Federal District and Territories Public Prosecutor’s Office vs. Federal District and IBRAM (Omission in implementation of the District’s Climate Change Policy)

In November, 2025, the Federal District and Territories Public Prosecutor's Office filed a Public Civil Action (ACP) against the Federal District and the Federal District Institute of Environment and Water Resources (IBRAM), questioning the government's failure to effectively implement the District Climate Change Policy, especially with regard to the incorporation of climate impact assessments into environmental licensing procedures. It recognizes the serious scenario of the climate crisis caused by human interventions, which implies violations of fundamental rights, and argues that, although district legislation requires the preparation of emissions inventories, greenhouse gas (GHG) mitigation measures, and the integration of climate criteria into environmental impact studies, these commands have remained unregulated and without practical application for more than a decade. The author presents foreign, international, and national precedents that require the inclusion of climate impact assessments in licensing processes and reaffirm the right to a stable climate as a fundamental right. It points out that the National Council of Justice (CNJ) has a recommendation for the control of conventionality in human rights matters. It demonstrates that the contested omission contributes to the worsening of emissions in the Federal District, especially in the transportation sector, which has seen a significant increase in GHG emissions in recent decades, highlighting the disconnect between formal climate policy and government actions. It argues that climate impact assessments of projects must include minimum technical criteria based on the Terms of Reference and Climate Impact Matrix, which include the preparation of emissions inventories that show all GHG emissions in the pre-operation and operation phases of the projects and incorporate scope 1, 2, and 3 emissions. In addition, climate diagnostic studies must contain an assessment of mitigation and adaptation measures. A preliminary injunction is requested to grant urgent relief so that IBRAM (i) requires all projects that are potential GHG emitters to submit an inventory of direct and indirect emissions; (ii) establish the mandatory requirement for proportional mitigation and compensation projects, as well as complementary environmental studies aimed at assessing climate impacts, among others; and (iii) standardize the requirements of the general district environmental licensing rules relating to the subject matter of the claim. It also requires the Federal District to regulate district climate laws, defining procedures, technical criteria, competencies, and administrative flows, establishing minimum standards for GHG inventories, requirements for climate diagnosis, mitigation and compensation measures, as well as monitoring, inspection, and sanctioning instruments, transparency and public participation mechanisms, the mandatory integration of these standards into environmental licensing processes and other sectoral policies of the Federal District, and that the defendants submit semi-annual reports to the Court. On the merits, it requests full confirmation of the provisional injunction and the granting of all requests. In an interlocutory decision, the court recognized the legal plausibility of the claim, stating that climate protection is an essential component of environmental studies and that the prolonged failure of the Federal District and IBRAM to enforce district climate change regulations compromises environmental balance and exacerbates the ongoing climate emergency. The Court emphasized that environmental licensing must necessarily consider direct and indirect impacts related to GHG emissions, stressing that government incentives for road transport and the absence of climate regulations violate the Constitution and prevent the full implementation of the district's climate policy. Having verified the risk of irreparable damage and the environmental harm already underway, the Court granted an interlocutory injunction to require IBRAM to demand GHG emissions inventories and mitigation measures in licensing and to standardize the requirements of district laws, as well as to order the Federal District to fully regulate district climate laws, setting deadlines and fines to ensure compliance with obligations.