas Amendment Bill (B9-2021).
  • Preservation and Development of Agricultural Land Bill (B8-2021).
  • Railway Safety Bill (B7-2021).
  • Disaster Management Amendment Bill (B2-2021)
  • Animals Protection Amendment Bill (B1-2021)
  • Economic Regulation of Transport Bill (B1-2020)
  • National Road Traffic Amendment Bill (B7-2020)
  • Employment Equity Amendment Bill (B-14-2020)
  • Compensation for Occupational Injuries and Disease Amendment Bill (B21-2020)
  • Independent Electricity Management Operator Bill (B14-2019)
  • National Health Insurance Bill (B11 – 2019)
  • National Health Amendment Bill (B29 – 2018)
  • National Environmental Management Laws Amendment Bill (B12-2017)
  • National Forests Amendment Bill (B11-2016)
  • National Land Transport Amendment Bill (B7-2016)
  • Civil Aviation Amendment Bill (B44-2018)
  • Local Government: Municipal Systems Amendment Bill (B2-2018)

[Source Imbewu November 2021 SHE Legislation Update]

Directions

Disaster Management Act 57 of 2002 – Gen Notice 707 in GG 45611 of 9 December 2021 – Directions regarding the reopening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, and Provincial Departments of Education, and all schools in the Republic of South Africa published in Gen Notice 42 in GG 44154 of 12 February 2021 amended to provide guidelines to officials, educators and administration staff who are marking examination scripts and performing other functions related to the finalisation of the results of May/June and October/November examinations and the release thereof

Notices

National Environmental Management Act 107 of 1998 – GN 1572 in GG 45605 of 7 December 2021 – Consultation on the Amendment of the Identification of section 24(5)(a) and (b) of NEMA of the procedure to be followed in applying for environmental authorisations for large scale electricity transmission and distribution activities in terms of section 24(2)(a) of NEMA, when occurring in geographical areas of strategic importance – for comment

Conservation of Agricultural Resources Act 43 of 1983 – GN 1580 in GG 45616 of 10 December 2021 – Revised soil conservation tariffs

Compensation for Occupational Injuries and Diseases Act 130 of 1993 – GN 1575 in GG 45614 of 9 December 2021 – Reminder to employers to submit all outstanding return of earnings (ROEs)

Special Investigating Units and Special Tribunals Act 74 of 1996 – Proc R45 in GG 45617 of 10 December 2021 – Publication of referral of matters to existing special investigating unit in respect of the affairs of Alexkor SOC Limited

National Heritage Resources Act 25 of 1999 – GN 1571 in GG 45602 of 3 December 2021 – South African Heritage Resources Agency: Declaration of Ten (10) Kramats in the ‘Circle of Tombs’ situated at various locations around the Cape Peninsula, Western Cape as National Heritage Sites

South African Geographical Names Council Act 118 of 1998 – GN 1592 in GG 45618 of 10 December 2021 – Approval of official geographic names

Public Finance Management Act 1 of 1999 – GN 1593 in GG 45623 of 10 December 2021 – Borrowing powers of the Council for Scientific and Industrial Research (CSIR) listed under Schedule 3 Part A of the Act

Consumer Protection Act 68 of 2008 – National Consumer Commission – GN 1584 in GG 45616 of 10 December 2021 – Draft guidelines on accreditation of consumer protection groups – for comment

Provinces

Eastern Cape

Constitution of the Republic of South Africa, 1996, Local Government: Municipal Systems Act 32 of 2000 and Spatial Planning and Land Use Management Act 16 of 2013 – LAN 309 in PG 4657 of 3 December 2021 – Ntabankulu Local Municipality – By-law on Spatial Planning and Land Use Management: Final Draft – November 2015

Constitution of the Republic of South Africa, 1996, Local Government: Municipal Systems Act 32 of 2000 and Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 38 in PG 4659 of 6 December 2021 – Walter Sisulu Local Municipality: By-law on Spatial Planning and Land Use Management

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 183 in PG 4659 of 6 December 2021 – Buffalo City Metropolitan Municipality – By-laws on the Arts, Culture and Heritage Facilities and Events By-law

Free State

Public Finance Management Act 1 of 1999 and Division of Revenue Act 9 of 2021 – PN 26 in PG 34 of 12 July 2021 – Implementation of approved catalytic projects, informal settlements upgrading programmes, accreditations support and land acquisition in the Free State

Local Government: Municipal Finance Management Act 56 of 2003 – PN 35 in PG 39 of 23 July 2021 – Letsemeng Local Municipality – 2021/2022 Budget Tariffs together with the 2021/2022 Integrated Development Plan

Public Finance Management Act 1 of 1999 and Division of Revenue Act 9 of 2021 – PN 36 in PG 40 of 23 July 2021 – Mangaung Metropolitan Municipality – Planned expenditure

Limpopo

National Environmental Management: Protected Areas Act 57 of 2003 – PN 160 in PG 3221 of 10 December 2021 – Intention to declare respective land parcels as a nature reserve – Balule Nature Reserve – for comment

Western Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21787 in PG 8527 of 9 December 2021 – City of Cape Town Metropolitan Municipality – Animal Keeping By-Law, 2021

National Heritage Resources Act 25 of 1999 – PN 147 in PG 8528 of 10 December 2021 – Heritage Western Cape: Declaration of a Provincial Heritage Site – ‘Kaaimans River Railway Bridge’, Wilderness, George

National Heritage Resources Act 25 of 1999 – PN 148 in PG 8528 of 10 December 2021 – Heritage Western Cape: Declaration of a Provincial Heritage Site: Portion of Thornton Road between Klipfontein and Repulse Roads in Athlone, Cape Town

National Heritage Resources Act 25 of 1999: Heritage Western Cape – PN 149 in PG 8528 of 10 December 2021 – Exemptions granted in respect of the Provincial Heritage Site, being a portion of Thornton Road between Klipfontein and Repulse Roads, Athlone, Cape Town

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CASES

National

Border Deep Sea Angling Association and Others v Minister of Mineral Resources and Energy and Others Case No: 3865/2021 Date heard: 30 November 2021 Date delivered: 03 December 2021 Eastern Cape High Court [decision link in e-Newsletter]
Application for interdict – seismic survey – Wild Coast – exploration right – Mineral and Petroleum Resources Development Act

Louis Gerhadus Nel v Government of South Africa First and Joseph Jubeni Case Number CASE NO.:3861/2016 Matter heard: 30/09/2021 Judgment delivered: 16/11/2021 Eastern Cape High Court
“[1] The plaintiff’s claim is for damages he suffered as a result of two veldfires, which originated on the first defendant’s farm and spread onto his farm. The fires occurred on 28 September 2013 (the first fire) and 3 August 2014 (the second fire), respectively. Issues of liability and quantum have been separated, and at this stage only the former issue falls for decision.”

Business Venture Investments 900 (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (20/28475) [2021] ZAGPJHC 544 (13 October 2021)
“Summary: Application to compel reasonable particulars in terms of section 10(7) read with section 10 (8) of the Expropriation Act. The Municipality expropriating a farm and offering Nil compensation to the owner. Owner of the farm requesting reasonable particulars in terms of the Act after its offer was rejected by the Municipality. The request for reasonable particulars intended to assist the owner to assess whether to accept the offer made by the Municipality. Provisions of section 10 not applicable once action proceedings instituted in terms of section 14 of the Act.”

International

Center for Community Action v. Federal Aviation Administration, No. 20-70272 (9th Cir. Nov. 18, 2021)
“The Ninth Circuit Court of Appeals denied two petitions seeking review of the Federal Aviation Administration’s (FAA’s) environmental review for the construction and operation of an air cargo facility at the San Bernardino International Airport in southern California. One petition was filed by Center for Community Action and Environmental Justice, Sierra Club, Teamsters Local 1932, and two individuals. The other petition was filed by the State of California. The majority rejected the petitioners’ contentions that the FAA’s geographical boundaries for study areas resulted in a failure to “appropriately capture the true environmental impacts of the project” such as air quality and socioeconomic impacts. The majority also was not persuaded that the analysis of cumulative impacts was deficient, that the FAA’s calculations of truck trips associated with the project were erroneous, or that the FAA’s review under the National Environmental Policy Act (NEPA) was required to “meaningfully address” issued raised in the California Environmental Quality Act (CEQA) review, which California argued had found that the project could result in significant impacts on air quality, greenhouse gas emissions, and noise. With respect to greenhouse gases, the majority found that California had not refuted the NEPA environmental assessment’s rationale for finding no significant impact, which noted that the project’s greenhouse gas emissions would “comprise … less than 1 percent” of U.S. and global emissions. The majority said the rationale was not refuted by the CEQA analysis’s “cursory assumption” that a significant impact would result because the South Coast Air Quality Management District regional emissions thresholds would be exceeded, and that California had not articulated what impact might result from emissions exceeding this threshold. In addition, the Ninth Circuit rejected the petitioners’ assertion that the FAA failed to consider the project’s ability to meet state and federal air standards, including California’s greenhouse gas emission standards. The majority noted that the CEQA analysis had itself found no conflict with state plans, policies, or regulations aimed at reducing greenhouse gas emissions. Judge Rawlinson dissented, writing that the case “reeks of environmental racism,” and that the FAA’s determination that the project would have no significant environmental impact “does not pass muster under NEPA.” She wrote that “[o]ur children and grandchildren are looking to us to stem this tide of pollution that is contributing to increasingly disastrous climate change” and that “[t]his emissions-spewing facility that disproportionately impacts communities of color and was not properly vetted is a good place to start.” [Sabin Center Newsletter (December 2021)]

Truck Trailer Manufacturers Association v. EPA, No. 16-1430 (D.C. Cir. Nov. 12, 2021)
“In a challenge to 2016 greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles brought by the Truck Trailer Manufacturers Association, the D.C. Circuit Court of Appeals held that neither the U.S. Environmental Protection Agency (EPA) nor the National Highway Traffic Safety Administration (NHTSA) had authority to adopt standards that apply to trailers. With respect to the greenhouse gas emissions standards, the court concluded that trailers are not “motor vehicles” under Section 202 of the Clean Air Act because trailers are not “self-propelled.” EPA therefore could not rely on Section 202(a)(1) to set emission standards for trailers and require trailer manufacturers to comply with the standards. With respect to the fuel efficiency standards, the court rejected NHTSA’s argument that the term “vehicles” in the Energy Independence and Security Act of 2007 provision authorizing NHTSA to set fuel economy standards for “commercial medium- and heavy-duty on-highway vehicles” could reasonably be interpreted to include trailers. The majority determined that “[b]ecause a trailer uses no fuel, it doesn’t have fuel economy” and that in the statutory context, “nothing is a vehicle unless it has fuel economy.” Judge Millett dissented from the majority’s conclusion that NHTSA lacked authority to issue fuel economy regulations that apply to commercial trailers. She wrote that NHTSA “acted well within its delegated regulatory authority in establishing fuel efficiency requirements for the trailer portion of tractor-trailers that regularly travel the Nation’s highways.” [Sabin Center Newsletter (December 2021)]

Laboratório do Observatório do Clima v. Minister of Environment and Brazil (Brazil, 7th Federal Environmental and Agrarian Court of the Judiciary Section of Amazonas)
“On October 26, 2021, Observatório do Clima (OC), a network of 71 civil society organizations, filed a class action against the Environmental Ministry and Brazilian government asking that the National Climate Change Policy be updated to ensure the reduction of greenhouse gas emissions by the Brazilian government consistent with a 1.5oC global warming scenario. Plaintiffs argue that, as a signatory to the Paris Agreement, Brazil has committed to a series of duties to mitigate climate change. Along with the existing legal climate framework in Brazil (i.e., the Law on Climate Change Policy and the National Climate Change Plan), this entails a duty from the Brazilian government to (i) take the necessary measures to predict, avoid, and minimize the identified causes of climate change originating in the national territory; (ii) reduce anthropogenic GHG emissions in relation to their different sources; (iii) make the instruments of the national policy effective; (iv) present successive phases of the national plan; and (v) strive for the maximum possible ambition in reducing GHGs. On December 2020, the government presented its updated Nationally Determined Contributions to the United Nations Framework Convention on Climate Change. The new NDC used the same percentage of emissions reductions, but altered the baseline quantity for calculating them, effectively making the second NDC less ambitious than the first. Additionally, Brazil had committed to reducing deforestation by 80% by 2030 in 2015—this provision was deleted from the updated NDC. The plaintiffs assert that the updated NDC effectively violates the Paris Agreement and the national legal framework and the principle of non-regression. [Sabin Center Newsletter (December 2021)]

Greenpeace v. Instituto Nacional de Ecología y Cambio Climático and Others (Mexico, Eleventh Collegiate Court of the First Circuit in Administrative Matters)
On March 9, 2021, Greenpeace filed an amparo, an emergency proceeding, against several government authorities in Mexico, challenging the country’s revised Nationally Determined Contributions (NDC). The NGO argued that the NDC failed to respect the principle of non-regression in human rights law. In its original 2015 NDC, Mexico committed to a 22% reduction in greenhouse gas (GHG) emissions by 2030 as compared to 2000 levels. In the revised NDC presented in December 2020, Mexico raised the baseline against which the GHG emission reduction is measured. Greenpeace argued that the updated NDC would effectively cause the additional emission of 14 million tons of CO2e; (ii) eliminate the peak of GHG emissions stipulated for 2026; (iii) rule out the 50% reduction target for 2050, which would nullify the mitigation horizon in the medium and long term. Greenpeace asked the court to suspend the effects of the 2020 NDC. On September 21, 2021, the Eleventh Collegiate Court of the First Circuit in Administrative Matters decided to suspend Mexico’s 2020 NDC. The court considered Mexico’s mitigation commitments to be regressive, in violation of the law. In its place, Mexico’s 2015 commitments on mitigation and adaptation for the 2020-2030 period apply. [Sabin Center Newsletter (December 2021)]

Abrahams v. Commonwealth Bank of Australia (Federal Court of Australia)
“On August 26, 2021, shareholders in the Commonwealth Bank of Australia (CBA), filed an application in the Federal Court of Australia, seeking access to internal documents under the Corporations Act 2001 (Cth). The documents relate to the bank’s reported involvement with several infrastructure projects and their alignment with the goals of the Paris Agreement. On November 4, 2021, the Federal Court of Australia held a hearing to consider proposed consent orders that had been agreed by the parties in previous correspondence. In essence, the proposed consent orders allow the plaintiffs to inspect a limited scope of the documents sought at the beginning of the proceedings. On the basis of the limited admission and the evidence before the Court, the Court was satisfied that the plaintiffs met the good faith and proper purpose requirements and made the consent orders. CBA must now produce the relevant documents to the plaintiffs for inspection in two tranches on December 9, 2021 and February 10, 2022. If the documents provided by CBA under these orders do not sufficiently alleviate the plaintiffs’ concerns as set out in their application, the plaintiffs have reserved their right to apply to the Court for production of the balance of documents sought in the original application. The matter is listed for a further case management hearing on March 10, 2022.” [Sabin Center Newsletter (December 2021)]

VZW Klimaatzaak v. Kingdom of Belgium & Others (Brussels Court of First Instance)
“On November 17, 2021, Klimaatzaak appealed the judgment of the Brussels Court of First Instance that declined to issue an injunction ordering the government to set the specific emission reduction targets requested by the plaintiffs. The Court had found in June 2021 that the separation of powers doctrine limited the Court’s ability to set such targets and doing so would contravene legislative or administrative authority. The Court said that neither European nor international law required the specific reduction targets requested by the plaintiffs, and that the scientific report that they relied on, while scientifically meritorious, was not legally binding. The specific targets, therefore, were a matter for the legislative and executive bodies to decide. The Brussels Court of Appeal will review both the factual and the legal components of the case.” [find discussion here] [Sabin Center Newsletter (December 2021)]

Greenpeace v. United Kingdom (Scottish Court of Appeals)
“On October 7, 2021 a three-judge panel from the Scottish Court of Sessions dismissed the claim from Greenpeace against the UK government for awarding BP a permit to drill in the North Sea. The Court confirmed that the matters under consideration, including the issue of consumption emissions, could be considered on the merits by the Court despite previous proceedings. Nonetheless, the Court dismissed the contention that the Secretary of State should have considered the consumption-based emissions associated with the project. The Court concluded that there was no duty to consider consumption-based emissions from the project as part of the environmental impact assessment of the project, stating that the question of whether the development of new oil and gas projects should cease is a political and not a legal one.” [find discussion here] [Sabin Center Newsletter (December 2021)]

Publications

National

Corruption Watch “Daring to Act: Perceptions on Whistle-blowing in South Africa” (Report 9 December 2021)

Karolia-Hussain F and Fourie E “The Relevance and Impact of South African Labour Law in the Mining Sector: A Fourth Industrial Revolution Perspective” 2021 42(3) Obiter https://doi.org/10.17159/obiter.v42i3.12896

Barrie G “The 1982 United Nations Law Of The Sea Convention: Unresolved Issues Remain” 2021 42(3) Obiter https://doi.org/10.17159/obiter.v42i3.12900

Lemine BJ “The Efficacy of Section 2(4)(l) of the National Environmental Management Act in the Context of Cooperative Environmental Governance” 2021 42(1) Obiter 162–174. https://doi.org/10.17159/obiter.v42i1.11064

Moyo CM “Book Review: Joel B Eisen Advanced Introduction to Law and Renewable Energy (2021)” 2021 138(4) South African Law Journal

Hoexter C and Penfold G Administrative Law in South Africa 3rd ed (Juta Cape Town 2021)

Department of Forestry, Fisheries and Environment “Annual Report 2020/21” (2021)

International

The Sentry “The Backchannel – State Capture and Bribery in Congo’s Deal of the Century” (Report November 2021)

Chancel L et al “World Inequality Report 2022” (World Inequality Lab 2021)

2021 39(4) Impact Assessment and Project Appraisal now available

Third, Call for papers: international climate litigation

The Review of European, Comparative and International Environmental Law (RECIEL) is inviting contributions to a special issue that would explore the prospects of international litigation on climate change. Abstracts can be sent to Benoit Mayer () and Harro van Asselt () by 31 January 2022. Authors will be informed about their inclusion in the special issue by 18 February 2022. The full papers (around 8,000 words, including footnotes) are due by 31 July 2022. For more information, please refer to the call for papers here.

Calo R, Coward C and West JD “How do you solve a problem like misinformation?” 2021 7(50) Science Advances DOI: 10.1126/sciadv.abn0481

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Daily Maverick: Evans J “Private game reserve bemoans lack of government support after four rhinos killed” 10 December 2021

Daily Maverick: Trethowan J “SOS: Save Our Scott — the Cape Peninsula baboon” 9 December 2021

Daily Maverick: Scheepers J and Stoddard E “South African companies ‘staggeringly unaware’ of need for biodiversity in their policies” 9 December 2021

Daily Maverick: Chapman Poulson Z, Rebelo A and Rebelo T “Science-based ecological restoration crucial to stemming biodiversity loss in Cape’s threatened lowland fynbos” 8 December 2021

Daily Maverick: Pinnock D “The welfare of South Africa’s wild animals is in the hopelessly wrong hands of the food police – this has to change urgently” 9 December 2021

Daily Maverick: Burns S “Livelihoods of KZN South Coast strelitzia seed pickers under threat” 6 December 2021

Daily Maverick: Carnie T “Ndumo Game Reserve: The complicated balancing act of subsistence farming and nature conservation in KwaZulu-Natal” 6 December 2021

Mail & Guardian: Phillips T “Lethal remedy: Concern over African trade in traditional Chinese medicine that contains threatened species” 5 December 2021

Mail & Guardian: Kahn Z “The tragic loss of seed culture” 9 December 2021

TimesLive: Mabuza E “Watch | Four suspected poachers arrested after chase in marine protected area” 11 December 2021

allAfrica: Truscott R “South Africa: How Space Is Being Used to Track South Africa’s Critically Endangered Ecosystem” 4 December 2021

Climate Change and Energy

eCNA: “Eskom wins tariff battle against Nersa” 6 December 2021

Lexology Covington & Burling LLP: Fontana L, Khumalo M and Dladla Y “Spotlight: renewable energy project development in South Africa” 11 August 2021

BusinessDay: Ensor L “Parliamentary committee to probe Karpowership contract” 8 December 2021

BusinessDay: Ash P “SA cannot afford Eskom ‘black-mail’, Nedlac told” 8 December 2021

Cape Talk: “Refilwe Moloto interviews Prof Sampson Mamphweli (Centre for Renewable and Sustainable Energy Studies, Stellenbosch University)

Business Day: Ensor L “Gas sector opposes more Nersa powers” 6 December 2021

GroundUp: Gilili C “Soweto residents shut down streets over two-week blackout – Diepkloof residents owe Eskom R96m” 8 December 2021

Daily Maverick: Scheepers J “JSE releases report aimed at guiding listed companies on sustainability and climate change disclosure” 9 December 2021

Mail & Guardian: Phillips T “Catastrophic climate change will affect the poorest – Climate commission” 9 December 2021

Fin24: “Ebrahim Harvey | Sabotage, mismanagement and factionalism: Anatomy of the Eskom crisis” 11 December 2021 [subscription needed]

BusinessLive: Gavaza M “DNG Energy launches R80bn natural gas project in SA – Liquefied natural gas is seen as an alternative to diesel and petrol power for vehicles” 5 December 2021

Bizcommunity: Milovanovic V “Legacy energy infrastructure: The hidden threat to our climate” 9 December 2021

Bizcommunity: Keylock K “Transforming the fuel sector of South Africa” 8 December 2021

eCNA: “Discrimination in townships for provision of electricity: report” 11 December 2021

Mining Weekly: Creamer T “Energy expert makes case for solar-wind-storage only IRP with game changing ‘superpower’” 10 December 2021

Mining Weekly: Creamer M “Just energy transition makes headlines” 9 December 2021

Mining Weekly: Bulbulia T “South Africa urged to move quickly to capitalise on battery storage value chain opportunities” 9 December 2021

Engineering News: Liedtke S “JSE releases sustainability, climate change disclosure guidelines” 9 December 2021 – Guidelines can be downloaded from this site

Environmental enforcement

Natural Justice: “Massive blow for the Wild Coast: Urgent interdict denied” 3 December 2021

GroundUp: Broughton T “New court case launched to stop Shell’s seismic survey on Wild Coast – Case due to be heard by same judge who ruled against activists last week” 6 December 2021

Daily Maverick: Le Roux J “A whale of a tale: The huge momentum shift in the story of two environmental campaigns against Shell — a decade apart” 9 December 2021

Daily Maverick: Carnie T “Environment minister Barbara Creecy must get involved in impact assessments involving the energy sector” 7 December 2021

Environmental: Change to energy sector authorisation procedures
The February 2018 environmental authorisation regulations for large-scale wind and solar photovoltaic energy development activities are being amended to correct an ‘omission’ from the application process. Gazetted yesterday for comment, once in force the revised regulations will exclude the developers responsible for these activities from the requirement to submit a route pre-negotiated with landowners as part of their environmental authorisation applications. Read full report in Legalbrief Policy Watch 8 December 2021

GroundUp: Mafata M “Government isn’t doing enough to protect and support whistleblowers, report finds” 10 December 2021

Daily Maverick: Begg A “Sasol whistle-blower ‘has to look over [his] shoulder every day’” 10 December 2021

Daily Maverick: Carnie T “Government no longer trusts UPL after ‘cynical’ attempt to delay Cornubia chemical directives” 10 December 2021

Daily Maverick: Banda M “Four South African whistle-blowers land international honours at 2021 BluePrint for Free Speech Awards” 10 December 2021

Bizcommunity: “Building owners have less than a year to secure EPCs” 10 December 2021

Bizcommunity: Winning A “Eskom asks for 20.5% power tariff hike next year” 9 December 2021

Bizcommunity: Bachmann S-D and Putter D “Hybrid warfare is on the rise globally. Might South Africa’s Eskom be its latest victim?” 9 December 2021

Bizcommunity: Dickerson L “Renewable sector must educate users or risk the same wrath being directed at Eskom” 8 December 2021

Bizcommunity: “Northern Cape 145MW Garob wind farm achieves commercial operation” 7 December 2021

Local Government

MSN: Gwegwe S “Mpho Phalatse: Johannesburg mayor focuses on city dirt and crime” 5 December 2021

