ELA Newsletter 2021-44

19 November 2021

Legislation

Notices

Medicines and Related Substances Act 101 of 1965 – GN 1502 in GG 45487 of 15 November 2021 – Exclusion of COVID-19 vaccines from the operation of specified provisions of the Act for a period of 24 months

Disaster Management Act 57 of 2002 – Declaration – GN R1501 in GG 45485 of 13 November 2021 – Declaration of a national state of disaster published in GN 313 in GG 43096 of 15 March 2020 extended to 15 December 2021

Constitution of the Republic of South Africa, 1996 – Proc 41 in GG 45500 of 19 November 2021 – Transfer of administration and powers and functions entrusted by legislation to certain cabinet members

Marine Living Resources Act 18 of  1998 – GN 1515 in GG 45504 of 19 November 2021 – Fishing Rights Allocation Process:

• Invitation to apply for rights to undertake commercial fishing of hake deep-sea trawl, hake longline, South Coast rock lobster, small pelagic (pilchard and anchovy), KZN crustacean trawl, squid, demersal shark, tuna pole-line; and traditional linefish
• General Policy on the Allocation and Management of Commercial Fishing Rights: 2021
• Fisheries sector-specific policies of 2021 on the allocation and management of commercial fishing rights in the hake deep-sea trawl, hake longline, South Coast rock lobster, small pelagic (pilchard and anchovy), KZN crustacean trawl, squid, demersal shark, tuna pole-line and traditional linefish sectors

National Environmental Management Act 107 of 1998 – GN 1506 in GG 45499 of 17 November 2021 – Generic Environmental Management Programme for Development Projects within the Atlantis Urban Area as an environmental management instrument and to exclude activities identified in terms of s. 24(2)(a) or (b) from the requirement to obtain environmental authorisation if undertaken within the geographical area of the Atlantis Urban Area – for comment

National Environmental Management Act 107 of 1998 – GN 1513 in GG 45502 of 18 November 2021 & GN 1514 in GG 45503 of 19 November 2021 – Suspension of the Regulations to Domesticate the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 2021 published in GN 413 in GG 44558 of 12 May 2021 for a period of 12 months

Promotion of Access to Information Act 2 of 2000 – GN 1504 in GG 45492 of 16 November 2021 – Information Regulator – Regulations relating to the Promotion of Access to Information, 2021 – Updated PAIA Guides

Legal Practice Act 28 of 2014 – South African Legal Practice Council – Gen Notices 663 & 667 in GG 45482 of 12 November 2021 – Code of Conduct amended and Gen Notices 655 & 659 in GG 45452 of 12 November 2021 replaced

Legal Practice Act 28 of 2014 – Gen Notice 664-666 in GG 45482 of 12 November 2021 – Rules of the Council published in terms of ss. 95(1), 95(3) and 109(2) amended and Gen Noticess 656-658 in GG 45452 of 12 November 2021 replaced

Legal Practice Act 28 of 2014 – Gen Notice 673 in GG 45500 of 19 November 2021 – Rules of the Council published in terms of ss. 95(1), 95(3) and 109(2) amended

Division of Revenue Act 9 of 2021 – GN 1516 in GG 45506 of 19 November 2021 – Conditional allocations and explanatory memorandum

Provinces

Western Cape

Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013 – LAN 21740 in PG 8520 of 18 November 2021 – Mossel Bay Local Municipality: Zoning Scheme By-law

Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013 – LAN 21741 in PG 8520 of 18 November 2021 – Mossel Bay Local Municipality – By-law on Municipal Land Use Planning

Gauteng

Spatial Planning and Land Use Management Act 16 of 2013 – LAN 1554 in PG 403 of 17 November 2021 – West Rand District Municipality – Establishment of the Municipal Planning Tribunal between the West Rand District, Merafong City, Mogale City and Rand West City Local Municipalities

International Law

Glasgow Climate Pact available on the UNFCCC website

Guidance on cooperative approaches referred to in Article 6, paragraph 2, of the Paris Agreement to be found here

Rules, modalities and procedures for the mechanism established by Article 6, paragraph 4, of the Paris Agreement to be found here

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CASES

National

Sedibeng Iron Ore (Pty) Ltd v Minister of Mineral Resources and Energy and Others Case No: 19831/2020 – case decided 19 November 2021 [Case available from Secretariat]

[1] This a review application in terms of the Promotion of Administrative Justice Act, No. 3 of 2000 (“PAJA”). It concerns the granting by the first respondent, the DMR Minister of Mineral Resources and Energy (“DMR Minister”), of a prospecting right in terms of the Mineral and Petroleum Resources Development Act, No. 28 of 2002 (“MPRDA”) to the fifth respondent, Rexton Holdings (Pty) Ltd (“Rexton”), to prospect for manganese on the farm Klipfontein 437 (“Klipfontein”)

City of Johannesburg v Zibi and Another 2021 (6) SA 100 (SCA)

“The appellant municipality imposed a higher ‘penalty tariff’ on the respondents, owners of certain immovable property within its area, when they used the property as a ‘student commune’—contrary to the property’s zoning classification as ‘residential property’. In doing so, the Municipality purportedly acted in terms of the rates policy it has adopted and implemented in terms of s 8 of the Local Government: Municipal Property Rates Act 6 of 2004. The policy listed a number of categories of rateable property in respect of a penalty tariff would apply, the list including all properties used for a purpose not permitted by the zoning thereof in terms of any applicable Town Planning Scheme or Land Use Scheme.

