THE GROWING CONCERN ABOUT SUSTAINABILITY POSES CHALLENGES FOR ALL SEGMENTS OF THE ECONOMY. WITH STRATEGIC SOLUTIONS, WE HELP OUR CLIENTS TAKE ADVANTAGE OF BUSINESS OPPORTUNITIES AND REDUCE RISKS RELATED TO STRICT AND EVER-CHANGING ENVIRONMENTAL LAWS. OUR PRACTICE COMBINES PROFESSIONAL EXPERTISE ON SPECIFIC ISSUES IN ENVIRONMENTAL LAW WITH THE AGILITY NECESSARY TO PROVIDE INFORMATION THAT ALLOWS FOR CONFIDENCE IN BUSINESS DECISIONS.
ENVIRONMENTAL CONSULTING FOR PROJECT DEVELOPMENT
We participate in the structuring of projects involving the potential of causing pollution or environmental impact. We provide legal advice to clients from the time of the legal audit during the project implementation and environmental licensing process all the way to the actual operation of the project. Our practice confirms that specialized legal advice starting with the planning phase avoids risks of future issues involving the approval of the project and consequent delays in its completion.
In addition to providing legal certainty to the implementation of the project, our services seek to establish a dialogue with a project’s investors, decision makers, and financial backers to translate potential risks and mitigating solutions to be adopted into terms to be negotiated.
Unwanted events can lead to crises with serious repercussions for business operations and a strong impact on public opinion. In our practice, we help companies to open a dialogue with the communities affected by environmental damage, investors, the media, regulators, and prosecutors. Part of our job is to solve conflicts through innovative solutions that go beyond traditional litigation, thereby meeting the needs of the business and reaching the client's objectives.
Our team works in perfect synergy with other office areas to restore legal certainty to and allow for continuity in operations compromised by unwanted events.
We represent our clients in high-stakes and complex judicial and administrative proceedings, preparing pleadings and negotiating the terms of consent decrees with environmental agencies and the Public Prosecutor's Office. Machado Meyer's structure allows us to combine the experience of our professionals in particular niches of environmental law with the technical skills and experience of our litigation team.
IDENTIFICATION, RISK ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL LIABILITIES
We identify and assess risks associated with environmental liabilities during due diligence for mergers and acquisitions, sale of assets, securing of financing, and access to capital markets. We have extensive experience in negotiating contracts involving environmental liabilities and in managing such liabilities after the transaction is completed. We also provide advice on dealing with environmental agencies and prosecutors to address and handle liabilities acquired.
AGRIBUSINESS AND FOREST ISSUES
In addition to its complex and enormous biodiversity, Brazil is recognized for its vocation for agribusiness and the development of forestry activities. The current Forestry Law (12,651/2012), whose constitutionality was verified by the Federal Supreme Court, and several other regulations impose conditions and restrictions on the development of agribusiness and the sustainable exploitation of forest raw material.
With extensive experience and expertise in this area, we advise our clients about setting out strategies to comply with the legal requirements for the development of agribusiness and sustainable forest exploitation, with a focus on mitigating risks related to the environmental impacts of these activities. We also work on rural property acquisition projects and agribusiness partnerships, in conjunction with our real estate team, and advise on the development of research activities and commercial release of Genetically Modified Organisms (GMOs), in compliance with the Biosafety Law (11,105/2005).
Our team has experience in legal due diligence involving emission reduction projects and in drafting contracts for the acquisition of rights to voluntary or certified emission reductions under the Clean Development Mechanisms (CDM).The new climate agreement concluded at COP-21 in Paris is a breakthrough for the planet and for Brazilian companies that want to invest in opportunities for climate change mitigation and for Reducing Emissions from Deforestation and Forest Degradation (REDD +). We use our expertise in areas such as finance, tax, securities, and transactions to advise domestic and multinational companies interested in properly balancing the risks and the opportunities that this market offers in Brazil.
In line with the international guidelines of the Convention on Biological Diversity (CBD) and the new Biodiversity Law (Law No. 13,123/2015), our team provides legal advice to institutions and companies that carry out or intend to conduct product research and development activities using raw materials originating from Brazilian biodiversity. We provide environmental consulting and litigation services throughout this process: risk assessment due to the use of biodiversity components; adequacy and regularization of processes, and monitoring of such processes with the Genetic Heritage Management Council (CGEN); and assistance in defending any disputed cases.