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Environmental
Supreme Court: more protective rule prevails in environmental licensing
In a decision rendered in November 2022 in the context of Direct Action of Unconstitutionality 4,529 (ADI 4,529) filed by the Attorney General's Office (PGR), the Supreme Federal Court (STF) ruled that a state norm was unconstitutional, as it...
Cetesb updates rules on issuance of technical opinions
On October 27, 2022, the Environmental Agency of the State of São Paulo (Cetesb) published the Cetesb Board Decision 106/2022/P, which establishes applicable procedures for issuance of technical opinions relating to: management of contaminated...
Cetesb: new environmental licensing procedures
On August 24, of this year, the Environmental Company of the State of São Paulo (Companhia Ambiental do Estado de São Paulo - Cetesb) issued Board Decision 081/2022/P, which updates the procedures to be observed mainly in the environmental...
Rural Heritage in Affectation and Environmental Obligations
Known as the Agro Law, the Law 13,986/20 provides in its Articles 7 and following the Rural Heritage in Affectation (PRA), a kind of guarantee of financing in agribusiness that allows the rural owner the segregation of rural property in its...
Benefits of Ibama's new procedures on environmental damages arising from vegetation suppression
On September 13 of this year, the Brazilian Institute of The Environment and Renewable Natural Resources (Ibama) issued the Ibama Ordinance 83/22, which established the "Standard Operating Procedure (Procedimento Operacional Padrão - POP) for...
Precedent of climatic litigation in Brazil
The Supreme Court (STF) judged, on July 4 of this year, the Investigation of Non-compliance with Fundamental Precept 708 (ADPF 708), one of the actions that make up the so-called Green Agenda and deals with climate litigation, a theme of great...
An important step for the Brazilian carbon market
After more than a decade of waiting, the new regulation of the Brazilian carbon market was enacted last May by Federal Decree No.11,075/22, which establishes the procedures for the drafting of the Sectoral Plans for Mitigation of Climate Change,...
What changes with Federal Decree 11,080/22
Federal Decree 11,080/22 entered into force on May 24, 2022, amending provisions set forth in Federal Decree 6,514/08, one of the most relevant environmental regulatory instruments currently in force. Among other aspects, the decree establishes...
New decrees establish the National Solid Waste Plan and the Recycling Credit Certificate
In order to improve the regulation on solid waste management and recycling in the country, two federal decrees published on April 14 established the National Solid Waste Plan (Planares) and the Recycling Credit Certificate (Recicla+) as a mechanism...
Federal Decree establishes RegularizAgro
With the purpose of advancing the agenda of environmental regularization in all Brazilian biomes and ensure compliance with the Brazilian Forest Code, the Ministry of Agriculture, Livestock and Supply (Ministério da Agricultura, Pecuária e...
Federal Decree 10.950/22: update of the National Contingency Plan for Oil Pollution Incidents in Waters under National Jurisdiction
Oil pollution incidents require a coordinated set of procedures and actions to mitigate their possible impacts, whether on a corporate level or to the ecosystem. For these reasons, such crisis situations are often subject to constant updating of...
New law modifies rules on permanent preservation areas in consolidated urban areas
Federal Law 14,285, published on December 30, 2021, promoted changes in the Forest Code (Federal Law 12,651/12), the Land Use and Parcelling Act (Federal Law 6,766/79) and the law dealing with land regularization of occupations on Federal land in...
Superior Court of Justice publishes new precedent on State’s civil liability for environmental damages
On December 6, 2021, the Superior Court of Justice (STJ) published Precedent 652, establishing the court's understanding on civil liability of the Public Administration for environmental damage in the event of omission ("civil liability of the...
Establishment of the National Green Growth Program encourages sustainable development
A few days before the start of the 26th United Nations Conference on Climate Change (COP-26), the Federal Decree No. 10,846/21 established the National Green Growth Program that has in its essence the concern of uniting the application of...
COP-26: expectations for the 26th Edition of the United Nations Climate Change Conference
Eduardo Ferreira, Aline Barreto Moraes de Castro Philodemos, Camila Argentino, Gabriela Doll Martinelli and Isabel Monteiro de Barros Alfano That are several expectations about the 26th edition of the Conference of the Parties...
Attorney General's Office filed a direct action of unconstitutionality against São Paulo’s law, alleging violation of the constitutional right to prior consultation of traditional and indigenous community
The Attorney General's Office filed the Direct Action of Unconstitutionality (ADI) 7,008, on September 30, with a request for a restraining order against Law 16.260/16 of the state of São Paulo. State law "authorizes the State Treasury to grant...
Incorporation of climate guidelines in Brazil: recent discussions in the legislative and judicial spheres
The growing concern about climate change and the intensification of discussions on the subject are increasingly impacting the country, both in the proposition of new standards involving environmental issues and in the enforcement of existing...
General Environmental Licensing Law: reflection and trends
After 17 years in discussion, the general text for the General Environmental Licensing Law – Bill No. 3,729/04 – has been approved in the House of Representatives last May. The new licensing model proposed by the bill aims to reduce...
Green hydrogen and ESG: together on the path of green recovery in Brazil
Two themes that have been effervescent in the industrial sector and in corporate world are green hydrogen and ESG (acronym for Environmental, Social and Governance, which, in Portuguese, corresponds to Ambiental, Social and Governança). Quite...
Regulation of sensitive points of the State Dam Safety Policy in Minas Gerais
On February 26, the government of Minas Gerais published State Decree No. 48,140/2021, the second of a set of three decrees to regulate State Law No. 23,291/2021, which instituted the State Dam Safety Policy (Pesb). The initiative seeks to...
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