The Supreme Court of Appeal considers whether the municipality’s levying of a penalty in respect of the use of any property within its jurisdiction, is ultra vires its powers.” [Juta Summary Advance Notification – South African Law Reports (November 2021)]

International

Confederation of Namibian Fishing Associations and Others v Environmental Commissioner Teofilus Nghitila and Others 2021 (3) NR 817 (HC)

“Practice—Parties—Locus standi—Of applicant challenging validity of marine mining licence that would directly and prejudicially affect it—Constitution envisaged generous regime of access to courts in this regard.

Practice—Parties—Authority—Challenge to authority—Incumbent upon party making challenge to place evidence before court on which it based its challenge.

Practice—Applications and motions—Declaratory order—Effect of delay in bringing application—Principles of delay applicable to declarators, which relief was discretionary and unreasonable delay remained factor to be considered.

Mines and minerals—Mining licence—Validity of—Licence granted subject to terms and conditions including that environmental impact assessment and environmental management plan report be provided before due date—Licence holder merely supplying draft report—Draft report insufficient—Environmental Management Act 7 of 2007, s 57.”

Publications

National

Viljoen Germarié “Construing the transformed property paradigm of South Africa’s water law: new opportunities presented by legal pluralism?” 2021 The Journal of Legal Pluralism and Unofficial Law DOI: 10.1080/07329113.2021.2004718

International

UNEP “Production Gap Report 2021” (20 October 2021)

UNEP “Adaptation Gap Report 2021” (1 November 2021)

Evaeus B (ed) “Transforming Cities Together: A Public Engagement Guide for Cities” (WWF 2021)

2021 Transnational Environmental Law 10(3) is now available online

Casado Pérez V “Reclaiming the Streets” 2021 106 Iowa Law Review

Eckstein G “The Status of the UN Watercourses Convention: Does it Still Hold Water?” 2020 36(2-3) International Journal of Water Resources Development 429

Eckstein G and Sanchez R “Groundwater Management in the Borderlands of Mexico and Texas: The Beauty of the Unknown, the Negligence of the Present, and the Way Forward” 2020 56(3) Water Resources Research 1

Garcia-Sanchez Guillermo “When Drills and Pipelines Cross Indigenous Lands in the Americas” 2021 51.4 Seton Hall Law Review

Garcia-Sanchez Guillermo “The Footprint of the Chinese PetroDragon: The Future of Investment Law in Transboundary Resources” 2020 94 Tulane Law Review 313

Garcia-Sanchez Guillermo “The Mexican petroleum license of 2013” in The Character of Petroleum Licenses (Edward Elgar 2020).

Mormann, F. Why the divestment movement is missing the mark. Nat. Clim. Chang. 10, 1067–1068 (2020). https://doi.org/10.1038/s41558-020-00950-2

Longden T et al “‘Clean’ hydrogen? – Comparing the emissions and costs of fossil fuel versus renewable electricity based hydrogen” 2022 Applied Energy https://doi.org/10.1016/j.apenergy.2021.118145

Kalen S “A Bridge to Nowhere? Our Energy Transition and the Natural Gas Pipeline Wars” 2020 9(2) Michigan Journal of Environmental and Administrative Law

Powers M “Natural Gas Lock-In” 2021 69 Kansas Law Review 889

Payne H “The Natural Gas Paradox: Shutting Down a System Designed to Operate Forever” 2021 80 Maryland Law Review 693 Seton Hall Public Law Research Paper Forthcoming, available at SSRN: https://ssrn.com/abstract=3584378

Serkin C and Vandenbergh MP “Prospective Grandfathering: Anticipating the Energy Transition Problem”  2017 Minnesota Law Review https://ssrn.com/abstract=3024197 or http://dx.doi.org/10.2139/ssrn.3024197

Stein AL “Breaking Energy Path Dependencies” 2017 82(559) Brooklyn Law https://ssrn.com/abstract=3012971

Valova R et al “Zero Net Gas: A Framework for Managing Gas Demand Reduction as a Pathway to Decarbonizing the Buildings Sector” (Pace Energy and Climate Center Report 2020)

Valova R et al “Zero Net Gas: A Framework for Managing Gas Demand Reduction as a Pathway to Decarbonizing the Buildings Sector” (Report July 2020)

Coleman E “One State Becomes First in the Nation to Preempt City Natural Gas Bans” Route Fifty (25 February 2020)

Prevost L “New Hampshire Gas Law Handcuffs Local Government on Climate-friendly Construction” 2021 Energy News Network (27 September)

Gutierrez AA et al “Wildfire response to changing daily temperature extremes in California’s Sierra Nevada” 2021 7(47) Science Advances  DOI: 10.1126/sciadv.abe6417

ICLEI: “EcoLogistics Low Carbon Action Plan for Urban Freight (LCAP-UF) – A guide to developing an LCAP-UF” (Report 2020)

The Global Network for Human Rights and the Environment (gnhre.org) is calling for blog posts on COP26 (including opinions, commentaries, notes, descriptions, photos etc etc). If you’re interested in writing a blog post, please send an email to

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

Legislation: More changes to Forests Amendment Bill
“The 2016 National Forests Amendment Bill’s ‘B’ version could soon be returned to the National Assembly with recommendations for more changes. Reflected in an NCOP Land Reform, Mineral Resources & Energy Committee report tabled in the House this week, they include rewording the Act’s proposed new sub-section 23(4), restricting mining activity in a state forest to ‘gravel or sand for road maintenance’ in terms of the existing lease agreement. The committee has also proposed definitions for ‘destruction of natural forest’ and ‘new land use’.”  Read full report in Legalbrief Policy Watch 19 November 2021

Daily Maverick: Webster D “Where kings swim: Fears N2 Wild Coast Road project will threaten giant trevally migration while paving over residents’ histories” 19 November 2021

Daily Maverick: Ngwenya T “Two men nabbed with rhino horn in Gauteng testify that police solicited a R30K bribe to release them” 18 November 2021

Daily Maverick: Pinnock D “Environmentalists and hunters slam government over proposals for the trophy hunting of elephants, leopards and rhinos” 16 November 2021

News24: Seleka N “’What they are doing is sad and emotional’ – poachers use snares to trap animals in Kruger Park” 21 November 2021

News24: Seleka N “Father and son, in possession of rhino horns and shark fins, sentenced to 14 years” 20 November 2021

Timeslive: Patrick A “Blast at Motherwell house blows the lid off illegal abalone processing facility” 21 November 2021

The Conversation: Rice WS “How South Africa can get communities involved in conserving coastal and marine areas” 21 November 2021

Engineering News: “Oil spill sees 80 litres of fuel enter Algoa Bay, possibly endangering seabirds” 18 November 2021

Climate Change and Energy

DFFE: “South Africa welcomes the outcomes of the UNFCCC´S COP 26/CMP16/CMA3” 17 November 2021

The Conversation: Tyler E “Climate finance for a transition away from coal: a chance to change history in South Africa” 12 November 2021

News24: Karrim A “Eskom war: Drones, canines and specialist services procured to crack down on Tutuka theft, corruption accreditation” 18 November 2021

Business Day: Donnelly L “Treasury’s foot-dragging is partly to blame, says Eskom CEO” 17 November 2021

The Conversation: Müller F “South Africa’s energy transition package: still in green and brown camouflage” 17 November 2021

Extractives Baraza: “South Africa: UKCI, Norfund Back Local Investment in 700-MW S African Wind Portfolio” 16 November 2021

The Conversation: Bradlow D “Central banks and climate change: how they can play a role in managing the fallout” 15 November 2021

Fin24: Smith C “Eskom sabotage: Some playing Russian roulette with SA economy, says De Ruyter” 20 November 2021

Daily Maverick: Haffajee F “André de Ruyter: Deliberate acts of sabotage are causing power cuts” 19 November 2021

News24: Cowan K “Exclusive | ‘Looks like it’s war’ – Eskom official after gravity defying pylon’s fall at Lethabo power station” 19 November 2021

IOL: Ginindza B “Eskom systems ’under practical siege from aggrieved tenderpreneurs’, says De Ruyter” 19 November 2021

Bizcommunity: “Discussions underway on moving Eskom to DMRE” 19 November 2021

Bizcommunity: Dickerson L “The need for back-up power must be measured against the environmental cost” 19 November 2021

Daily Maverick: Overy N “Retrofitting Koeberg power station is more likely to provoke a catastrophe than preserve energy — the plant should be closed” 17 November 2021

Daily Maverick: Heywood M “The Presidential Climate Commission must find common ground in pioneering a social compact for a ‘just transition’” 17 November 2021

IOL: Jacobs Y “This is how much ’going off the grid’ really costs” 21 November 2021

Bizcommunity: “Why solar energy holds huge potential for electric minibus taxis” 17 November 2021

Bizcommunity: “Eskom crisis requires integrated solution – Gordhan” 18 November 2021

Bizcommunity: Tyler E “Climate finance for a transition away from coal: a chance to change history in South Africa” 16 November 2021

Engineering News: Creamer T “Eskom not holding up RMIPPPP projects, De Ruyter insists” 19 November 2021

Engineering News: Creamer T “Final industrial masterplan for renewables expected by March” 18 November 2021

Engineering News: Bulbulia T “Recovery plan under way at Tutuka power station – Eskom” 18 November 2021

Engineering News: Burger S “Building climate resilience important for agriculture, forestry and land use sustainability” 18 November 2021

CER: “No time left: Sasol faces the heat for inadequate climate change commitments at its AGM” 19 November 2021

CER: “Carbon criminal Sasol shows no real signs of reforming dirty operations” 18 November 2021

CER: “Youth-led #CancelCoal climate case launched against government’s plans for new coal-fired power” 17 November 2021

SANews: “KZN commits to support new developments to reduce carbon footprint” 19 November 2021

Polity: “South Africa’s energy transition package: still in green and brown camouflage” 18 November 2021

Environmental enforcement

Business Day: Winning A and Phakathi B “Civil society groups take state to court over coal power plan” 18 November 2021

Daily Maverick: Ellis E “No water: Judge issues strict deadline for government cooperation — while Eastern Cape residents suffer” 15 November 2021

