Category Archives: Alerts

Environmental – Environmental Administrative Liability Brazilian: STJ puts an end to the conflict

Posted on: May 27, 2019

On May 8, 2019, the Superior Court of Justice (“STJ”) established that the environmental administrative liability is subjective, confirming that it applies only in case of fault, negligence or willful misconduct. The decision was grounded on Motion No. 1.318.051/RJ that aimed at unifying the conflict between 1st and 2nd STJ’s Panels. The conflict arose when…

Environmental and Mining, Mining Dams: suspension of the environmental licensing proceedings in Minas Gerais and restriction to upstream heightening

Posted on: Jan 31, 2019

Brazilians authorities of the Executive, Legislative and Judiciary Branches have taken actions to suspend and review the environmental licensing proceedings of mining tailing dams. On January 30, 2019, the Minas Gerais State Secretary for Environment and Sustainable Development (SEMAD) issued Resolution No 2,762 suspending all environmental licensing proceedings connected with the regularization of tailings dams…

Environmental, Rio de Janeiro – State Law changes the State Policy on Solid Waste

Posted on: Jan 29, 2019

On January 22, 2019, Law No. 8,298 of January 21, 2019 (“Law”) was published on the Official Electronic Gazette of the State of Rio de Janeiro, amending Law No. 4,191 of September 30, 2003, which established the State Policy on Solid Waste. The new Law defines standards for disposal of solid waste in aquifer areas,…

Environmental, Rio de Janeiro – Water Dam Safety Plan

Posted on: Jan 28, 2019

On January 22, 2019, the Resolution of the State Environmental Institute (INEA) No. 165, dated December 26, 2018, was published on the Official Gazette of the State of Rio de Janeiro, establishing guidelines for drafting the Dam Safety Plan (PSB), regulating national and state dam’s security policies within its jurisdiction. INEA’s authority to inspect the…

Changes to rules on occupational safety and health in mining activities

Posted on: Jan 10, 2019

On December 19th, 2018, the Ministry of Labor published Ordinance No. 1,085/2018, for the purpose of amending Regulation No. 22 (“NR-22”), which regulates aspects related to the mining sector occupational safety and health. The reformed NR-22 therefore brings changes to the sections regarding the Disposal of Tailings, Wastes and Products and the Emergency Response Plan,…

Environmental – Precedents from Superior Court: Environmental Damages

Posted on: Dec 21, 2018

On December 17th, the Superior Court of Justice (STJ) published Precedents No. 623 and 629 regarding civil liability for environmental damages. Precedent No. 623: The environmental obligations have propter rem nature and might be imposed against the current owner or possessor and/or any former owner or possessor, at the creditor’s discretion; Precedent No. 629: The…

Decree No. 9,616 / 2018 – Developments in the Natural Gas Sector Regulation

Posted on: Dec 19, 2018

On December 18, 2018, Decree No. 9,616/2018 (“Decree”) was enacted, amending Decree No. 7,382/2010 – which regulates Chapters I to VI and VIII of Law No. 11,909/2009 (“Gas Law”) – providing for activities related to the transportation, treatment, processing, storage, liquefaction, regasification and commercialization of natural gas. The Decree seeks to advance on certain topics…

The New Mining Agency is finally installed (Decree No. 9,587/18)

Posted on: Nov 28, 2018

On November 27th, 2018, President Temer enacted Decree No. 9,587/18, which shall come into force and effect on December 5th, 2018, determining the installation of the National Mining Agency (ANM), in replacement for the National Department of Mineral Production (DNPM), which shall be extinguished. In addition, President Temer has also established the National Mining Agency’s…

Oil and Gas: New Regulation on access to Seismic/E&P Data in Brazil

Posted on: Nov 27, 2018

The National Agency of Oil, Natural Gas and Biofuels (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis – “ANP”) enacted on November 26, 2018, the Resolution No. 757/2018, regulating the acquisition and processing of data, preparation of studies and access to technical data regarding exploration, development and production of oil and natural gas in Brazilian…

Environmental – Courts: Higher Court approves new binding precedent

Posted on: Oct 26, 2018

The Brazilian Superior Court of Justice (STJ) approved on October 24, 2018 a new binding precedent, No. 618, providing that: “The inversion of the burden of proof is applicable to environmental damage lawsuits”. Binding precedents represent Court’s guidelines on a certain subject, based on previous decisions, aiming at providing legal certainty and stability on Court’s…