Sustainability Law Specialists

   

Warburton Attorneys works on sustainable development law and policy issues for a broad range of clients including: environmental consultancies, large industrial and mining clients, small to medium sized industrial operations, foreign embassies, non-Governmental Organisations (NGOs), international agencies and government.

Clients & Projects

Warburton Attorneys recognises the importance of assisting groupings whose primary objectives may be to protect the environment but who may be unable to afford to pay environmental lawyers.

Such groupings often help in developing the law by undertaking court action that may set legal precedents and by encouraging other individuals or groups to enforce their environmental rights.

Climate Law & Governance in the Global South Conference in the context of COP17, Durban

The Centre for International Sustainable Development Law (CISDL) together with the International Development Law Organisation (IDLO) and IMBEWU Sustainability Legal Specialists (Pty) Ltd organised an international conference specifically focused on the legal and governance aspects of climate change mitigation, adaptation and finance in the global south. The Conference on 'Climate Law & Governance in the Global South' bought together country representatives, development practitioners, law & governance experts, researchers, academics and other key stakeholders to discuss the most pressing legal issues facing developing country governments and citizens.

The Conference was hosted at the Faculty of Law of the University of Kwa-Zulu Natal, Howard College Campus in Durban on Saturday 3 December & Sunday 4 December 2011 in parallel with COP17.

The Conference was hailed as an unprecedented success by sponsors and supporters who have much experience in organising such events at COP's internationally. It was also the first such Conference in the developing world held simultaneously with a COP on the theme of Climate Law and Governance in the Global South. The objective of the Conference was to catalyze legal thought on climate change and its implications for the development of laws and institutions for developing countries, to promote south-south dialogue and the sharing of legal best practice.

The Conference exceeded expectations in terms of the quality of the keynotes, panels and workshops, the numerous and engaged audience as well as the fruitful exchanges, dialogue and debate that will be pursued beyond this event. Over 150 participants attended the event, including delegates to the UNFCCC COP17 as well as members of the South African legal community. Registration for the conference was open to all and free of charge. Keynote speakers included Ms. Amina Mohamed, Deputy Executive Director of UNEP, Mr. Yannick Glemarec, Director of Climate Finance at UNDP, Mr. Ricardo Melendez-Ortiz, Executive Director of ICTSD, and Prof. Charles E. di Leva, Chief Counsel, Environmental and International Law Unit at the World Bank. Dr Mary Robinson and Kumi Naidoo gave rousing addresses at the launch of the book "Climate Change Liability". The remarks of Dr. Subho Banerjee of the Australian Ministry of Climate Change and Energy were also very well received. The event was primarily sponsored by the Australian Ministry for Climate Change and Energy with support from other firms of attorneys and sponsors.

For more information on the Conference please visit http://cisdl.org/ICCLGGS/. For questions please contact secretariat@cisdl.org.

 

Projects

Gautrain Project: Warburton Attorneys forms part of the legal Province's team and the Province's Management Support Team and advises the Gauteng Province on the environmental legal aspects of the Gautrain Project. In 2006 Warburton Attorneys acted for one of the respondents who were successful in opposing a High Court review application concerning the project. The project is a multi-billion rand government initiative to link Johannesburg and Pretoria with the Johannesburg International Airport by way of a state-of-the-art high-speed rail system. For further information on the project see www.gautrain.co.za.

Warburton Attorneys acts for a number of private nature reserves on environmentally related matters. It has also assisted with objecting to development applications through the Development Facilitation Act processes and as appellant in the EIA appeal process concerning proposed developments which would impact on our clients' operations.

Warburton Attorneys acted for Rescue the Vleesbaai Action Group (REVAG) in its opposition to the PetroSA Proposed Project for the construction of a floating liquefied natural gas facility in Vleesbaai.  For more information see: www.revag.co.za

Warburton Attorneys has been involved in a number of Arbitrations concerning the apportionment of environmental liabilities,

CDM Projects

Warburton Attorneys offers these services to a growing number of carbon credit originators, purchasers, sellers, project developers and brokers.

This section provides a brief description of some of the CDM project-specific work undertaken by the Unit:

  • Organ of state, local government, municipality - South Africa - Providing on-going environmental and carbon legal advice for the development and implementation of landfill gas to electricity CDM projects for a municipality, including drafting and negotiation of ERPAs, environmental legal and CDM process advice.
  • Organ of state, local government, municipality - South Africa - Provided legal advice regarding the implementation of a low-cost housing (energy efficiency) CDM project.
  • Various private companies - South Africa - Providing carbon legal and transactional advice for the development of CDM projects (anaerobic digestion: chicken and pig manure; landfill gas).
  • Private company - South Africa - Provided advice on legal implications for the development of afforestation/reforestation CDM projects.
  • Various private companies - South Africa - Provided legal advice for the development (feasibility phase) of CDM project (waste water).
  • International Investment Bank - London Head Office - Provided carbon legal and transactional advice, including review and comments on ERPA and provision of legal capacity and legal title opinions for purchase and sale of carbon credits from a South Africa located N2O CDM project.
  • Foreign Embassy - South Africa location - Lengthy period (6 years) of on-going environmental legal carbon legal assistance for the development and implementation of various CDM projects in South Africa (biofuels, hydro, wastewater, biomass - fuel switch), including advice during the identification, feasibility assessment and development phases of the projects, and the drafting of relevant contracts, including ERPAs.

For further information regarding projects or experience in a particular area or discipline please contact us.

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