Mail & Guardian: Ngcukaitobi T “Let us never forget: The South African Constitution is written in blood” 21 November 2021

Local Government

ICLEI City Talk: Strydom A “Taking concrete steps to get climate finance to cities” 4 November 2021

GroundUp: Mafata M “’We rely on dams and crocodile-infested rivers for water’” 19 November 2021

GroundUp: Sizani M “Post office, SASSA office, library and community centre have all closed down in Madiba’s hometown – Unpaid electricity bills and armed robberies have collapsed Qunu’s multi-purpose community centre” 19 November 2021

GroundUp: Damons M “City of Cape Town appeals interdict stopping shack demolitions during lockdown – The City told the Supreme Court of Appeal the interdict has hindered its ability to protect property and to roll out housing” 16 November 2021

Daily Maverick: Kretzmann S “Sewage top of his mind as Hill-Lewis takes mayoral chain in Cape Town” 19 November 2021

News24: Masuabi Q “Water finances are being misused – Mchunu” 21 November 2021

Bizcommunity: “July unrest shows need for anti-poverty programmes” 19 November 2021

Bizcommunity: “Clanwilliam’s EcoBricks Challenge calls on its citizens to become changemakers and EcoBrick champions!” 18 November 2021

BBC: Wong T “The man turning cities into giant sponges to embrace floods” 11 November 2021

Mining

News24: Bhengu L “7 arrested in Free State for allegedly using companies to launder money from illegal mining accreditation” 15 November 2021

GroundUp: Yeld J “Constitutional Court dismisses coal-mining company’s appeal bid – ‘Impact of coal mining and burning on global warming is irrefutable’ says environmental activist” 17 November 2021

Daily Maverick: Evans J “Expert argues SA uniquely placed, has responsibility, to curb massive Russian oil and gas exploration interests in Antarctic” 17 November 2021

Daily Maverick: Sgqolana T “Shell can go to hell: Petition against Wild Coast shale gas exploration grows” 15 November 2021

YouTube: “Save The Wild Coast Transkei South Africa – Shell Oil face growing outrage” 14 November 2021 – Petition against exploration

IOL: “Watch: Environmental activists protest against seismic survey for oil at V&A Waterfront” 21 November 2021

IOL: Faku D “Orion Minerals’ Prieska mine goes green” 19 November 2021

Bizcommunity: Bhoola Y, Mulindi C and Raseroka G “SA’s mining sector regulation and charting the way on local content targets in 2021” 16 Noveber 2021

Mining Weekly: Slater D “Dog-like robot launched in South Africa to automate hard-to-reach mining environments” 19 November 2021

Mining Weekly: Liedtke S “Battery-grade nickel demand to grow as world sets sights on low-carbon future” 19 November 2021

Water, Waste, Oceans and Chemicals

GroundUp: Mutandiro K “Eviction of Centurion reclaimers halted – Tshwane municipality told to fully comply with court order to provide group with suitable temporary housing” 16 November 2021

Daily Maverick: Begg A “Declare South Africa’s wastewater treatment a national disaster, urges SAHRC” 18 November 2021

Bizcommunity: “South Africa, Denmark renew water pact for five years” 18 November 2021

TimesLive: Skiti S “Report red flags ‘irregular’ contract payments by Umgeni Water” 21 November 2021 [subscription needed]

allAfrica: “South Africa: Water Levels Below 50% As Drought Rips Through Eastern Cape” 21 November 2021

Engineering News: Burger S “CSIR water research centre warns against excessive water use” 18 November 2021

SANews: “Increase in SARS-CoV-2 RNA levels in wastewater” 19 November 2021

Miscellaneous

IISD SDG Knowledge Hub: “How South Africa is Data Mapping the Social Vulnerabilities of COVID-19” 18 November 2021

Daily Maverick: Heywood M “UN Committee unhappy with South Africa’s progress on socioeconomic rights — again” 16 November 2021

Lexology ENS: “Africa tax in brief – Nov2021” 14 November 2021

GroundUp:  Mutandiro K “Immigrants in JHB claim they are being denied health care – Public interest law centre considers legal action against Gauteng health department’s latest ‘xenophobic’ policies” 17 November 2021

GroundUp: Sizani M “Attacks, stock theft, shrinking pastures, drought and a lack of vets: Eastern Cape horse owners in dire straits – As government prioritises food production, horse farmers are left out” 17 November 2021

amaBhungane: “Update: #EarthCrimes – Limpopo’s dirty great white elephant” 18 November 2021

Mining Weekly: Liedtke S “China withdraws funding from Limpopo 3 GW SEZ power project” 18 November 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

The Conversation: Kristensen JA “Climate change: how elephants help pump planet-warming carbon underground” 18 November 2021

Daily Maverick: Nkomo M “Africa still has a long way to go in decolonising conservation systems” 15 November 2021

allAfrica: Allison E and Okafor-Yarwood I “African Marine Rules Favour Big Industry, Leaving Small-Scale Fishers in the Lurch” 19 November 2021

allAfrica: Taylor M “Africa: Nature-Pact Goal to Protect 30 Percent of Land and Ocean Hangs in Balance” 19 November 2021

allAfrica: Nkurunziza M “Rwanda: New Conservation Law to Promote Fair Sharing of Genetic Resources” 19 November 2021

allAfrica: Hartman A “Namibia: Namib Reptiles ‘Disappearing At an Alarming Rate’” 18 November 2021

allAfrica: “Kenya: New Report Reveals Widespread Human Rights Abuses Behind Wildlife Conservancies” 18 November 2021