GroundUp: Broughton T “Constitutional Court refuses damages to Ekurhuleni shack dwellers – Majority of judges say damages cannot be awarded to enforce socio-economic rights” 7 December 2021

GroundUp: Ngubane N “Elandskop households demand end to daily power outages – Residents say they are without electricity between 5pm and 9am daily” 6 December 2021

GroundUp: Sizani M “Filthy Mthatha is a pigsty, say residents – Council has just approved a Waste Management Turnaround Plan, says municipality” 6 December 2021

Daily Maverick: Guerandi CR and Metelerkamp T “On the street in Cape Town: The uneven playing field continues to be sown a quarter-century after our democratic constitution” 10 December 2021

Daily Maverick: Metelerkamp T “City of Cape Town in deep water over Green Scorpions’ compliance audit” 10 December 2021

IOL: Ndaba B “Top financial manager Graham Gersbach to head Ekurhuleni Metro’s finances and economic development” 11 December 2021

Engineering News: Slater D “Municipalities spend 21.5% of R521.3bn budget in the first quarter” 10 December 2021

SANews: “Municipalities urged to address ageing water infrastructure” 10 December 2021

Mining

Webber Wentzel: Collier K et al “Mining key issues for 2021” 4 December 2021

Extractives Baraza: “South Africa: Opposes $20-B Gas Project” 7 December 2021

Extractives Baraza: “DMRE, Mining Industry Commits to Reducing Fatalities and Injuries” 7 December 2021

Fin24: Steyn L “’Special apartheid’: Mantashe accuses anti-Shell lobby of ‘oppressing’ development” 9 December 2021

Daily Maverick: Sgqolana T “Mantashe calls environmental activism ‘colonialism and apartheid of a special type’ amid opposition to Shell Wild Coast survey” 10 December 2021

Daily Maverick: Leferna A “Shell boycott can be a turning point to reckon with unholy alliance between fossil fuel corporations and governments destroying our future” 6 December 2021

Daily Maverick: Strydom N “Shell’s seismic blasting is a threat to South Africa’s fish stocks and totally out of step with global energy trends” 6 December 2021

Mail & Guardian: Bega S “Shell seismic ops: ‘Our ancestors’ blood was spilt protecting the land and sea’” 8 December 2021

The Conversation: Mega S et al “Planned seismic survey by Shell has kicked up a storm in South Africa. Here’s an explainer” 9 December 2021

BusinessLive: Carnie T “Former unionist Johnny Copelyn bets on Wild Coast oil and gas bonanza – South African businessman and ex-ANC MP has key role in controversial Shell survey” 5 December 2021

Financial Mail: Ash P “Shell faces full wrath of PR hurricane – ‘Shell’ is like kryptonite to environmentalists as the company faces the full force of a PR hurricane” 2 December 2021

Mining Weekly: “As global steel industry mulls sustainable solutions, SA urged to ‘green’ iron-ore” 10 December 2021

Engineering News: Creamer M “Leading mining companies commit to contract transparency” 9 December 2021

Daily Maverick: Stoddard E “South Africa’s October mining output up, manufacturing production down latest data shows” 9 December 2021

Daily Maverick: Bezuidenhout J “Optimum Coal: NPA’s Hermione Cronje wants curator to step in to protect ‘interest of the State’” 10 December 2021

Mail & Guardian: Ferreira E “High court to hear preservation application against Optimum in March” 10 December 2021

Water, Waste, Oceans and Chemicals

Webber Wentzel: Novotny P-A and Mayet A “Proposed Changes to the Extended Producer Responsibility Regulations” 6 December 2021

The Mercury: Mboto S “Water Board puts bosses on special leave” 9 December 2021 [Legalbrief 9 December 2021]

GroundUp: Sizani M “Women carry water buckets for kilometres, while water workers go unpaid – The CCMA this week awarded 143 Eastern Cape water operators R1.5 million for unpaid wages” 10 December 2021

Mail & Guardian: Phillips T “Study: Bill Gates promoted fertilisers are more damaging than previously thought” 11 December 2021

Mail & Guardian: Zali M “Disposable masks are the latest pollution problem” 6 December 2021

Bizcommunity: “Local plastics industry lauded for commitment to recycling” 7 December 2021

Engineering News: Silaule Y “Mchunu sets up Water Political Steering Committee in KwaZulu-Natal” 10 December 2021

Miscellaneous

IISD ENB: Global Environment Facility |  GEF 61st Meeting of the GEF Council | 6–9 December 2021 | Online

NDTV: “Global Campaign Launched To Bring Guptas Back To South Africa To Face Looting Charges” 10 December 2021 [Legalbrief 10 December 2021]

Daily Maverick: Sibanda R “The Constitution at 25 is under attack by violent political language in South Africa” 10 December 2021

Bizcommunity: “Proposal to create corruption focused Chapter Nine institution” 10 December 2021

Bizcommunity: Woodburn L “OHS Amendment Bill: Ensure compliance or expect to face penalties” 9 December 2021

HSRC Review: Kruss G et al “Designing new science, technology and innovation indicators for South Africa’s developmental challenges” December 2021

HSRC Review: Kruss G and Petersen I “Paradigm shift: The value of transformative innovation policy for South Africa” December 2021

Engineering News: “Sanral sets aside R3bn to benefit local SMMEs during N2 Wild Coast road construction” 10 December 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

Science: Stokstad E “‘Fantastic’ warty frog found in Madagascan rainforest” 9 December 2021

The Conversation: Patel O “Soil isn’t dirt: it’s the foundation of life and needs real care” 5 December 2021

allAfrica: “Liberia: Green Advocate International, Partners Launch Community Advocacy for Land and Livelihood Support to Defend Human Rights On Rubber Plantations” 10 December 2021

allAfrica: “Tunisia: Nearly 70 MD Earmarked for National Projects of Prevention, Fight Against Transboundary Pests” 10 December 2021

allAfrica: “Zimbabwe: Awf Helps Zim’s Wildlife Sector Survive Covid-19” 9 December 2021

Climate Change and Energy

Lexology: “Q&A: the legal framework for renewable energy in Nigeria” 28 August 2021

allAfrica: “Cameroon: Climate Change Fuels Violence and Mass Displacement in Cameroon” 10 December 2021

allAfrica: “Sierra Leone: Entrepreneur Creates Clean, Affordable Energy for Sierra Leone’s Rural Areas #AfricaClimateCrisis” 8 December 2021

allAfrica: “Liberia: Environmental Protection Agency Launches Liberia’s First National Adaptation Plan and 1st Adcom” 10 December 2021

Environmental enforcement

Natural Justice: “Court upholds rule of law to protect the environment” [Kenya] 8 December 2021

Natural Justice: Okoth EM “Reflection on the African Environmental Defenders Initiative” 10 December 2021

Local government

Daily Maverick: Chekai L “Harare municipality criticised for targeting the poor in demolition of ‘illegal structures’ on city’s wetlands’” 7 December 2021

allAfrica: “Nigeria: Noise Pollution – Abuja Environment Agency Reads Riot Act to Parks, Gardens, Others” 9 December 2021

Mining

Webber Wentzel: Moloi M, Appelbaum R and Veeran J “Spotlight on Zambia – New Dawn government undertakes various reforms to attract private sector investors” 24 November 2021

DW: “Ghana: Sustainable Gold Mining” 6 December 2021

News24: Hunter Q “Ramaphosa’s first state visit to Cote d’Ivoire seen as a win-win for both countries” 2 December 2021 [IBA Legalbrief Africa 6 December 2021]

Extractives Baraza: “Niger Delta Residents Protest against Month-Long Oil Spill” 7 December 2021

Extractives Baraza: “Ghana: Let’s Depoliticise Fight against Illegal Mining” 7 December 2021

Extractives Baraza: “US Blacklists Congolese National Tied to Sanctioned Israeli Mining Tycoon” 7 December 2021

