On June 21, 2022, an NGO filed a first-of-its-kind climate change lawsuit against an investment bank in Brazil. Among other claims, the NGO asserts that the bank allegedly maintains equity positions in sectors considered to be the most carbon-intensive, and, based on such allegation, the plaintiff asks the court to compel the bank to prepare

In a previous blog post that can be read here, we provided an overview on how – for the first time – the Brazilian Supreme Court had trial sessions scheduled in connection with several climate litigation cases, starting on 30 March 2022, covering ADIs (Ação Direta de Inconstitucionalidade), ADOs (Ação Direta de Inconstitucionalidade por Omissão) and ADPFs (Ação de Descumprimento de Preceito Fundamental), all of which are types of lawsuits that seek to address Constitutional violations. Two months later, five lawsuits of the so-called Supreme Court’s “green agenda” have gone through trial and three have been ruled on.

Continue Reading Climate Litigation and the Brazilian Supreme Court: A Follow-Up on the “Green Agenda” and the Trial Sessions That Took Place in April and May

On May 19, 2022, the Brazilian Federal Government published Decree No. 11,075/2022 (“Decree”), which establishes the National Greenhouse Gas Emissions Reduction System and the related procedures for the implementation of the Sectoral Plans for Climate Change Mitigation. The Brazilian National Policy on Climate Change (Federal Law No. 12,187/2009) mentions the implementation of such

On March 21, 2022, the Brazilian Government launched a new package of incentive measures seeking to stimulate programs and actions to reduce methane emissions, particularly through development of biogas and biomethane initiatives. The new package – called Federal Strategy of Incentive to the Sustainable Use of Biogas and Biomethane – includes the Methane Zero National Program and is aligned with the commitments made by Brazil in the context of COP26, the Global Methane Pledge and other domestic regulatory efforts, such as the National Policy on Waste Management.

Continue Reading Brazil launches Methane Zero National Program with a package of incentive measures to biogas and biomethane

Amidst the recent uptrend of climate litigation cases in Brazil, the Brazilian Supreme Court has scheduled for March 30, 2022 a trial session covering several different lawsuits involving the protection of the environment and effects on climate change. This is an important milestone for the Brazilian climate litigation landscape, as this is the first time a Supreme Court session will be exclusively dedicated to climate-themed cases.

Continue Reading Brazilian Supreme Court Climate Litigation Day: Justices to Decide Several Climate Litigation Cases on March 30

The Brazilian Securities Commission (CVM) issued, on December 22, 2021, CVM Resolution No. 59 (RCVM 59), which amends CVM Rule No. 480 (CVM Rule 480). This new normative arises from Public Consultation No. 09, closed in March 2021, and brings substantial innovations on the informational regime for issuers of securities. Indeed, the reform promotes a reduction in the cost of compliance for issuers and greater accessibility of information to investors by eliminating redundancies and simplifying the content required in the Reference Form, the main document of publicly-held companies in Brazil.

However, most importantly, through RCVM 59, CVM in an unprecedented way establishes criteria and requirements for the disclosure of information on environmental, social and governance aspects, which was previously a mere deliberation of issuers to attract investors engaged in ESG aspects, and it was not foreseen in any regulation of the autarchy.

Continue Reading Brazilian Securities Commission Establishes ESG Information Disclosure Criteria for Listed Companies

While climate litigation against private actors in Brazil has been gaining more attention and employing creative legal strategies, as we have already commented here and here, litigation against the government is also keeping pace, as illustrated by a recent case filed against the Brazilian Federal Government and the Ministry of Environment.

On October 26, just a week before the Glasgow Climate Change Conference (COP26), 70 NGOs led by Observatório do Clima filed a public civil action claiming that the current Brazilian National Policy on Climate Change, set forth by Law no. 12,187/2009, is inadequate and unable to provide a response to the current climate crisis. As such, the plaintiffs require that the policy be updated with new commitments, effectively fit to contribute in the fight against climate change.

Continue Reading Climate Litigation in Brazil: New Developments in Seeking Government Action Towards More Ambitious Legislation

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

Following a long-waited ratification (on March 4, 2021), Brazil became a party to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (“Nagoya Protocol” or “Protocol”) on  June 2, 2021. This is an opportunity to dig into some practical consequences of the ratification. One of these consequences relates to offering a possible remedy to clarify one of the pending issues related to the material scope of Law 13123 of May 20, 2015 (the “Brazilian Biodiversity Law” or “Law”).

Continue Reading Biodiversity – Brazil: Does the Nagoya Protocol Set Limits to the Scope of Domestic Legislation?