Climate Change and Energy

IISD SDG Knowledge Hub: “Capacity Needed to Develop Adaptation Plans: Glasgow Side Events” 17 November 2021

The Conversation: Gaventa J “Fresh insights on how to create civic spaces in authoritarian settings: small steps matter” 17 November 2021

Offgrid: “Namibia Announces US$9.4bn Green Hydrogen Project” 16 November 2021

ICLEI City Talk: Strydom A “How The Gambia became the first country set to fully honor the Paris Agreement” 5 November 2021

Daily Maverick: Ndikumana L “For big polluters of the North to honour climate debt, we must ramp up taxes on multinationals and the mega-wealthy” 18 November 2021

Daily Maverick: Sgqolana T “Barbara Creecy: African countries need support — and about R4-trillion — to move from fossil fuels” 17 November 2021

Daily Maverick: Naidoo D “The potential of Africa’s considerable fossil fuel reserves remains a fly in the ointment of renewable energy transition”

Bizcommunity: Rashad M “Africa-focused Lekela plans to spend $2bn to double renewables capacity” 15 November 2021

allAfrica: Sylla MB “Africa: What African Countries Got Out of COP26” 19 November 2021

allAfrica: Akitunde B “Nigeria: Buhari Signs Nigeria’s Climate Change Bill Into Law” 18 November 2021

DW: “Oil pipeline in Eastern Africa: Profit over Environment?” 18 November 2021

Environmental enforcement

Natural Justice: “The Protection of Land and Environmental Defenders in Africa Session Summary” 15 November 2021

Local government

The Conversation: Van den Boogaard V “Citizens of fragile states can fund public services directly – it’s working in Somalia” 14 November 2021

Sunday Times Daily: “R165m: that’s how much Emfuleni has wasted on a trio of non-starters” 14 November 2021

allAfrica: “Nigeria: Yet Another Gas Explosion” 19 November 2021

allAfrica: Bello B “Nigeria: Kano Govt Budgets N6 Billion to Tackle Water Shortage As Public Taps Dry Up” 19 November 2021

allAfrica: Muleya T “Zimbabwe: Govt Accelerates Smart Cities Implementation” 18 November 2021

Mining

Extractives Baraza: “Senegal: Senegal’s Financial Sector to Fuel a New Oil & Gas-Powered Economy” 16 November 2021

Extractives Baraza: “Mozambique: Coral-Sul FLNG Complete, Ready to Set Sail for Mozambique” 16 November 2021

Fin24: Steyn L “Mantashe calls on Africa to unite against ‘coercion’ by global anti-fossil fuel agenda accreditation” 6 November 2021 [IBA Legalbrief Africa 15 November 2021]

Bizcommunity: “Russia’s Nornickel resolves dispute with Botswana, gets compensation” 18 November 2021

allAfrica: Mastasva F “Zimbabwe: Chinese Miner Ignores Environment Assessment, Starts Quarry Mining in Dangamvura, Mutare” 18 November 2021

Mining Weekly: Bulbulia T “IronRidge granted exploration licence for Cape Coast in Ghana” 19 November 2021

Water, oceans, waste and chemicals

News24: “’Perfect storm is brewing’ – Somalia faces ‘rapidly worsening’ drought, says UN” 19 November 2021

Bizcommunity: “Nestlé successfully pilots industry-first tech to cut carbon emissions, recycle wastewater” 19 November 2021

Bizcommunity: “Namibia to host virtual 2021 Africa Water and Sanitation Week” 19 November 2021

Miscellaneous

IISD ENB: 8th Africa Regional Platform for Disaster Risk Reduction | 16–19 November 2021 | Nairobi, Kenya, and Online

Fin24: Ndebele L “Botswana moves to restrict business activities for foreigners” 9 November 2021

DW: “Opinion: Africa must lead on sustainable industrialization” 20 November 2021

International

Biodiversity, Protected Areas, and Culture

Lexology: “Bans on beef and coffee to tackle deforestation” 18 November 2021

BBC: “Brazil: Amazon sees worst deforestation levels in 15 years”19 November 2021

DW: “Brazil accused of ‘greenwashing’ the Amazon’s deforestation” 20 November 2021

Science: Cornwall W “Europe’s declining butterflies find new refuge: old quarries and coal mines” 18 November 2021

Science: Pennisi E “Satellites offer new ways to study ecosystems—and maybe even save them” 18 November 2021

The Conversation: Devine J “Organized crime is a top driver of global deforestation – along with beef, soy, palm oil and wood products” 15 November 2021

University of Copenhagen: “Researchers puncture explanation for largest increase of biodiversity in Earth’s history” 10 November 2021

Youtube: “Next steps for the post-2020 Global Biodiversity Framework” 16 November 2021

Network Nature: “Bridging COP26 and COP15: EU highlights the need to tackle the nature and climate crises together” 29 October 2021

News24: “Mutant South African vygies are creating an environmental emergency on a British island” 20 November 2021

The Jurist: Profiri I “European Union announces proposals on combating deforestation, waste management” 17 November 2021

