Brazil
Public Ministry of the State of Rio Grande do Sul vs. State of Rio Grande do Sul and FEPAM (Carbochemical Complex)
Jurisdiction: Court of Justice of the State of Rio Grande do Sul (TJRS)
Principle law(s): Law 11.488/2007 creating the Special Incentive Scheme for Infrastructure Development (REIDI) and resolution CONAMA 462/2014,Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
Side A: Public Ministry of the State of Rio Grande do Sul (Government)
Side B: State of Rio Grande do Sul and FEPAM (Government)
Core objectives: The Public Prosecutor’s Office seeks to declare the illegality of the construction of the Carbon Chemical Complex in Rio Grande do Sul and the implementation of the State Policy on Mineral Coal
Summary
“Ministério Público do Estado do Rio Grande do Sul vs. Estado do Rio Grande do Sul e FEPAM (Polo Carboquímico)”On November 12, 2019, the Rio Grande do Sul Public Prosecutor’s Office (MPRS) filed a Public Civil Action (environmental class-action) against the State of Rio Grande do Sul and the State Environmental Agency (Fundação Estadual de Proteção Ambiental Henrique Luís Roessler – FEPAM). It seeks to prevent the implementation of the Carbon Chemical Complex in the State as well as the State Policy on Mineral Coal. The MPRS questions the lack of popular participation, especially through public hearings, in the legislative process of State Law 15.047/2017, which authorized the construction of the Carbon Chemical Pole and created the State Policy for Mineral Coal. In addition, it argues that there should be a prior Environmental Impact Assessment (EIS) for the implementation of the Pole, considering the climate impacts of the activities on the site, which will be placed in the complexes of Baixo Jacuí and Campanha, and a Strategic Environmental Assessment before its institution, which must consider the synergistic and global effects of all the activities. The author adds that the policy encourages the use of a highly impactful energy matrix regarding the emission of greenhouse gases (GHG). The MPRS emphasizes the proximity of the carbon-chemical complexes to protected areas and cities. The author alleges that the implementation of the Pole considers only the EIS specific to the Guaíba Mine, not taking into account the entire complex. It argues that the State Law does not consider, among other issues, environmental protection, at odds with the federal and state legislation on climate change. The granting of an injunction is required to prevent, among other measures, (i) the implementation of the State Policy on Mineral Coal and the establishment of the Pole and (ii) the issuance of an environmental license for an enterprise inserted in complexes, up to the realization of public hearings and the development of an EIS and a Strategic Environmental Assessment, prior to the implementation of the Carbon Chemical Pole and the State Policy on Mineral. On a definitive basis, the author requires the confirmation of preliminary injunctions to declare the illegality of the legislative process that led to the State Law.
Case documents
Related laws and policies
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This law implements Brazil legislation
Law 11.488/2007 creating the Special Incentive Scheme for Infrastructure Development (REIDI) and resolution CONAMA 462/2014
This law creates the Special Incentive Scheme for Infrastructure Development (REIDI). This document stipulates that renewable energy projects (solar, wind, biomass, co-generation) are entitled to specific tax credits.Related to this, Resolution CONAMA 462/2014 establishes procedures for the envir...
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This law implements Brazil legislation
Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
This law creates the NPCC with the following key areas of concern: combining climate protection with socio-economic development; reducing anthropogenic GHG emissions from all its sources and strengthening GHG sinks; adaptation; preservation, conservation and recuperation of national biomes; land ...
