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Developing Effective Environmental Laws and Policies


Enhancing the Law Governing Air Quality in South Africa

Air pollution resulting from industrial processes, motor vehicle emissions, and even domestic coal and wood fires persists as a major environmental problem in South Africa. Existing air legislation, which is more than 30 years old, focuses primarily on end-of-pipe regulation rather than broader environmental concerns and lacks meaningful air quality standards. ELI discussed these issues with members of a high-level delegation from South Africa’s Department of Environmental Affairs and Tourism (DEAT) visiting Washington, DC in January 2002. Then, at the request of the Department, ELI reviewed and commented on a proposed National Air Quality Management Bill being developed by DEAT. Particular emphasis was placed on cross-cutting issues such as the importance of substantive standards and the need for transparency, public participation, and accountability of government and private sector actors. ELI submitted its final comments to DEAT in February 2002.

African nations, including South Africa, are just beginning to tackle lead pollution that results from use of leaded gasoline. As part of a study tour organized by the U.S. Environmental Protection Agency in September 2003, ELI addressed a visiting South African delegation of government officials, industry representatives, and civil society advocates on the legal ramifications of phasing out leaded gasoline. Participants discussed the U.S. experience of phasing out leaded gasoline and discussed international legal regimes that presently apply to lead and could apply to other additives, such as MTBE. 

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