The Guardian: Blair L “Indigenous community evicted as land clashes over agribusiness rock Paraguay” 21 November 2021

The Guardian: Canon G “Monarch butterflies may be thriving after years of decline. Is it a comeback?” 21 November 2021

The Guardian: Pinto-Rodrigues A “Farmers tempt endangered cranes back – by growing their favourite food” 20 November 2021

The Guardian: Golden H “‘Heal the past’: first Native American confirmed to oversee national parks” 20 November 2021

Climate Change and Energy

COP26

Pursuit: Peel J “What was Achieved at COP26? As the dust settles on the international climate negotiations at COP26, 1.5°C may still be alive but it’s on life support and the road from Glasgow remains an uphill climb” 14 November 2021

Aljazeera: Ravi DA “The climate crisis is about the Global South’s present – Not the Global North’s future” 12 November 2021

The Harvard Gazette: Stavins R “Separating signal from noise at COP26” 17 November 2021

IISD SDG Knowledge Hub: “COP 26 Events Show Climate Ties to Locust Upsurge, Adaptation in Agriculture” 17 November 2021

Lexology: “Post-summit analysis: How successful has COP26 been in stepping up the fight against climate change?” 17 November 2021

Lexology: “Webinar: COP26 in conversation” 17 November 2021

Lexology: “Post-COP26: A follow-up briefing on key business issues” 16 November 2021

Lexology: “Reflecting on COP26” 17 November 2021

Lexology: “The 2021 Glasgow Climate Pact – A New Climate Deal” 17 November 2021

Lexology: “Paris Agreement Article 6 Rules” 17 November 2021

Lexology: “COP26 and the built environment” [Ireland] 17 November 2021

Carbon Pulse: “Analysis: REDD faces longer road to Paris era crediting after Glasgow talks setback” 19 November 2021

Climate Home News: “’It’s going to get bumpy!’ – Papua New Guinea sparked final day panic at Cop26” 18 November 2021

Thomas Reuters Foundation: “During COP26, Facebook served ads with climate falsehoods, scepticism” 18 November 2021

IISD SDG Knowledge Hub: “Governments Adopt Glasgow Climate Pact, Operationalize Paris Agreement” 16 November 2021

IISD SDG Knowledge Hub: “Financing, Gender in NDCs Highlighted at COP 26 Side Events” 16 November 2021

Carbon Pulse: “Analysis: Glasgow could be a ‘game-changer’ for fossil fuel subsidies” 17 November 2021

Carbon Pulse: “COMMENT: A Brave New (Article 6) World” 17 November 2021

Lawfare: Nevitt M “Key Takeaways From the Glasgow Climate Pact” 17 November 2021

IISD SDG Knowledge Hub: “Vast Majority of Climate Actions Must Be Local: COP 26 Pavilion Discussions” 16 November 2021

Extractives Baraza: “Carbon Trading Framework Agreed at Climate Change Summit” 16 November 2021

Lexology: “COP26 Week Two Roundup: Adaptation, Innovation, and Other Key Updates” 13 November 2021

The Conversation: Hoicka CE et al “COP26: experts react to the UN climate summit and Glasgow Pact” 14 November 2021

Carbon Pulse: “Nations pledge to adjust voluntary units, not use pre-2020 offsets” 15 November 2021

Daily Maverick:  Bloom K “Environmental racism: COP26 failed the indigenous people of the world” 17 November 2021

The Jurist: Geris E “UN chief says COP26 climate agreement is not enough” 15 November 2021

The Guardian: Michaelson R and Harvey F “Cop27 is in Egypt next year … but will anyone be allowed to protest?” 21 November 2021

Carbon Brief: “COP26: Key outcomes for food, forests, land use and nature in Glasgow” 17 November 2021

Other

Lexology: “Key Energy Provisions in Biden Administration’s $1.2 Trillion Infrastructure Investment and Jobs Act” 17 November 2021

Lexology: “Energy, Environment and Tribal Provisions in the Bipartisan Infrastructure Package” 18 November 2021

Lexology: “Introduction: the Scottish Government’s Draft Hydrogen Action Plan” 17 November 2021

SAFE: “Green finance makes a limited contribution to climate protection” 18 November 2021

Union of Concerned Scientists: “Infographic: The Climate Risks of Natural Gas” 3 February 2014 [but still relevant to the gas question today]

The Conversation: Barnard P and Moomaw W “Six areas where action must focus to rescue this planet” 12 November 2021

Carbon Pulse: “Brussels considers setting 2030 carbon removals goal -leaked document” 19 November 2021

Carbon Pulse: “California power emissions fall in September as gas generation wanes” 19 November 2021

Carbon Pulse: “Update – EU watchdog finds no proof of carbon market abuse -preliminary report” 18 November 2021

CNBC: Frangoul A “Construction starts at America’s first major offshore wind farm” 19 November 2021

Financial Review: Greber J “Bob Brown targets hydrogen revolution” [Australia] 19 November 2021

Renew Economy: Mazengarb M “Australian researchers close in on low cost solar hydrogen tech, with no electrolysers” 19 November 2021

Renew Economy: Mazengarb M “Massive 6,000MW wind and solar hub proposed in South Australia to power green hydrogen exports” 18 November 2021

