Environmental: file of environmental civil public actions by IBAMA

Posted on: Sep 24, 2018

Federal Environmental Agency (“IBAMA”) published on September 19, 2018, Ordinance No. 2,723 (“Ordinance”), determining the administrative planning of environmental public civil actions (“ACPs”) to be filed by IBAMA, aiming at the determination of civil liability arising from environmental violations under IBAMA’s competence.

The National Coordination of Judicial Litigation (“COJUD”), the General Coordination of Environmental Inspection (“CGFIS”) and the Coordination of the Environmental Sanctioning Procedure (“COPSA”) should jointly plan, every six months, to indicate the violations that may be subject to the judiciary.

It is important to highlight that such planning should, preferably:

  • ensure effectiveness of the actions of the Annual Environmental Protection Plan – PNAPA;
  • promote environmental civil liability of relevant violators.

Further, COJUD, CGFIS and COPSA must submit, by June 15 and December 15 of each year, a list of administrative proceedings that may be subject to the judiciary. Exceptionally, the first list must be submitted by October 8, 2018.