DRC: Top mining boss fired

“DRC President Felix Tshisekedi has sacked the head of the state-owned mining company following a string of multi-million dollar corruption scandals. A close ally of former President Joseph Kabila, Albert Yuma, had been at the helm of Gecamines for more than a decade. BBC News reports that Tshisekedi says cleaning up the mining sector is a key priority and he had been under international pressure to remove Yuma. As the world’s biggest supplier of cobalt, Congo stands to gain massively from the global switch to electric vehicles. However, activists say miners are routinely exploited and it’s clear the Congolese population has not benefited much from the vast mineral wealth.” Full BBC News report IBA Legalbrief Africa 6 December 2021

Reuters: Bujakera S and Holland H “Congo environment minister says signature forged on forest licences” 11 December 2021

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

Lexology: “Restrictions on Cross-border Transactions in Angola” 29 November 2021

Daily Maverick: Wugale B “The mind of every Ogoni person is imprinted with what Shell has done to our land” [Nigeria] 7 December 2021

allAfrica: “Ghana: Estate Development, Sand Winning Affecting Agriculture in Ga South Municipality – MCE” 10 December 2021

The Conversation: Patel O et al “Hyenas’ unpicky feeding habits help clean up a town in Ethiopia” 7 December 2021

Mining Weekly: De Bruyn S “Construction starts on renewable energy project for Rio Tinto’s Madagascar mine” 10 December 2021

Water, oceans, waste and chemicals

News24: “UK watchdog urges halt to DR Congo dam project” 8 December 2021

allAfrica: Kurui D “Kenya: Loans Keep Women Afloat As They Plant Fast-Vanishing Mangroves in Kenya” 6 December 2021

allAfrica: Olukoya S “Nigeria: Lagos Coastal Community Scrambles to Fight Off Encroaching Climate Change” 4 December 2021

allAfrica: “Zimbabwe: Chinhoyi Fails to Court Investor for U.S.$20m Water Project” 10 December 2021

allAfrica: “Zimbabwe: Drilling Initiative Targets 35 000 Boreholes” 10 December 2021

allAfrica: “Tanzania: Aweso Announced Countrywide Inspection of Water Projects” 10 December 2021

allAfrica: “Cameroon Water Clash Degenerates to Community Clashes, Leaving More Casualties” 9 December 2021

allAfrica: “Malawi: 33 Percent of Malawians Have No Access to Potable Water” 8 December 2021

Miscellaneous

Lexology ENS: “Africa Business in Brief | Issue 429” 5 December 2021

IISD SDG Knowledge Hub: “Trade Experts Highlight Role for AfCFTA in Economic Recovery of African Continent” 9 December 2021

allAfrica: “Uganda: Green Finance Dialogue to Focus On Leveraging SMEs for Uganda’s Green Growth” 8 December 2021

International

Biodiversity, Protected Areas, and Culture

El País: HERMIDA X And Sánchez E “Spain approves new law recognizing animals as ‘sentient beings’” 3 December 2021

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

Mongabay: Jong HN et al “Papua clan takes first step toward official recognition of land rights” 26 November 2021

Mongabay: “New Himalayan snake found via Instagram” 18 November 2021

UN News: “First Person: ‘Bridge the gap between indigenous youth and the world’” 20 November 2021

US Natural Resources Committee: “Oversight: Protecting Human Rights in International Conservation Subcommittee on Water, Oceans, and Wildlife” 26 October 2021

Lexology: “Revocation of Trump Administration’s Migratory Bird Treaty Act Rule Takes Effect” 6 December 2021

Lexology: “EU and UK: Due Diligence Obligations for Deforestation Risk Products” 2 December 2021

Lexology: “Mexico’s national program for contaminated site remediation for 2021-2024 approved” 5 December 2021

IISD SDG Knowledge Hub: “A WTO Fisheries Subsidies Deal: From Conclusion to Implementation” 9 December 2021

Science: Cantwell M “Snapshots from high in the sky allow new insight into ecosystems around the world” 9 December 2021

Science: Service RF “Melting glaciers may produce thousands of kilometers of new salmon habitat” 7 December 2021

TimesLive: Durisin M and Ng J “Bird flu is raging, adding to the risks for food inflation” 11 December 2021 – 12:01

The Guardian: “Tropical forests can regenerate in just 20 years without human interference” 9 December 2021

The Guardian: “Concern over impact of Norfolk Boreas offshore windfarm on seabirds” 9 December 2021

The Independent: Wingate S “Government unveils ban on trophy hunting imports as campaigners denounce delays” [UK] 10 December 2021

The Independent: Webb S “Thousands of trees to be felled as climate change helps diseases spread” 9 December 2021

The Independent: Brenner J “Montana wants protections lifted so public can hunt grizzlies” 7 December 2021

BBC: McGrath M “Hydroelectric dams linked to tiger and jaguar losses” 10 December 2021

BBC: Gill V “Dragonflies and damselflies disappearing as wetlands are lost” 10 December 2021

Climate Change and Energy

Lexology: “CMS Expert Guide to hydrogen energy law and regulation” 30 November 2021

Lexology: “An Electricity System in Transition: The Electricity Statutes Amendment Act, 2021” [Canada] 2 December 2021

Lexology: “AER Implements Life Cycle Management Directive Effective December 1, 2021” [Canada] 3 December 2021

Lexology: “COP26 | What did it mean for net zero standards and carbon offsetting?” 3 December 2021

Lexology: “Illinois Enacts Tax Incentives to Attract Electric Vehicle Manufacturing” [USA] 6 December 2021

Lexology: “Is your company taking sufficient measures to address climate change risks from a corporate law perspective?” [EU] 6 December 2021

Lexology: “Corporate risk: Net zero the new normal as climate risks realised by regulators and boardrooms” [Australia] 3 December 2021

Lexology: “International developments put pressure on Australia’s clean energy transition” 3 December 2021

Lexology: “Clean Slate: setting the standard for negotiating renewable energy projects with Native Title holders” [Australia] 3 December 2021

Colorado Law: “Indigenous Peoples and Climate Change: Preparing for COP26” Video of event of 20 October 2021

Carbon Pulse: “US EPA proposes long-awaited RFS volumes, denial of all compliance waivers” 7 December 2021

Carbon Pulse: “Australian steelmaker to collaborate with energy major Shell on renewable hydrogen” 7 December 2021

TNR: Aranoff K “Conservatives Have a New Bogeyman: Critical Energy Theory” [USA] 7 December 2021

Clean Energy Wire: Bateman J “Earlier German coal exit feasible but requires more work to grid system – Amprion” 07 December 2021

GOV.UK: “Environment Agency helps industry reduce carbon emissions to fight climate emergency” 7 December 2021

Reuters: “Australians to create ‘black box’ to hold world accountable for climate crisis” 7 December 2021

ENN: “Rainfall in the Arctic Will Soon Be More Common Than Snowfall” 30 November 2021

New York Law Journal: Gerrard MB and MacTiernan E “Potential Tensions Between New York’s Climate Change Laws and Historic Preservation Law” 10 November 2021

Climate Law Blog: “Guest Commentary: Dobbs v. Jackson and Juliana v. United States: “Innumerable Human Lives” (columbia.edu)” 10 November 2021

Climate Law Blog: Tigre MA “A new climate litigation claim in Brazil raises the pressure for increased climate action and protection of the Amazon rainforest” 1 December 2021

Climate Law Blog: Petel M and De Spiegeleir A “Guest Commentary: Lessons from the Belgian climate case: The devil is in the details” 15 November 2021

Lexology: “Nuclear Energy: The Key to Achieving Climate Change Goals” [USA] 6 December 2021

Lexology: “Total Eren Secures Lands and Launches Studies Aiming to Develop a Large-Scale Green Hydrogen Project in Chile’s Magallanes Region” 3 December 2021

Lexology: “Breaking: RWE Wins Danish ‘Luck of the Draw’ Offshore Wind Tender” [Denmark] 1 December 2021

Lexology: “Renewable Energy Support Scheme second auction terms and conditions published” [Ireland] 27 October 2021

Lexology: “December Australian Energy & Resources Market Update” 8 December 2021

Lexology: “Managing climate change financial risks: APRA’s new guidance for superannuation trustees, banks and insurers” [Australia] 8 December 2021

Lexology: “Sinopec set to build ‘world’s largest’ solar-to-hydrogen plant” [China] 3 December 2021

Lexology: “Just Transition: The World Benchmarking Alliance Publishes Its ‘Just Transition Assessment’” 8 December 2021