Reuters: “Feed to cut cow methane emissions gets provisional nod in EU” 19 November 2021

Carbon Pulse: “China announces $31-bln facility to support “clean” coal” 18 November 2021

Euractiv: Kurmayer NJ “Austria ready to sue EU over nuclear’s inclusion in green finance taxonomy” 18 November 2021

Euractiv: Kurmayer NJ “Heating homes with hydrogen fails on economic and climate merit: report” 18 November 2021

Science: Voosen P “High-flying wildfire smoke may threaten ozone layer” 18 November 2021

CTV: Lambert S “Manitoba premier says she will end court fight, negotiate carbon price with Ottawa” [Canada] 18 November 2021

IOL: “Citizens across the world are using technology and alternative energy to overcome power challenges” 14 November 2021

Reuters: Mason J “White House sends Kigali amendment on climate-warming gases to Senate” 17 November 2021

The Guardian: Milman O “Climate denial is waning on the right. What’s replacing it might be just as scary” 21 November 2021

The Guardian: “Floods and wildfires are now normal life in small-town Canada” 21 November 2021

The Independent: Ahmed M “The World Bank must be repurposed to focus on climate – or net zero is a pipe dream” 19 November 2021

Environmental Enforcement

CHR&CJ: Climate Litigation Accelerator

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

Lexology: “New Obligations for Companies to Better Protect Human Rights and the Environment” [Switzerland] 17 November 2021

Lexology: “Landmark decision on pollution and human rights” 15 November 2021

The Jurist: Burnett C “US Supreme Court rejects Volkswagen emissions tampering appeals” 16 November 2021

The Jurist: Govindarajan A “European Commission refers Romania to EU Court of Justice over failure to comply with landfills judgment” 15 November 2021

Amicus Podcast: Dahlia Lithwick is joined by leading environmental lawyer and Harvard professor Richard Lazarus , author of The Rule of Five: Climate History at the US Supreme Court, to discuss cases currently flying under many court-watchers’ radar, which could have a huge impact on our ability to respond to climate change.

Pace | Haub Environmental Annual Lloyd K. Garrison Lecture on Environmental Law:  Professor Erika George, delivered the paper on Monday, November 15, on “Incorporating Human Rights: Corporate Responsibility, Equity, and Just Environments.”

Local government

IISD ENB: UCLG World Council & World Forum of Regions | 17–18 November 2021 | Barcelona, Spain, and Online

Lexology: “Local Authorities and Renewable Energy PPAs” [UK] 17 November 2021

ICLEI: “Moving goods: Low carbon action plan for urban freight @ Daring Cities 2021” 2 November 2021

ICLEI City Talk: Arikan Y “COP26 outcomes: Multilevel action is the beacon of hope to keep the 1.5 degree goal alive” 15 November 2021

ICLEI: Multilevel Action Pavilion at COP 26: 31 October – 13 November 2021 | Glasgow, United Kingdom of Great Britain and Northern Ireland – day to day coverage summaries

ICLEI City Talk: Strydom A “Taking concrete steps to get climate finance to cities” 4 November 2021

ICLEI City Talk: Bizzotto M “Listen. Include. Empower. How local communities take central stage at COP26” 6 November 2021

The Global Covenant of Mayors for Climate Change: The Multilevel Climate Action Playbook for Local and Regional Governments

Bizcommunity: Welch T “Electric cars alone won’t save the planet. We’ll need to design cities so people can walk and cycle safely” 17 November 2021

Bizcommunity: “New partnership aims to improve Cape Town’s water security” 17 November 2021

The Jurist: “India dispatches: ‘Government inaction has resulted in breathless citizens gasping for air’” 14 November 2021

The Guardian: Lu D “Hot in the city: can a ban on dark roofs cool Sydney?” 20 November 2021

Mining

CNBC: Newburger E “U.S. holds historic oil and gas lease sale in Gulf of Mexico days after climate summit” 17 November 2021

The University of Queensland: “UQ working to ensure a secure future for communities affected by resource development” 15 November 2021

The University of Queensland: “New step in mineral processing could help prevent a sand sustainability crisis” 15 November 2021

The University of Queensland: “Building connections between First Nations peoples who have major mines on their lands” 17 November 2021

Daily Maverick: Walters T “Explained: Russia’s 500 billion-barrel bombshell in Earth’s last unmined frontier” 18 November 2021

Mining Weekly: Iannucci E “Critical mineral miners breaking new ground – report” 19 November 2021

Mining Weekly: Iannucci E “WA’s oil and gas future bright – report” [Australia] 19 November 2021

Mining Weekly: “There’s two decades more demand for coal in Asia, exporter says” 18 November 2021

Water, Oceans, Waste and Chemicals

EPA: ‘Revising the Definition of “Waters of the United States”’ 18 November 2021

Lexology: “PFAS State Snapshot: North Carolina PFAS Regulation” [USA] 17 November 2021

Lexology: “Another State Proposes a PFAS Limit While EPA Tries to Catch Up” [USA] 17 November 2021

Reuters: Klesty V “Yara debuts world’s first autonomous electric container ship” 19 November 2021

Science: Stokstad E “Iconic Mediterranean mussel, one of world’s largest, faces ‘imminent extinction’” 18 November 2021

Bizcommunity: “World’s first-ever virtual museum of plastic opens” 16 November 2021

