Instituto Arayara vs. Estado do Rio Grande do Sul (Just Energy Transition on Rio Grande do Sul State)

On July 19, 2024, the Instituto Internacional Arayara de Educação e Cultura - Instituto Arayara de Educação para a Sustentabilidade filed a Public Civil Action (CPA), with a request for an injunction, against the State of Rio Grande do Sul, seeking the implementation of a just energy transition process within the state. This includes a structured plan to ensure the decommissioning of the fossil fuel-powered thermoelectric sector and adopting a process to rebuild state infrastructure. The causes of action include the catastrophic consequences of the climate crisis experienced by the state; the fact that its fossil fuel-powered thermoelectric sector is one of the least efficient in Brazil, responsible for significant environmental liabilities and a large stock of emissions; and the state’s commitment under the Proclima 2050 program, which falls short of the state's needs in terms of energy transition. It is argued that the thermoelectric sector structure in Rio Grande do Sul contributes to climate change, and the Proclima 2050 program fails to provide truly effective guidelines for a just energy transition, which is critical given the increasingly frequent extreme weather events in the region. In the injunction, it is requested that: (i) The State of Rio Grande do Sul be ordered to establish a participatory committee to develop a just energy transition plan, with diverse representation; (ii) The committee operates based on scientific data, hiring specialized consultancy to assist in its functioning; (iii) The plan formulated by the committee be presented within 180 days; and (iv) The State of Rio Grande do Sul be prohibited from granting tax exemptions, incentives, new licenses, or even carrying out reconstruction works for the fossil fuel-powered thermoelectric sector. On the merits, it is requested that the action be granted, with confirmation of the urgent injunction.