Recharge: Collins L “’Producing green hydrogen for $1/kg is achievable in some countries by 2030′: WoodMac” * December 2021

Reuters: “Denmark awards $30 mln grant to INEOS-led North Sea carbon storage project” 9 December 2021

Renew Economy: Parkinson G “Nexsphere to build huge “over the horizon” offshore wind farm in Tasmania” 9 December 2021

The Independent: Gregory A “Plants helping to slow global warming by sucking up more CO2 as levels of greenhouse gas rise, study finds” 9 December 2021

White House: “Fact SHEET: President Biden Signs Executive Order Catalyzing America’s Clean Energy Economy Through Federal Sustainability” 8 December 2021

Lexology: “Enpal Raises New Funding to Make Solar Powered Rooftops Mainstream” [Germany] 6 December 2021

Lexology: “Zurich voters approve new rules for effective climate protection in building sector” 6 December 2021

Lexology: “WHS laws to have modified application for offshore renewable energy industry” [Australia] 26 November 2021

Carbon Pulse: “ANALYSIS: How big oil seeks shortcuts in climate target ‘arms race’” 6 December 2021

Reuters: Ellsworth B “Barbados’ Mottley says IMF must help finance the fight against climate change” 4 December 2021

Climate Law Blog: Olson J and Rodgers A “Guest Commentary: Dobbs v. Jackson and Juliana v. United States: “Innumerable Human Lives” 6 December 2021

Bizcommunity: “Companies worldwide could face customer backlash if they fail to take action on climate change” 10 December 2021

The Independent: Webb S “Australia plans to convert coal power stations to hydrogen plants” 9 December 2021

Carbon Brief: “Guest post: Are the world’s peatlands better protected after COP26?” 7 December 2021

DW: “Germany’s new finance minister announces billions in climate investments” 10 December 2021

Environmental Enforcement

Lexology: “Environmental matters – Breakthrough in access to courts sparks expectations of more environmental challenges to Corporations” [EU] 3 December 2021

Lexology: “Intrekkingsverzoek natuurvergunning afgewezen vanwege andere passende stikstofmaatregelen” [Request for withdrawal of nature permit rejected due to other appropriate nitrogen measures] [Netherlands] 12 November 2021

Lexology: “E2 law podcast: Episode 12 | The new environmental rights amendment to the NY constitution” [USA] 3 December 2021

Lexology: “EPA’s Anticipated Cumulative Risk Assessment Guidelines Will Guide EJ Enforcement” [USA] 6 December 2021

Lexology: “”Nine Commandments” for the NSW planning system: Planning minister announces further planning reforms” [Australia] 7 December 2021

Lexology: “Climate litigation in Australia” 3 December 2021

IAIA: Resilience Assessment Guideline

Lexology: “Groundtruth: Environmental Justice in 2022 – Perspectives From EPA” [USA] 8 December 2-21

Lexology: “Brazil: The CETESB publishes Board Decision No. 105/2021, which changes the terms of the board decision that linked environmental licensing to the incorporation of reverse logistics” 8 December 2021

Lexology: “Proposed NSW environmental laws to expand director and manager liability for environmental offences” [Australia] 9 December 2021

Climate Home News: “Campaigners seek to curb UK oil production through the high court” 9 December 2021

Lexology: “Israeli Ministry of Environmental Protection: ILS 3 Million Sanction on Shufersal” 5 December 2021

Lexology: “Top 5 Tips for Conducting Voluntary Environmental Audits” [USA] 3 December 2021

Legal Futures: Rose N “Law students pledge to boycott top firm for ‘shielding polluters’” 3 December 2021 [Legalbrief 6 December 2021]

IISD ENB: “GEF CSO Consultations on Youth-led Advocacy and Solutions to the Planet’s Environmental Crisis” 3 December 2021

The Guardian: “UK ‘embarrassed’ into funding Mozambique gas project, court hears” 9 December 2021

The Guardian: “Energy watchdog urged to give free access to government data” 10 December 2021

The Guardian: “Australia’s coal-fired power plants likely to shut almost three times faster than expected, report suggests” 9 December 2021

The Guardian: “Scotland marks end to coal power as Longannet chimney is blown up” 9 December 2021

The Guardian: “UK tax breaks for oil and gas under scrutiny from climate activists” 8 December 2021

Local government

Lexology: “De Afdeling geeft criteria voor werken met open normen in bestemmingsplannen en omgevingsplannen” [The Division provides criteria for working with open standards in zoning plans and environmental plans] [Netherlands] 23 November 2021

Vice: “World’s ‘Greenest City’ Will Be Totally Unaffordable Because of Climate Change” 28 October 2021

Sabin Center for Climate Law: “Sabin Center Releases Report Providing Legal Tools for U.S. Cities to Act on Climate Change” 18 November 2021 – read also the Climate Law Blog

IISD SDG Knowledge Hub: “Governments to Check Progress on Urban Goals” 6 December 2021

IISD SDG Knowledge Hub: “UNEP FI Report Explores Financing for Green Building” 9 December 2021

The Star: Nair V “KL’s carbon neutral blueprint launched” 10 December 2021

IISD ENB: Malága winner of the Istanbul Environment Friendly City Award – video | 9 December 2021

Reuters: Jones G and Fonte G “Analysis: Superbonus! Italy’s green growth gambit lines homes and pockets” 9 December 2021

The Independent: Boyle L “New York City to ban gas hook-ups in new buildings” 9 December 2021

Mining

IAIAsa Youtube: “IAIAsa GP Mini-Event Proposed Amendments to the Financial Provisioning Regulations” 20 September 2021 [email Sue George IAIAsa]

Lexology: “Argentina, Mining and Glacier Protection” 29 November 2021

Lexology: “A general introduction to oil and gas law in Argentina” 3 November 2021

Lexology: “Global Mining Resource Disclosure” 29 November 2021

Extractives Baraza: “UK Plans to Store Carbon Dioxide in Disused Oil and Gas Wells” 7 December 2021

Extractives Baraza: “Saudi Aramco Warns of ‘Social Unrest’ If Fossil Fuels Ditched too Quickly” 7 December 2021

Lexology: “The role of critical minerals in the energy transition: A Canadian Perspective (part 6)” 7 December 2021

Lexology: “Tax Stability in the Mining Industry” [Central and South America] 29 November 2021

Lexology: “Regulatory Developments and Managing Environmental Compliance” 29 November 2021

Lexology: “National Native Title Tribunal decides a mining lessee has not negotiated in good faith” [Australia] 8 December 2021

Lexology: “Good faith tested: Wake-up call for project proponents” [Australia] 9 December 2021

Lexology: “IPC rejected mine extension project declared State Significant Infrastructure” [Australia] 9 December 2021

The Hill: Budryk Z “Biden approving oil, gas drilling permits on public lands at faster rate than Trump: analysis” 7 December 2021

Lexology: “The importance of consultation with First Nations, progressive reclamation and increased reclamation security for amended permits in the mining industry” [Canada] 1 December 2021

The Guardian: Ambrose J “Shell U-turn on Cambo could mean end for big North Sea oil projects” 3 December 2021

The Guardian: Taylor M and Ambrose J “Work on Cambo oilfield paused after Shell withdrawal” 10 December 2021

The Guardian: McVeigh K “Deep-sea mining may push hundreds of species to extinction, researchers warn” 9 December 2021

Sydney Morning Herald: Baird J  “‘More likely to be pawed than promoted’: The dirty secret in Australia’s mining industry” 11 December 2021

Sydney Morning Herald: Elliott T “How a small regional community beat a multinational coal giant” 11 December 2021

Water, Oceans, Waste and Chemicals

Lexology: “EPA Signs Proposed Rule to Revise Definition of ‘Waters of the United States’” 2 December 2021

Extractives Baraza: “Florida Officials Want to Pump Millions of Gallons of Mining Wastewater into a Deep Well. Environmentalists say it could be ‘Disastrous’.” 8 December 2021

IISD ENB:  Barcelona Convention COP 22 | 7–10 December 2021 | Antalya, Turkey

IISD ENB: 45th anniversary of the Barcelona Convention – video | 9 December 2021

IISD SDG Knowledge Hub: “COP 22 | The Mediterranean Action Plan: The crown jewel of the UNEP Regional Sea Programme” video 7 December 2021

IISD SDG Knowledge Hub: Neretin L “Fields of Plastics” 9 December 2021

IISD SDG Knowledge Hub: “OECD Offers Design Guidance for Sustainable Plastic Products” 9 December 2021

IISD SDG Knowledge Hub: “Plastic Pollution and Trade: WTO, Basel Convention, and a Global Treaty on Plastic Pollution” 9 December 2021

IISD SDG Knowledge Hub: “Why We Need a Science Policy Panel on Chemicals, Waste and Pollution” 9 December 2021

Lexology: “Waste not, want not – the possibilities in recycling” [Australia] 9 December 2021

Lexology: “Proposed Changes to Produce Safety Rule’s Agricultural Water Requirements” [USA] 6 December 2021

Science: Cornwall W “Panel calls for $2.5 billion in ocean geoengineering research” 8 December 2021

The Guardian: Mattei A “Coastal species are forming colonies on plastic trash in the ocean, study finds” 10 December 2021

The Guardian: “California tackles food waste with largest recycling program in US” 9 December 2021

The Guardian: “‘Gushing oil and roaring fires’: 30 years on Kuwait is still scarred by catastrophic pollution” 11 December 2021

The Independent: “Microplastics found to be harmful to human cells” 10 December 2021

Nature: Getirana A, Libonati R and Cataldi M “Brazil is in water crisis — it needs a drought plan – To avoid crop failures and soaring power costs, Brazil needs to diversify sources, monitor soil moisture, model local hydroclimate dynamics and treat water as a national security priority” 8 December 2021

Miscellaneous

Lexology: “Hot tax topics for the Industrial Sector: Transparency and Trust” [EU] 3 December 2021

Lexology: “Risk Outlook Q4 2021: Saudi Arabia” 6 December 2021

Lexology: “Sustainability challenges drive innovation in the fashion sector” 6 December 2021

Lexology: “ESG & Sustainability Reporting Developments: Climate Disclosure Prototypes” [USA] 6 December 2021

Getches-Wilkenson Centre: Recordings of events to be found at this site

IISD SDG Knowledge Hub: “Second Committee Approves Resolutions on Climate, SIDS, Biodiversity” 9 December 2021

IISD SDG Knowledge Hub: “Antimicrobial Resistance Threatens Development, SDGs: Tripartite Report” 9 December 2021

IISD SDG Knowledge Hub: “COP 22 celebrates science for evidence-based policies” video 8 December 2021

Salon: Karlis N “The political divide in the United States has become irreconcilable, study says – The U.S. is at dangerous ‘level of polarization,’ political scientists warn” 8 December 2021

IISD SDG Knowledge Hub: “Experts Unpack Links between the Multilateral Trade Regime and Globalization” 9 December 2021

IISD SDG Knowledge Hub: “How Can Trade, Resilience, and Inclusivity Support Food for All?” 9 December 2021

Lexology: “The growing backlash against greenwashing in ESG reporting” 8 December 2021

Lexology: “FInsight: The Global Financial Institutions Industry Podcast – Episode 21: COP26 Key Takeaways for Sovereign Wealth Funds” 9 December 2021

Lexology: “2021: The year of the sustainability-linked loan” [USA] 8 December 2021

Reuters: Abnett K “EU passes first chunk of green investment rules, contentious sectors still to come” 9 December 2021

EC: “EU strengthens protection against economic coercion” 8 December 2021

Lexology: “Change Your Style: Envisaging A Potential Model Framework For Fast Fashion Industry In Nigeria” 6 December 2021

IISD SDG Knowledge Hub: “SDSN Provides SDG Scorecards for 50 US States, Paraguay Territories” 7 December 2021

The Jurist: Geris E “New Zealand announces smoking ban for future generations” 9 December 2021

The Guardian: Mercado A “Frosts, heatwaves and wildfires: the climate crisis is hitting the wine industry hard” 9 December 2021

Conferences, Workshops, Study Opportunities

National

CBSS Water Governance Training Course – dates for 2022
Defeating the effects of COVID, we have presented two very successful in-person training courses in Water Governance during 2021!
Dates for 2022 courses:

Course costs differ, depending on the city, and can be found here. Discounts are available for Early Bird payments, bona fide students, WISA members, and group registrations. Registration is on a first-come first-serve basis, seating is limited to 25 delegates per course. If you would like secure your seat, please complete our registration form without delay. Register today.

SBE 2022: Sustainable Built Environments: Focus on the Future – The Future is Now!
Dates: 22-30 March 2022
Venue: Houwhoek Hotel, Elgin-Grabouw Valley, Western Cape, South Africa
More information or contact them on the website: https://sustainablebuiltenvironments.co.za / Conference Secretariat: Kruger & Associates 028 316 2905 / 072 320 7015 /
Early bird registration: 15 December 2021

Postgraduate Certificate Course in Introduction to Law for Non-Lawyers – Mandela Institute of the School of Law, University of the Witwatersrand, Johannesburg
Dates: 29 January to 5 March 2022
Registration and enquiries: Mandela Institute, Tel: 011 717 8435/8438; E-mail: / wits.ac.za/mandelainstitute

Imbewu Webinars and Training Courses
IMBEWU intends conducting a 2½ hour webinar focusing on certain key aspects associated with proposed wind energy projects in South Africa such as:

  • An update on, and lessons learnt from recent NEMA appeals and judicial review applications against the issuing of environmental authorisations;
  • The effect of NEMA appeals and judicial reviews on the REIPPPP bidding process;
  • An in-depth analysis and discussion of applicable appeal decisions made by the Environment Minister during 2020 and 2021; and
  • The legal effect of the non-approval, by the Competent Authority, of draft EMPRs and layout plans at the same time as the granting of an environmental authorisation.

Kindly indicate via return email if you would be interested in participating in the webinar, the cost of which is currently estimated to be R1 250.00 which will include copies of all the Environment Minister’s wind energy related appeal decisions referred to during the webinar. Once we are satisfied that there is sufficient interest in the webinar, we will proceed to finalise the programme, set a date and open the registration process. Contact for more information

International

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.

 

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: 8th 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 8th 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.

Eighth Annual International and Comparative Urban Law Conference Call for Papers and Participation
Dates: 4 Jul 2022 – 16 Jul 2022
Place: Peter A. Allard School of Law, UBC – Vancouver, Canada
Proposal submission: Please submit a proposal of up to 500 words to with “[Name of Proposed Paper, First Name, Last Name]” in the subject line of your email. If you have a draft paper, please include it with your proposal, but participants do not need to have prepared a paper to participate. Submissions are due no later than January 14, 2022, although earlier submissions are highly encouraged. Limited funding is available to offset costs for those who would otherwise not be able to participate in person, including scholars from the Global South, early career scholars, and graduate students. Please indicate in your application whether your participation is conditional on receiving funding.
Please note that the conference is being planned as an in-person event at UBC. However, if the status of the COVID-19 pandemic restricts international travel or compromises safety as we head into July 2022, the conference will be adjusted for a virtual format. We are also considering hybrid sessions for scholars who will not be able to join us in person.

Call for Applications: George Mason University Antonin Scalia Law School Law & Economics Center: Workshop for Law Professors on Energy & Environment
Date: 05 Jan 2022 – 09 Jan 2022, Squaw Valley, CA
The Law & Economics Center is pleased to announce that we are now accepting applications to the Workshop for Law Professors on Energy & Environment. This program will be held at the Resort at Squaw Creek in Squaw Valley, California with attendees arriving on Wednesday, January 5 and departing on Sunday, January 9.
Description: The Workshop for Law Professors on Energy & Environment will expose professors to the importance of property rights, transaction costs, and markets for solving energy and environmental problems. The workshop will begin with some initial theoretical insights regarding the potential for energy and environmental markets and build to specific applications to land, forests, wildlife, minerals, water, air, and ecosystem services, to mention a few.
The LEC offers a $1,000 honorarium for successful completion of the program (from which attendees are expected to cover their own travel and incidental expenses).
Application Procedure: To apply, please visit: https://cvent.me/PWXaPe
Further Information: If you have any questions, please contact our Program Assistant, Cristian Lopez at or 703.993.9962.
Acceptance: The LEC will evaluate applications as they are received.
To apply, please visit: https://cvent.me/PWXaPe 

IAIA’s 12-week Professional Development Program (PDP) ”Foundations of Impact Assessment
Date: 12 January through 22 April 2022
Participants start and complete the course within this period according to the schedule they arrange with their trainer. Registration is open now through 10 January 2022. Register now as seats are limited.

IAIA22 registration is open: Confidence in Impact Assessment: Policies, partnerships and public involvement
Date: 4-7 May 2022 in Vancouver, Canada, with a complementary virtual component.
View the 500+ proposed presentations, and register now to take advantage of Early Bird rates. IAIA continues to monitor the COVID-19 situation worldwide and will post any updates on the IAIA22 home page.

SRI2022 call for proposals Future Earth Regional Office for Southern Africa (FEROSA) Secretariat
 https://futureearth.org/2021/11/12/sri2022-call-for-proposals/
Submission deadline is February 5, 2022, at 23:59 SAST (UTC +2).
The Sustainability Research and Innovation Congress 2022 (SRI2022) will take place from June 20-24, 2022, in Pretoria, South Africa and online. Hosted by the Future Africa Institute at the University of Pretoria, SRI2022 will build on the success of the first SRI Congress which took place in June this year and featured 700 speakers and 2,000 participants from 100 countries. A joint initiative of Future Earth and the Belmont Forum, SRI is an emerging global platform of advocacy for sustainability scholarship and innovation, trans-disciplinary and cross-sectoral collaboration, and knowledge to action.

Erasmus+ Programme of the European Union
GEM is a two-year MSc in “Geo-information Science and Earth Observation for Environmental Modelling and Management”. GEM is an Erasmus Mundus Joint Masters Degree Programme (EMJMD). Thanks to funding from the Erasmus+ programme, we can offer 60 full MSc scholarships across four intakes, starting in September 2021. Students with other scholarships or alternative sources of funding are also warmly welcomed.
You are welcome to apply for the September 2022 intake. Registrations completed before the 14th of January 2022 will be considered for an Erasmus+ scholarship. More information and registration: https://www.gem-msc.eu

IAIA: OTC 22-01 Effective Engagement in Impact Assessment: Working to International Good Practice Standards
Dates: 15, 17, 22, and 24 March 2022 (08:00-11:00 UTC each day)
More information

IAIA: OTC 22-02 More Effective Impact Assessment: Toolsf Stronger Argument and Clearer Writing
Dates: 29 March, 31 March, 5 April, and 7 April 2022 (08:00-11:30 UTC each day)
More information

ICLEI World Congress: The Malmö Summit
Date: 11-13 May 2022
Early registration and more information

World Justice Project Supreme Audit Institutions in Advancing the Rule of Law
Date: 13 December 2021 10:00 am EXT / 3:00 UTC
More information

University of Amsterdam School of Law: ComplianceNet 2022
Dates: 6-8 July 2022 in Amsterdam (and if necessary also in hybrid format).
We are currently accepting panel or paper submissions, with a deadline of February 7, 2022.
ComplianceNet seeks to bring together scholars from a range of different disciplines to study the interaction between rules (broadly defined) and individual, group, or organizational behavior. The first four meetings have been highly successful bringing together academics from business, criminology, economics, law, political science, psychology and sociology, among other fields. See the www.compliancenet.org for more details about its structure and goals.
To register, please follow this link, which will take you to the Eventbrite website. Press the Tickets button there and then select one of the options, as explained below.

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, Western Cape, South Africa Remote
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Seriti Coal: Legal Specialist; D Upper; HO113/21GS
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African Ambition Associate Attorney
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Virago Recruitment Junior Attorney Bryanston Randburg
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Wikimedia Foundation: Legal Fellow Summer ’22
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Foreign & Commonwealth Office Infrastructure Sector Director – Department for International Trade (34/21 JHB)
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University of Venda: Assistant Head-Legal Aid Clinic – (539)
Closing date: 7 January 2021
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University of Venda: Senior lecturer Labour Law, Alternative Dispute Resolution and Tax Law and postgraduate students’ modules in the Department of Mercantile Law
Closing date: 7 January 2021
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SKAO Legal Manager SKA Observatory Cape Town
SKAO is an IGO coordinating a global effort to deliver one of the largest science facilities on earth. The Legal Manager will provide advice to the SKAO Team in South Africa and other international colleagues; consulting on matters locally, and the establishment of the SKAO, its construction and operation in South Africa.
Requirements:

  • South African High Court admitted Attorney/Advocate, with right of appearance in the High Court, and with a valid practise certificate
  • Extensive experience in South African corporate, commercial and labour law, including litigation

More information

Warburton Attorneys Inc Candidate Attorney and Junior Associate
A Johannesburg based law firm specialising in environmental law, is expanding and is inviting suitable applicants to submit their CVs for positions that are currently available at the candidate attorney and junior associate levels. The ideal applicants should already have a Master’s degree in environmental law; however, we will consider applicants who are in the process of obtaining their Masters degree in environmental law. Consideration will also be given to applicants who can readily demonstrate that they have extensive experience in the application of environmental law in the South African context. Excellent written and verbal communication skills and a keen interest in environmental law are absolute requirements.
If you meet the above requirements, then please submit a CV together with a short cover letter and your academic record to

IMBEWU Sustainability Legal Specialists (Pty) Ltd: Paralegal
A Johannesburg based environmental law consultancy, is looking for a para-legal with excellent IT skills and a keen and demonstrable interest in environmental law. Excellent written and verbal communication skills are an absolute requirement for the role.
If you meet the above requirements, then please submit a CV together with a short cover letter and your academic record to

International

Forest Carbon Analyst, Finite Carbon – Flexible Location

Loyola University Chicago School of Law Assistant Dean for Inclusion, Diversity & Equity
Loyola University Chicago School of Law invites applications for a full-time clinical professor of law to serve as the Assistant Dean for Inclusion, Diversity and Equity. Loyola Law is a social and racial justice leader. In 2020, the School of Law revised its mission to prioritize its commitment to addressing issues of systemic racism and other forms of oppression. The Assistant Dean provides vital support to this mission as a member of the School of Law senior leadership team who reports to the Dean of the School of Law. The Assistant Dean is primarily responsible for ensuring that the School builds, navigates and sustains a culture and climate of belonging for all students, with a particular focus on the experiences of students from historically disadvantaged backgrounds. The Assistant Dean develops student-focused educational programming and services. The Assistant Dean also serves a key role in the development of criteria and the implementation of accountability metrics to measure the progress of the School of Law towards the University’s goal of becoming an anti-racist institution. This clinical faculty position provides for a 3-year presumptively renewable contract on a 12-month appointment.

Application Procedure: Applicants should submit a cover letter, a statement of interest, a current Curriculum Vitae, and the names and email addresses of three individuals prepared to speak to your professional qualifications for this position to https://www.careers.luc.edu/. All applicants should also specifically address in their statement of interest how they will contribute to the law school’s mission statement, available at https://www.luc.edu/law/about/mission/index.cfm
Application materials may also be emailed directly to Prof. John Dehn at . However, all applicants selected for interviews will need to submit materials to the Loyola website above for university processing. Review of applications will begin immediately and continue until the position is filled. Preferred start date is negotiable, but must be no earlier than April 1, 2022 and no later than July 1, 2022.

IAIA seeks to hire SEA Expert; proposals due 10 January

IAIA is seeking an IA professional who is an expert in strategic environmental assessment to work on the first phase of a project to develop guidelines for renewable energy projects. Current IAIA membership required; members, login to IAIAConnect to view the Request for Proposals with project overview, task list, and compensation details. Proposals are due 10 January.

The Sabin Center is hiring!

We are seeking a Climate Law Fellow for a two-year appointment. Details & link to apply here

Deadline: 15 January 2022

University of California Berkeley School of Law – Executive Director of Human Rights Center

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

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

University of Hong Kong Department of Law – Global Academic Fellow in Law

University of York York Law School – Lecturer in Law

University of Copenhagen Faculty of Law – PhD Position in Algorithmic Fairness and Migration Law

University of Copenhagen Faculty of Law – PhD Scholarship in Law

University of California San Diego Department of History – Assistant Professor in History of Africa

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Featured Image: Photo by Johan Nel

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