Environmental Law legal &amp; regulatory updates

Nigeria Climate Risk Management Board Strategies Must Adapt to Global Standards

Nigerian firms face compounding pressures from climate-related risks, forcing them to reassess risk management strategies. The inaugural Sustainability Conference in Lagos will equip companies with knowledge and expertise to navigate macroeconomic volatility and regulatory changes.

12 Aug

California Appeals Court: Hell's Kitchen Geothermal Project Violates CEQA

A proposed geothermal plant and lithium mine in Imperial County has been sent back to the drawing board due to environmental concerns. The project's permitting process was found to violate CEQA, specifically with regards to water availability and air quality.

12 Aug

California Court: Exxon Mobil's Climate Disclosure Law Challenge Survives

A federal court in California initially upheld the validity of S.B. 261, a law requiring climate-related financial risk disclosures, but its enforcement is currently halted by a Ninth Circuit injunction. Exxon Mobil's challenge to the law, based on claims that it is preempted by the National Securit

11 Aug

LA County Superior Court: SoCal Edison Inverse Condemnation Bid Denied Over Eaton Fire

Southern California Edison has temporarily avoided liability for damages caused by last year's Eaton Fire. Insurance companies representing policyholders who suffered losses from the wildfire had sought to hold SCE liable under the inverse condemnation theory.

11 Aug

Nigeria

Ogun State Seals Dahua Paper Company for Illegal Dumpsite and River Pollution

The Ogun State Waste Management Authority sealed Dahua Paper Company Ltd. for operating an illegal dumpsite and engaging in open burning of waste. The company was found to be dumping and burning waste at a site opposite its factory, contrary to the Ogun State Environmental and Public Health Law 2006

11 Aug

Togo

Togo Benin Launch Comprehensive Report on Climate Risks to Koutammakou Heritage Site

Togo and Benin have launched a report assessing climate risks and adaptation strategies for the Koutammakou cultural landscape, a cross-border World Heritage site shared by both countries. The assessment aims to guide conservation decisions and mobilize resources to protect the site from climate change impacts. The legal significance of this development lies in its potential to inform conservation efforts and resource allocation for the site. Practitioners should note that the report's findings may influence future management plans and transnational cooperation between Togo and Benin, as mandated by UNESCO. The assessment also highlights the need for greater coordination and capacity-building among local stakeholders. The Koutammakou cultural landscape is protected under the World Heritage Convention (1972), which requires states to ensure the conservation of designated sites. In 2004, Togo's part of the site was inscribed on the UNESCO World Heritage List, while Benin's extension was added in 2023. The report's focus on climate change adaptation strategies reflects the increasing importance of environmental considerations in cultural heritage management. The key parties involved include the governments of Togo and Benin, as well as UNESCO, which has been monitoring the site's conservation efforts. Local stakeholders, including the Batammariba people, are also crucial to the report's implementation. Practitioners should monitor further developments on this matter, particularly with regards to the establishment of a transnational management body and joint management plan.

11 Aug

Ninth Circuit Denies California Water Rights Curtailment Orders Due Process

California companies, Los Molinos Mutual Water Company, Stanford Vina Ranch Irrigation Company, and Peyton Pacific Properties, argued before a Ninth Circuit panel that the state wrongly curtailed their water rights and denied them a due process hearing and compensation. The appeal focuses on water rights held in Mill and Deer creeks in Tehama County, which allow the companies to divert water for some 11,000 acres of land with orchards, pasture, and other uses. The legal significance of this case lies in its potential impact on the balance between private property rights and state regulation. The companies' argument that the State Water Resources Control Board's characterization of an adjudicatory action as legislative denied them due process and constitutional rights is a critical issue for practitioners to monitor. If successful, the appeal could establish new precedents for water rights cases in California. The relevant statutes and regulations involved include the California Constitution, which guarantees due process and equal protection under the law, and the State Water Resources Control Board's authority to regulate water rights. The court hierarchy is also relevant, as the Ninth Circuit panel will review the lower court's decision and potentially set new precedents for future cases. The key parties involved are the companies, Los Molinos Mutual Water Company, Stanford Vina Ranch Irrigation Company, and Peyton Pacific Properties, which are seeking due process and compensation for the taking of their water rights. The State Water Resources Control Board is also a critical party, as its characterization of an adjudicatory action as legislative is at the heart of the companies' appeal. Practitioners should monitor this case closely, as it has significant implications for the balance between private property rights and state regulation in California. Attorneys representing clients with water rights interests should be aware of the potential impact on their cases and consider filing similar appeals if necessary.

11 Aug

Ghana

Ghana NAIMOS: Arrests 40 in Massive Galamsey Crackdown

NAIMOS arrested 40 suspects, including eight individuals apprehended on July 29th at Sikaniasem. The operation resulted in significant seizures of illegal miners' equipment and logistics.

11 Aug

Namibia