The Jurist: Murray-Ragg N “UK establishes public inquiry to investigate chemical weapons death” 19 November 2021

The Jurist: Brem H “European Commission proposes stricter waste exporting rules” 18 November 2021

The Guardian: McGreal C “Toxic waters devastated Pacific Coast fisheries. But who’s to blame?” 20 November 2021

The Guardian: Paddison L “Reuse? Compost? Dump? Solving the eco-conundrum of nappies” 20 November 2021

The Guardian: Readfearn G “Ocean scientists call for global tracking of oxygen loss that causes dead zones” 20 November 2021

The Independent: Mathers M “Government considers banning single-use plastic plates, cutlery and cups” [UK] 20 November 2021

Carbon Brief: Wasko C et al “Guest post: How hourly rainfall extremes are changing in a warming climate” 18 November 2021

SANews: “BRICS members called to enhance efforts towards water sustainability” 19 November 2021

Miscellaneous

IISD SDG Knowledge Hub: “UNGA Adopts Way Forward on Proposals for Our Common Agenda” 19 November 2021

IISD SDG Knowledge Hub: “ODI Data Visualization Showcases Migrants’ Contributions to the COVID-19 Response” 18 November 2021

Lexology: “Mitigating Risk Exposure to Forced Labour in the Supply Chain: Part I – The Forced Labour Crisis” [Canada] 18 October 2021

Lexology: “Mitigating Risk Exposure to Forced Labour in the Supply Chain: Part II – Canada’s Response to Forced Labour” [Canada] 2 November 2021

Lexology: “Mitigating Risk Exposure to Forced Labour in the Supply Chain: Part III – What Companies Should be Doing Now” [Canada] 17 November 2021

Lexology: “How Can Corporate Governance Matters in the ESG Triad Contribute to a Post-Pandemic Recovery in Latin America?”17 November 2021

Politico: Wanat Z and Bayer L “Brussels takes step toward rule-of-law penalty process with Poland, Hungary” 19 November 2021

Congress.gov: H.R.3684 – Infrastructure Investment and Jobs Act 117th Congress (2021-2022) [USA]

Knowledge Network Documentary: British Columbia: The Untold History – Indigenous, Chinese, Japanese, Punjabi, Black, and European stories are woven together to present an astute look at the complicated histories that shaped BC, Canada as we know it today.

The Jurist: Khandelwal K “India government to repeal controversial farm laws after year-long farmer protests” 20 November 2021

Conferences, Workshops, Study Opportunities

National

International

UBC Centre for Law & the Environment, Indigenous Legal Studies, Centre for Business Law and Anti-Racism & the Law Initiative for a free webinar: “Bearing a Disproportionate Burden: Law, Race, Colonialism and Environmental (In)Justice
Date:  24 November 2021 1:00 pm Pacific time (4 pm Eastern, 10 pm UK, 8 am Nov 25 Sydney)
Free. Register at https://bit.ly/ARLI241121

Institute for Carbon Removal Law and Policy: COP26 Outcomes: Review and Analysis
Date: Tuesday, November 23, 2021
Time: 1:00 pm – 2:00 pm EST / 8:00 PM – 9:00 PM SAST
Registration

Environment, Energy and Natural Resources (EENR) Center at the University of Houston Law Center: Professor Lisa Sachs (Columbia Law School Columbia University) Role and Implications of International Investment Law for Energy, Natural Resources and Climate
Date: 22 November 22 2021
Time: 9:00am U.S. Central Time
Registration

ClimateSmart Cities Assessment Framework: India’s innovative subnational climate reporting initiative
Date: 24 November 2021
Time: 10:00 CET / 14:30 IST / 16:00 WIB / 17:00 CST
Registration

The Asian Development Bank and Asian Environmental Compliance and Enforcement Network are hosting an upcoming webinar on Ecocide
Date: Thursday, 9 December 2021
Time: 5pm to 6:30pm Central European Time
Please register for the webinar here

Publication and webinar: The State of Digital IA Practice
IAIA and FothergillTC  have launched a new publication, “The State of Digital IA Practice.” Register now for Josh Fothergill’s free webinar presentation on 8 December highlighting the pace, scope, and scale of the digital transformation of IA approaches using some of the report’s 20+ case studies.

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

Executive Placements: Senior Lecturer Johannesburg
More information

Executive Placements: Academic Registrar
More information

Enaex: Manager Legal
More information

University of KwaZulu-Natal: Coordinator Research and Higher Degrees
Closing date: 23 November 2021
More information

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

HSRC: Freelancer research assistants (11 month contract)
Closing date: 25 November 2021
More information

International

Energy stipend applications due 24 November
In partnership with the Norwegian Environmental Agency and Norad’s Oil for Development and Energy Programmes, a select number of applicants will receive a stipend to attend the upcoming IAIA22 conference. Full details and application instructions are posted here. Apply by 24 November.

The Chinese University of Hong Kong – Professor(s)/Associate Professor(s)/Assistant Professor(s) in Law & Technology

The University of Hong Kong – Global Academic Fellow (3 posts) in the Department of Law

Forest Carbon Analyst, Finite Carbon – Flexible Location

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

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

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

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Featured Image: Photo by Nicola Smit (Stellenbosch University)

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