Instituto Preservar et. al. v. Copelmi Mineração Ltda. and IBAMA
Jurisdiction: 9th Federal Court of Rio Grande do Sul
Principle law(s): Law 12.187/2009, establishing the National Policy on Climate Change (NPCC), regulated by Decree 7.390/2010
Side A: CEPPA (Ngo)
Side A: COONATERRA-BIONATUR (Ngo)
Side A: INGÁ (Ngo)
Side A: AGAPAN (Ngo)
Side B: Copelmi (Corporation)
Side B: IBAMA (Government)
Core objectives: Whether climate change should be included as a necessary requirement in developing EIAs for thermoelectric power plants
SummaryIn May 2021, four NGOs (AGAPAN, INGÁ, COONATERRA-BIONATUR and CEPPA) filed a request for precautionary measures against the Brazilian environmental agency, IBAMA, and Copelmi, a mining company, related to an open-pit coal mining project within the Nova Seival coal-fired power plant, which, if approved, will be the largest coal power plant in Brazil. The plaintiffs identified a series of irregularities in the permitting process, including: (i) inadequate public participation, (ii) the lack of analysis of the EIA by the environmental agency, and (iii) the risks and impacts caused by the project. The request was subsequently converted into a public civil action. The plaintiffs sought to suspend a public hearing and the permitting procedure until several material issues with the EIA are resolved. The Ministério Público, asked to opine on the case, specifically noted the need to undertake a strategic environmental assessment and asked for the assessment of climate change impacts in the general terms of reference for EIAs related to thermal power stations.
Related laws and policies
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 ...