petition

Duda Salabert Rosa vs. Minas Gerais State and Taquaril Mineração S.A. - petition

Litigation

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On February 7, 2022, Duda Salabert Rosa filed a preventive Citizen Suit with a request for a preliminary injunction against the state of Minas Gerais, Taquaril Mineração S/A and Vale S/A - later excluded from the parties - due to the omission to analyze the worsening of extreme weather events within the environmental licensing process of mining projects in the state of Minas Gerais. The plaintiff alleges that the exploitation of minerals in the state is being affected by extreme atmospheric phenomena, a situation neglected by the federative entity. It is pointed out that the negligence regarding the climate issue resulted in the flooding of the Downstream Containment Structure (ECJ) dam built by Vale S/A in the Municipality of São Sebastião das Águas Claras after heavy rains, flooding roads in the region, leaving the district without access to water, electricity, transportation, garbage removal and other essential services. The author indicates that the project was not preceded by an Environmental Impact Study (EIS) or due environmental licensing. The plaintiff emphasizes that the company is unable to measure the impacts of a possible dam failure if the ECJ reservoir is overflowing with water and tailings. It is affirmed that it is therefore necessary to review the hydraulic modeling for this type of project through a corrective environmental licensing process. Still regarding Vale S/A, it is required the stoppage of the Apolo Project, since the studies presented in the scope of its environmental licensing processes would not have analyzed the influence of the intensification of extreme climatic events on the operation of the activity. The environmental licensing process for the Serra do Taquaril Mining Complex, managed by Mineração Taquaril S/A, is also to be halted, considering that the effects of climate change on the project have not been assessed. According to the EIA, due to the Complex, sediment containment basins will be built, which, if they break, will directly impact a water intake pipeline, affecting the supply of 70% of the local population. The plaintiff argues that the National Policy on Climate Change and the State Policy for Preventing and Combating Disasters Resulting from Heavy Rainfall should guide environmental licensing in the State of Minas Gerais, in order to include the climate variable in the procedure, following a decision issued by the 9th Federal Court of Porto Alegre, which determined the inclusion of climate guidelines in the Terms of Thermoelectric Power Plants in Rio Grande do Sul State. It is required that the environmental licensing of the Serra do Taquaril Complex and the Apolo Project must be suspended and the corrective licensing of the JTC must be immediately initiated.
In its reply, Vale S/A informed that the Apolo Project was at a preliminary stage, still under analysis by the competent environmental agency, so as not to represent danger to the environment. It informed that ECJ would already be going through a corrective licensing phase before the competent environmental agency, which is why there was no interest in acting by the plaintiff. It defended the existence of an impossible passive joinder of defendants, since there would be no relationship between the defendants or affinity between the requests made against each defendant. Subsequently, the plaintiff requested an amendment to the initial application, in order to exclude Vale S/A from the defendant's position. In August 2022, a partial judgment was rendered that extinguished the claim against Vale S/A. Afterwards, the court dismissed the action, without resolution of the merits, for inadequacy of the chosen path. It was understood that the Citizen Suit is not an appropriate procedural means for the demand sought.

Duda Salabert Rosa vs. Minas Gerais State and Taquaril Mineração S.A.

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Actions to adapt human health, healthcare systems and well-being to climate change.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

This sector involves activities to move goods and people, alongside the storage of products.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Duda Salabert Rosa vs. Minas Gerais State and Taquaril Mineração S.A. - petition

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance