petition

Public Ministry of the State of Rio Grande do Sul vs. State of Rio Grande do Sul and FEPAM (Carbochemical Complex) - petition

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On November 12, 2019, the Rio Grande do Sul Public Prosecutor’s Office (MPRS) filed a Public Civil Action (environmental class-action) against the State of Rio Grande do Sul and the State Environmental Agency (Fundação Estadual de Proteção Ambiental Henrique Luís Roessler – FEPAM). It seeks to prevent the implementation of the Carbon Chemical Complex in the State as well as the State Policy on Mineral Coal. The MPRS questions the lack of popular participation, especially through public hearings, in the legislative process of State Law 15.047/2017, which authorized the construction of the Carbon Chemical Pole and created the State Policy for Mineral Coal. In addition, it argues that there should be a prior Environmental Impact Assessment (EIS) for the implementation of the Pole, considering the climate impacts of the activities on the site, which will be placed in the complexes of Baixo Jacuí and Campanha, and a Strategic Environmental Assessment before its institution, which must consider the synergistic and global effects of all the activities. The author adds that the policy encourages the use of a highly impactful energy matrix regarding the emission of greenhouse gases (GHG). The MPRS emphasizes the proximity of the carbon-chemical complexes to protected areas and cities. The author alleges that the implementation of the Pole considers only the EIS specific to the Guaíba Mine, not taking into account the entire complex. It argues that the State Law does not consider, among other issues, environmental protection, at odds with the federal and state legislation on climate change. The granting of an injunction is required to prevent, among other measures, (i) the implementation of the State Policy on Mineral Coal and the establishment of the Pole and (ii) the issuance of an environmental license for an enterprise inserted in complexes, up to the realization of public hearings and the development of an EIS and a Strategic Environmental Assessment, prior to the implementation of the Carbon Chemical Pole and the State Policy on Mineral. On a definitive basis, the author requires the confirmation of preliminary injunctions to declare the illegality of the legislative process that led to the State Law. 

Subsequently, the legal action 9019860-68.2020.8.21.0001, filed by Arayara Association of Education and Culture and by the Colony of Fishermen Z-5, was reunited to this lawsuit due to the connection between the demands. On June 12, 2022, the process migrated to another electronic system of the Court, being reported as 5091523-82.2019.8.21.0001.

On March 21st, 2023, the MPRS, FEPAM and the state of Rio Grande do Sul filed a joint petition requesting that an agreement be ratified to put an end to the lawsuit. They considered that the factual, technical, political and legal circumstances that led to the filing of this public civil action had changed significantly during the case, with changes in the state's energy scenario. They claimed that there is no concrete indication that the state is going to adopt a State Mineral Coal Policy or set up a Carbochemical Hub. In the agreement, the state took on the duty to draw up a new term of reference before initiatives to implement or license a policy that adopts these fossil sources or an enterprise, and to contract a comprehensive Strategic Environmental Assessment to support decision-making processes. The agreement was ratified and the case was dismissed.

Public Ministry of the State of Rio Grande do Sul vs. State of Rio Grande do Sul and FEPAM (Carbochemical Complex)

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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.

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

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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

This sector involves the wholesale and retail selling of goods.

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

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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.

Using laws and the legal system more broadly to protect vulnerable entities

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

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

The activities of industries that transforms raw materials into finished goods through industrial processes.

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

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

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.

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.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

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.

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.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

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.

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

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.

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

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

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

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

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.

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

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 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.

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

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

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.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

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.

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.

Public Ministry of the State of Rio Grande do Sul vs. State of Rio Grande do Sul and FEPAM (Carbochemical Complex) - petition

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance