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Public Ministry of the State of São Paulo v. United Airlines and Others (Airline Companies Case) - reply

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Public Ministry of the State of São Paulo v. United Airlines and Others (Airline Companies Case) - petition

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Public Ministry of the State of São Paulo v. United Airlines and Others (Airline Companies Case) - decision

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Public Ministry of the State of São Paulo v. United Airlines and Others (Airline Companies Case) - order

Filing Year For Action

This is a Public Civil Action filed by the Public Ministry of the State of São Paulo (MPSP) against the company KLM - Cia Real Ho Holanda de Aviação for alleged environmental damage resulting from commercial activities carried out by the defendant at São Paulo International Airport, in Cumbica, Garulhos, through the landing and take-off of their aircraft. 

The company is required to remediate or provide compensation for environmental damage, especially with regard to the emission of Greenhouse Gases (GHG). The initial petition requests an obligation of forest restoration in an area in the same hydrographic basin in sufficient quantity to fully absorb the emissions of GHGs and other pollutants resulting from the activity. In response, the company alleged that the applicant filed 35 actions identical to the present one and that the São Paulo State Court of Justice (TJSP), by design, recognized the ineptitude of 26 of the initial petitions and expressed the merits of the action in only one of the cases, case 224.01.2010.082070-8, proposed against EMIRATES AIRLINES, having dismissed the remaining requests. 

The company argued (i) its passive illegitimacy, given that it performs its activity in accordance with the determinations of the National Civil Aviation Agency (ANAC), and cannot be held responsible for complying with what is authorized and imposed by the Public Power; and (ii) legal impossibility of the request since there would be no illegal activity practiced by the Defendant. In the first instance, the Court understood that the Defendant had governmental authorization for the exercise of certain routes and the emissions resulting from the normal exercise of said activity would already be included in the scope of that authorization. On appeal before the TJSP (Appeal 0082072-08.2010.8.26.0224), the MPSP, on the merits, again requested the mitigation and repair of the environmental damage caused by the defendant. Subsequently, the National Civil Aviation Agency (ANAC) joined the action requesting the intervention as a third party and the remittance of the case to the federal court. 

A decision was handed down in the TJSP rejecting the preliminary presented by the MPSP and, in view of the ANAC's manifestation, it decided to refer the case to the Federal Regional Court of the 3rd Region (TRF-3). In this sense, it should be noted that the present action was initially filed in the State Court of São Paulo (TJSP), but was later referred to the Federal Court, due to the request for intervention by ANAC. The action was registered in the TRF-3 under the Civil Appeal number 0046991-68.2012.4.03.9999. Within the scope of the appeal, the TRF-3 decided to dismiss it, following the understanding of the court of origin, which understood that there was an environmental licensing process already carried out for Guarulhos Airport and authorization for the landing and take-off activity drawn up by ANAC . From this ruling, the MPSP filed a Special Appeal (REsp 1,856,031/SP) with the STJ, where there was a monocratic decision that followed the position of the court of origin in order to emphasize the specific regulation of the activity by ANAC and its efforts in terms of regarding the measurement and mitigation of emissions by the airline industry. It was understood that there would be no need to talk about an illicit act practiced by the business company (or even pollution), with the MPSP intending to impose an unforeseen regulation. After the decision, the REsp was written off to the court of origin. 

The present case is one among other similar ones proposed by the MPSP against more than 30 airlines that operated at São Paulo International Airport. The Public Prosecutor of Sao Paulo brought a group of several cases seeking to compel airlines that make use of the region's international airport to offset their emissions. The court consolidated the cases against the various defendants: United Airlines, TAAG Linhas Aéreas de Angola, Delta Airlines, Cia. Mexicana, Emirates Airlines, Aerolineas Argentinas, and South African Airways. The means of offset requested was support for reforestation in the region. The court rejected the suits against several of the airlines on the grounds that it lacked jurisdiction over the claims.

The Superior Court of Justice (STJ) issued a decision upholding the ruling from the Federal Court of Appeals. 

Public Ministry of the State of São Paulo v. United Airlines and Others (Airline Companies Case)

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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 involves the wholesale and retail selling of goods.

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.

Actions or measures to adapt terrestrial systems to climate change.

Aligning the skills of the workforce with the requirements of the just transition.

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

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

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

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

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.

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

Activities that relate to the production of goods and services from forests.

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.

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.

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.

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.

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.

A company that is owned wholly or partially by the state, typically operating in key sectors.

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.

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.

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 São Paulo v. United Airlines and Others (Airline Companies Case) - reply

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance