Just months after we discussed a recent climate lawsuit filed in Brazil against a rural landowner due to alleged illegal deforestation in the Amazon, a new chapter in Brazilian climate litigation unfolds and reinforces the trend of climate change lawsuits against public and private entities. In this Blog Post, we take a look at this new precedent and how it further impacts climate change discussions in the context of carbon-intensive activities.

Continue Reading Climate Litigation in Brazil: New Lawsuit Seeks to Bring Climate Change Discussions to the Core of Environmental Licensing of Carbon-Intensive Activities

Following global trends of climate litigation against governments evolving to litigation against private entities, a new lawsuit recently filed in Brazil is an interesting development in the country. In this blog post, we provide an overview on this new lawsuit in consideration to what is next in climate litigation in Brazil.

Continue Reading Climate litigation in Brazil: new strategy from prosecutors on climate litigation against private entities

As our readers are well aware, climate change and stakeholder litigation is on a global uptrend as it has never been before. Whether claims are brought against governments or companies, whether these claims are accepted or dismissed, and whether they involve domestic or cross-border matters, there is already a plethora of precedents worldwide involving climate issues and stakeholder litigation, each playing their own part on the grand scheme of legal measures and instruments available for fighting global warming. However, only a handful of these precedents are as significant as the decision issued on May 26th, 2021, by the Hague District Court in Milieudefensie et. al. v. Royal Dutch Shell.

In summary, the Hague District Court has ordered Shell to reduce its CO2 emission levels by 45% by 2030, compared to 2019 levels. In this Blog Post, we provide an overview on this decision and on how it may be a game changer when it comes to climate change and stakeholder litigation.


Continue Reading Unprecedented Decision Sets a Milestone for Climate Change Litigation Cases: What’s Next?

With the surge of climate and stakeholder litigation all over the globe–comprising climate, supply chain and human rights issues–not only should governments be concerned, but mainly the private sector. It is not new that, in addition to creating stakeholder engagement and pushing forward public policies, ESG concerns pose significant reputational and financial risks, particularly to corporations. This is not only true for those companies dedicated to carbon-intensive activities or exposed to supply chain liabilities, but also to financial institutions enabling the development and expansion of such activities.

This is a particularly relevant matter in Brazil, which already relies on a well-established legal and case law framework capable of supporting sanctions and prosecution against corporations and financial institutions deemed liable in connection with environmental degradation.

In this Blog Post, we discuss the existing legal framework in Brazil with respect to environmental degradation, and how that framework might apply to the broader range of ESG issues, from climate to supply chain and human rights liability.


Continue Reading Climate and Stakeholder Litigation: Why Does It Matter to Companies Operating In Brazil?