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Environmental
The effects of the Economic Freedom Law on the licensing of low risk activities
One of the most important changes brought about by Federal Law No. 13,874/19, known as the Economic Freedom Law and arising from the conversion into law of Executive Order No. 881/19, is the waiver of prior licensing for the exercise of economic...
Voluntary carbon emissions offsetting can yield gains for Brazil’s civil aviation image and competitiveness
If viewed as a country, the international civil aviation sector would have the world's 20th GDP but would be among the top ten polluters, with over 2% of global greenhouse gas emissions. It is a significant and rapidly growing environmental impact,...
The Economic Freedom Law and its impacts on environmental laws and regulations
In an extra edition of the Official Federal Gazette of September 20, Law No. 13,874/19 was published, establishing the Declaration of Rights of Economic Freedom, arising from Executive Order No. 881. Although the law does not explicitly mention its...
New legal framework on dam safety and disaster prevention
The breaking of a dam in Mariana in 2015 was not the first incident of its kind in Brazil, but it was a milestone for the mining industry for having caused extensive environmental and social damage in the states of Minas Gerais and Espírito Santo....
Bill No. 2,787/19: elements of the crime of ecocide
Recent environmental accidents in Brazil have generated intense legislative debates, including with respect to changes to the law that establishes the elements of environmental crimes. On June 25 of this year, the Chamber of Deputies approved Bill...
Chamber of Deputies approves bills tightening dam legislation
In response to the rupture of the Brumadinho dam (MG) on January 25th of this year, changes under study and already approved in the legislation aim to tighten the regulations of dams in Brazil. On June 25th, for example, the Chamber of Deputies...
Changes in federal administrative procedure to investigate environmental infractions
Federal Decree No. 9,760, published in April of this year, amends certain provisions of Federal Decree No. 6,514/08, which deals with environmental infractions and sanctions and establishes the federal administrative procedure to investigate them....
Executive Order eliminates deadline for registration in CAR
Executive Order ("MP", in its abbreviation in Portuguese) No. 884, published last Friday, June 14, amended the Forest Code (Law No. 12,651/2012), so as to determine that registration in the Rural Environmental Registry (CAR) "shall be mandatory for...
Relevant normative changes regarding dam safety in early 2019
The beginning of 2019 was marked by important normative changes in safety of dams, mainly mining dams, in order to tighten federal and state regulations. At the federal level, the main regulatory change was Resolution No. 4 of the National Mining...
PCBs: the challenge for the next few years
Polychlorinated biphenyls, known as PCBs, are synthetic substances formed by a mixture of 209 chlorinated compounds. The Stockholm Convention, of which Brazil is a signatory, has classified PCBs as one of the twelve types of persistent organic...
Regularization and adaptation of access to genetic heritage according to the new legal framework for biodiversity
Ordinance No. 01/2017 of the Genetic Heritage Management Council (CGEN) and Federal Law No. 13,123/15 (the new legal framework for biodiversity, which repealed Presidential Decree No. 2,186-16/2001) established the date of November 6, 2018, as the...
Impacts for entrepreneurs of the new rules on the Federal Technical Register of Potentially Polluting Activities
Two new regulations issued by the Brazilian Institute of the Environment and Renewable Natural Resources (“Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis” - IBAMA) regulate the Federal Technical Register of...
Ibama extends deadline for requests to convert environmental fines
The Brazilian Institute for the Environment and Renewable Natural Resources (Ibama) published on August 14, 2018, Normative Instruction (IN) No. 18/2018, in order to allow more covered parties to join the fines conversion program. The new standard...
The challenges of installing offshore wind farms in Brazil
If the high costs resulting from the construction and maintenance of offshore wind farms were not enough, the sector also faces legal uncertainty due to the lack of regulations for environmental licensing. On July 25, 2014, the National...
STF recognizes the general repercussion of appeal on the statute of limitations for civil compensation for environmental damage
The Federal Supreme Court (STF) has recognized the existence of general repercussion of an appeal regarding the inapplicability of the statute of limitations on a claim aiming at civil compensation for environmental damage, in a judgment issued on...
Reverse logistics: an analysis of Cetesb's new requirement for environmental licensing
Decision No. 076/2018/C by the Board of Directors of the Environmental Agency of the State of São Paulo (Cetesb), which conditions the issuance or renewal of environmental licenses on the structuring and implementation of reverse logistics...
RenovaBio: expectations and next steps
Brazil is considered a country with natural characteristics favorable to agribusiness. With its 8.5 million square kilometers, it is the largest country in South America, the fifth largest in the world, and it has the potential to expand its...
Strategic environmental assessment and environmental licensing processes
The Strategic Environmental Assessment (AAE) has been causing concern among companies for some time. This is because, although this study is not legally required for environmental licensing of potentially polluting activities, the absence of the...
Cetesb initiates application of provisions of new legislation on the management of contaminated areas in the State of São Paulo
The Environmental Company of the State of São Paulo (Companhia Ambiental do Estado de São Paulo or “Cetesb”) has already been demanding the payment of the charge for the issuance of technical advice on intervention plans for the reuse of...
Ibama decides that ownership of environmental licensing processes is not specific to the entrepreneur
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