Initial petition from ONG Instituto Internacional Arayara (in Portuguese)

On October 28, 2022, the NGO, Instituto Internacional Arayara filed a Public Civil Action (environmental class-action) against the National Environmental Agency (Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis – IBAMA), the Federal Union, the Rio de Janeiro’s State Environmental Agency (Instituto Estadual do Meio Ambiente – INEA), the State of Rio de Janeiro, and the companies EDF Norte Fluminense S.A. - Usina Termelétrica Norte Fluminense S.A., Global Participações em Energia S.A., Usina Termelétrica Nossa Senhora de Fátima and Litos Energia Ltda. 

The plaintiff seeks the annulment of the previous environmental licenses issued by IBAMA for thermoelectric projects located in the municipality of Macaé, in the state of Rio de Janeiro. It also seeks the annulment of the (i) water resources use right grants and (ii) Water Availability Reserve Certificates referring to the Macaé and Ostras River Hydrographic Basin, granted by INEA for the same projects. The plaintiff institution argues that the installation of a thermoelectric complex in the region, consisting of eighteen enterprises, is contrary to the need for investment in a clean energy matrix and the fight against climate change. It argues that there should be a determination that licensing agencies require, prior to issuing licenses: (i) a Strategic Environmental Assessment (AAE) for the analysis of synergistic and cumulative impacts of enterprises to be installed in the same hydrographic basin; (ii) the updating of the plan of the Hydrographic Basin of the Macaé and Ostras River and the study of water availability of the Basin; and (iii) the presentation of a Climate Diagnosis, with an inventory of Greenhouse Gas (GHG) emissions by the enterprises.

The plaintiff argues that the failure to conduct AAE prior to the issuance of the licenses invalidates the administrative procedures already carried out, since it was not possible to investigate the various cumulative impacts of the activities to be licensed. It is emphasized that emissions of pollutants by thermoelectric plants contribute to air pollution, damage to human health, and loss of agricultural productivity. From the climatic point of view, it is argued that in order to keep the limit of planetary temperature increase at 1.5°C, to fulfill the commitments made in the Paris Agreement, COP 26 and NDCs, the installation of new enterprises that use fossil fuels cannot be allowed. The plaintiff highlights the consolidation of jurisprudence favorable to environmental and climate issues at the Supreme Federal Court, exemplified by the judgment of ADPF 708 (Climate Fund), which recognizes that current Brazilian measures to address climate change are in disagreement with its international commitments. The plaintiff requests, as a preliminary injunction the suspension of the environmental licensing processes of the plants until the defects in the Environmental Impact Studies (EIA/RIMAs) and the defects related to atmospheric dispersions are remedied, including, among others (i) the determination that the Climate Diagnosis be presented and considered for the analysis of the environmental licensing processes, (ii) IBAMA be ordered to include the guidelines set forth in the National Policy on Climate Change (PNMC), the guidelines of the Rio de Janeiro State Policy on Climate Change, and the preparation of a AAE in the terms of reference of the licensing processes for the power plants and (iii) the companies be ordered to refrain from construction work and activities at the thermoelectric complex until the AAE, basin plan update, hydric availability study, and other studies required in the lawsuit have been conducted. In the final stage, it is requested that the preliminary injunction be confirmed, reiterating the requests, with the inclusion of the requirements for the annulment of the environmental licensing processes, licenses and permits already granted by the environmental agencies. 

IBAMA, the Federal Government, Litos Energia Ltda, Usina Termelétrica Norte Fluminense S.A, the State of Rio de Janeiro, INEA and Global Participações filed answers. In relation to climate aspects, IBAMA argued that the terms of reference used for the licensing of the project included the need for a synergistic assessment of atmospheric gas emissions from existing plants and those to be implemented. 

An interlocutory appeal was filed by the plaintiff against the decision of the lower court that denied the preliminary injunction requested by the appellant and upheld the preliminary objection of lack of standing of the Union and the State of Rio de Janeiro. The appeal argued for the need to grant suspensive effect to the appeal in order to guarantee an ecologically balanced environment, essential to the healthy quality of life of the region's population, considering the socio-environmental impacts that the projects will cause. Among the arguments mentioned, the need for an Environmental Impact Assessment (EIA) and a climate diagnosis, in accordance with the methods developed by ABRAMPA – Brazilian Association of Members of the Public Prosecutor's Office for the Environment – to verify the emission of greenhouse gases and air pollution by the projects, was highlighted. Among other issues, the following was requested: (i) the granting of suspensive effect to this appeal in order to immediately suspend the environmental licensing processes of the plants that are the subject of this action until the judgment on the merits of this interlocutory appeal; and (ii) the fully justified judgment of this Appeal on Points of Law in order to overturn the challenged decision, as well as the recognition of the passive legitimacy of the State of Rio de Janeiro and the Union.

The appeal was unanimously denied, as it was considered that the appeal did not fall within the grounds for reforming the decision.

In June 2026, a judgment was issued declaring the claims unfounded. The court understood that there are no regulations to support the plaintiff's claims. It argued that the National Environmental Policy only generically provides for the possibility of conducting environmental studies and environmental impact assessments. It understood that environmental legislation does not stipulate the need for specific obligations, especially the carrying out of Strategic Environmental Assessments (SEA) and Climate Diagnosis. It pointed out that the request for air quality assessment is broad, as pollution is a problem caused by sources from various sectors and cannot be addressed in a specific action.

The Arayara Institute filed an appeal.

Instituto Internacional Arayara v. IBAMA and others

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Instituto Internacional Arayara v. IBAMA and others - petition

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

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

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.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

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

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

Actions to reduce emissions in energy generation and supply.

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.

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.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Production of electricity and heat from solar irradiation.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

woman and genders outside of the gender binary

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

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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

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

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

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

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

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

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

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.

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.

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.

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.

Instituto Internacional Arayara v. IBAMA and others - petition

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance