February/2019 ENVIRONMENT   Welcome to the Environment Newsletter, a publication prepared by our Environmental Law team. In this edition: Special report on the regulatory impacts derived by Brumadinho case: Brazilian authorities review dams’ environmental policies Rio de Janeiro amends the State Policy on Solid Waste and recognizes mountains ecosystems as a significant environmental interest Sergipe: State Government states new proceedings regarding environmental licensing Brazilian Federal Court of Appeal declares environmental license void and null due to lack of indigenous hearing     Special report on the regulatory impacts derived by Brumadinho case: Brazilian authorities review dams’ environmental policies Ana Luci Grizzi and Leonardo Freire   The collapse of an iron tailing dam in the Municipality of Brumadinho, State of Minas Gerais, on January 25, 2019 (“Brumandinho Case”) triggered Brazilian authorities to review the environmental policies applied to the constructions and operations of dams, especially those concerning the upstream heightening technique commonly used in mining activities. The Brazilian Federal Government has determined: (i) immediate actions to inspect all Brazilian dams classified as high risk or high potential damage; (ii) creation of the Subcommittee of Legislation Review empowered  to draft the Bill of Law that shall update and review the Brazilian Dams Security Act (Federal Law No 12,334/10). Other Brazilian States have taken further actions to address the issue. The State of Pará has nominated a Working Group to discuss the execution of the Brazilian Dams Security Act (Federal Law No 12,334/10) in the State. The Minas Gerais State has also suspended all environmental licensing proceedings connected with the regularization of tailing dams, as well as it has determined the demobilization of all tailings dams that make use of the upstream heightening technique. Additional restrictions and investigations have also been determined by the Brazilian Courts and House of Representatives. Please check our Client Alert on the subject.     Rio de Janeiro amends the State Policy on Solid Waste and recognizes mountains ecosystems as a significant environmental interest Maria Magalhães and Larissa Silva   The State Government of Rio de Janeiro issued on January 22, 2019, the State Law No. 8,298("Law") that amends the State Policy on Solid Waste (State Law No. 4,191 of September 30, 2003) in order to regulate the disposal of solid waste in water reservoirs areas, as well as to provide guidelines for the operation of new and existing sanitary landfills. According to the Law, new landfills may only receive solid wastes upon the definitive Operating License (LO) issued by the state environmental agency. Further, on January 9, 2019 the State Government approved the State Law No 8,280 recognizing the conservation and protection of mountain ecosystems in the territory of the State of Rio de Janeiro as a significant environmental interest. Federal Law No 9,605 of February 12, 1998 (the “Environmental Crimes Act”) foresees criminal sanctions and time of one to three years plus penalty for non-compliance with obligations deemed as significant environmental interest.     Sergipe: State Government states new proceedings regarding environmental licensing Julia Ferreira and Júlia Corá   On December 28, 2018, Sergipe State Government published Law No. 8,947 (“Law”), regulating the state Environmental Licensing Procedure (“ELP”). The Law revoked the previous rules regarding the ELP, determining new administrative procedures, amount of fees, criteria of classification and types of ventures deemed as potentially pollutant which shall be submitted to the environmental licensing. The PLA will be further regulated by Resolutions issued by State Environmental Council (“CEMA”) and Ordinances and Normative Instructions issued by Sergipe Environmental Agency (“ADEMA”).     Brazilian Federal Court of Appeal declares environmental license void and null due to lack of indigenous hearing Leonardo Freire and Daniela Geib    The Brazilian Federal Court of Appeal of the First Region (“TRF1”) published on January 29, 2019 a ruling accepting the appeal filed by the Brazilian Indigenous Foundation (“FUNAI”) and overruled the first instance’s judgment rendered in the records of a civil public action in order to cancel the environmental licenses granted to the implementation of a mining pipe installed in the Legal Amazon. According to TRF1 lack of execution of the free, prior, informed consent of the impacted indigenous community along the environmental licensing procedure violates Convention No 169 issued by the International Labour Organization (“ILO 169”) concerning Indigenous and Tribal Peoples in Independent Countries adhered by Brazil, as well as article 231, § 3ºof the Brazilian Federal Constitution. Based on such understanding the TRF1 also ordered the company responsible for the operation of the mining pipe to compensate the damages derived from the irregular installation of the mining pipe as well as its demobilization from the indigenous area. (TRF1, Fifth Chamber, Appeal No 0019772-56.2006.4.01.3400, Rapporteur Federal Judge Souza Prudente, Published on the Official Gazette on January 29, 2019)     The materials provided herein are for general communication and information purposes only. Our environmental team is available to provide further clarifications and legal advices on such matters.     COORDINATORS Ana Luci Grizzi  Leonardo Freire COLABORATORS FOR THIS EDITION Maria Magalhães Environment Julia Ferreira Environment Daniela Geib Environment Júlia Corá Environment Larissa Silva Environment Follow us for updates: