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Ministério Público do Estado do Pará vs. Estado do Pará (Landfills and Climate Impact Assessment in Pará) - petition

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Ministério Público do Estado do Pará vs. Estado do Pará (Landfills and Climate Impact Assessment in Pará) - decision

Filing Year For Action

On December 17th 2024 he Public Prosecutor's Office of the State of Pará (MPPA) filed a Public Civil Action (ACP), with a request for preliminary injunction, due to the omission of the State Secretariat for the Environment and Sustainability (SEMAS) in fulfilling its duty to require the assessment of climate impacts in environmental licensing in the state of Pará, with emphasis on sources emitting greenhouse gases (GHG) such as CO2 and methane. It argues that the global climate crisis is proven by data from the Intergovernmental Panel on Climate Change (IPCC), arguing in favor of the essential need to consider a climate approach in all public policies, particularly in the context of the Amazon and the special relationship between solid waste management and the climate system, as it is a significant source of GHG emissions. It points to state omission, especially in the case of landfills, whose significant polluting potential requires a rigorous licensing process to support decisions on the viability and mitigation of climate impacts as essential conditions for adequately addressing the climate crisis. As an example, the Marituba Waste Processing and Treatment Center (CPTRM) is cited, which lacks an adequate system for treating the gases produced in waste management and a climate impact assessment in its licensing process. Due to this omission, the Public Prosecutor's Office of Pará (MPPA) alleges that the state of Pará is failing to comply with national and international commitments to address the climate crisis, such as the Paris Agreement, the National Environmental Policy, the National Policy on Climate Change, and the State Policy on Climate Change. It is argued that this omission violates the principle of prohibiting deficient protection in environmental matters, breaking with climate federalism by failing to integrate the climate agenda into state public policies. In a preliminary injunction, it is requested that the state of Pará be determined to: (i) include in the Terms of Reference  and other technical documents that support the environmental assessment of environmental licensing conducted by SEMAS the obligation to present studies that prove the assessment of climate impact and mitigation actions, for the issuance or renewal of environmental licenses, especially for sanitary landfills; (ii) regulate the environmental licensing of sanitary landfills incorporating climate impact assessment; (iii) not grant or renew environmental licenses for projects that cause climate impacts without the prior and necessary assessment of this type of environmental impact and the establishment of mitigation measures. On the merits, it requests the granting of the same requests made in the preliminary injunction and compensation for collective moral damages suffered by the society of Marituba due to the deficient protection against the climate impacts resulting from the installation of the CPTRM.


On September 17th 2025, an interlocutory decision was issued granting the requested urgent relief, ordering the state of Pará, through SEMAS: (i) to prepare and publish Terms of Reference that must include the requirement for a climate impact assessment and a GHG mitigation plan as conditions for the environmental licensing of projects with significant pollution potential, especially sanitary landfills, including CPTRM; (ii) to present a technical diagnosis of the current status of all active environmental licenses for GHG-emitting projects under its jurisdiction; (iii) to refrain from issuing or renewing environmental licenses for potentially GHG-emitting projects without the proper prior climate impact assessment and without imposing concrete mitigation measures.

Ministério Público do Estado do Pará vs. Estado do Pará (Landfills and Climate Impact Assessment in Pará)

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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.

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

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

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

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.

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.

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

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

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.

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.

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

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.

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

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

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

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.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

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

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.

Ministério Público do Estado do Pará vs. Estado do Pará (Landfills and Climate Impact Assessment in Pará) - petition

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance