FETARN and others vs. Voltalia Energia do Brasil Ltda. and Voltalia S/A (Socio-environmental impacts of the Serra do Mel Wind Farms)

In May, 2025, the Federation of Rural Workers, Farmers and Family Farmers of the State of Rio Grande do Norte (FETARN), the Unified Workers' Central - Rio Grande do Norte (CUT-RN), and the Rural and Urban Assistance Service (SAR) filed a Public Civil Action (ACP) combined with a Collective Civil Action (ACC), against Voltalia Energia do Brasil Ltda. and Voltalia S/A. Plaintiffs argue that the implementation of wind power plants has been causing negative impacts on the inhabitants of the region. It is alleged that the municipality of Serra do Mel currently has 40 wind farm projects, 36 of which are operational and 4 that have not yet started, and that Defendants are responsible for the socio-environmental impacts resulting from the wind farm projects in the municipality of Serra do Mel/RN, and should bear the homogeneous non-pecuniary damages suffered by the represented parties, as well as the collective and diffuse damages resulting from their activity, ensuring full reparation, with mitigation and compensation for the damages caused.

Through this lawsuit, Plaintiffs seek: (i) the granting of urgent relief to suspend the installation and operation of new projects, order the preparation of an EIA/RIMA (Environmental Impact Assessment/Environmental Impact Report), the relocation of towers near residences, and the provision of psychological and medical support to those affected; (ii) the condemnation of the defendants to pay compensation for collective environmental moral damages, in the minimum amount of R$ 106,425,000.00; (iii) Defendants be ordered to pay compensation for homogeneous individual moral damages, in the minimum amount of R$ 100,000.00 per affected substitute; (iv) the rebalancing of the lease agreements, limiting the lease to 50% of the property; (v) Defendants be ordered to pay compensation for homogeneous individual moral damages arising from the excessive burden of the contracts, in the minimum amount of R$ 100,000.00 per substitute; among others.

In a statement acting as custos vulnerabilis, the Public Defender's Office of the State of Rio Grande do Norte, through the Group for Action for a Just Energy Transition (GATEJ), requested to join the proceedings to ensure the protection of the rights of vulnerable communities affected by the expansion of wind power projects. It argues that the energy transition and decarbonization of the energy matrix, while essential to addressing climate change, must observe the paradigm of climate justice and a just energy transition. Relying on the Federal Constitution, international treaties, and Advisory Opinion 32/2025 (PC-32/2025) of the Inter-American Court of Human Rights (IACHR), it defends that the right to a clean, healthy, and safe climate requires (i) compatibility between the promotion of renewable energies and the protection of human rights, through the assessment of cumulative socio-environmental impacts; (ii) effective participation of affected communities; (iii) free, prior, and informed consultation, observance of community protocols; and (iv) the adoption of environmental due diligence measures by companies and the State. Finally, the Public Defender's Office requests its admission to the case as custos vulnerabilis, the granting of a deadline to present supplementary statements after investigations with the affected communities, authorization to participate in the procedural instruction by monitoring the evidence, preparing technical notes and promoting spaces for dialogue, as well as recognition of its legitimacy to foster extrajudicial solutions, including through TACs and agreements aimed at repairing socio-environmental damages and guaranteeing a just energy transition.

In their defense, Voltalia Energia do Brasil Ltda. and Voltalia S/A argue, in summary, the regularity of the environmental licensing process, stating that adequate technical studies were carried out, including an assessment of environmental and climatic impacts, and that there was no omission regarding the analysis of related risks. They also allege that the action does not reflect the position of the majority of the population of Serra do Mel and that any successful outcome of the lawsuit could generate negative impacts on the economy of producers and workers in the region. They argue that the project, being a renewable energy source, contributes to the energy transition, to the mitigation of climate change, and to the promotion of climate justice, being aligned with national and international environmental and climate public policies, with particular concern regarding climate emergencies. In this context, PC-32/2025 of the IACHR is invoked as an interpretative parameter regarding environmental protection and addressing the climate emergency, highlighting the need for harmonization between economic development and environmental protection, as well as the decisive contribution of the project to the consolidation of a clean energy matrix in Rio Grande do Norte and Brazil. Finally, Defendants argue that there is no concrete environmental damage or imminent risk that justifies the suspension of the project. The dismissal of the action in its entirety is requested, with the revocation of any granted injunction and the recognition of the validity of the challenged administrative acts.