decision

MPSP vs. Usina Mandu S.A. (Burning of sugarcane straw) - decision

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

Filing Year For Action

In September 2009, the São Paulo State Prosecutor’s Office (MPSP) filed a Public Civil Action (CPA) against Usina Mandu S.A. due to the burning of sugarcane straw during a restricted period.

The first instance decision ordered the defendant to compensate for the environmental damage caused by the illegal burning in the amount of R$400,000.00. Both the plaintiff and the defendant appealed the decision. The MPSP sought an increase in the compensation amount, arguing that the burning had degraded air quality, with negative effects on public health and the environment.

In February 2014, after the MPSP filed a motion for the review of the second instance ruling, the dissenting vote in the appellate judgment prevailed. This dissenting vote held that the polluting company should receive an administrative fine and compensate for the damage caused by the illicit burning. In assessing civil liability, it considered the volume of gases released into the atmosphere, determining this by multiplying the area by the duration of the burn. It estimated emissions of 15 tons of CO₂ per hectare over 30 to 60 minutes, which it regarded as the average burn duration. It ruled that the carbon price should be assessed on the carbon market, as provided on São Paulo’s BM&F BOVESPA. The amount was to be determined in an assessment during the liquidation phase.

In the liquidation phase, the calculated amount was approved, resulting in a final award of compensation of  R$215,655.50.

MPSP vs. Usina Mandu S.A. (Burning of sugarcane straw)

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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.

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

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

MPSP vs. Usina Mandu S.A. (Burning of sugarcane straw) - decision

Greenhouse gas

Economic sector

Finance