Environment And Sustainability Newsletter

Editorial

On August 23, 2012 publisher Trevisan will launch the book "Solid Waste Management – What the Law Mandates" ("Gestão de Resíduos Sólidos – O que diz a Lei"), co-authored by Fabricio Dorado Soler, Coordinator of Felsberg e Associados' Department of Environment and Sustainability and Carlos Roberto Vieira da Silva Filho, president of the Brazilian Association of Public Cleansing and Special Waste Enterprises (Associação Brasileira de Empresas de Limpeza Pública e Resíduos Especiais – ABRELPE). The project aims to facilitate understanding of the vast Brazilian legislation on solid waste, so as to enable appreciation of the practical significance of the various laws enacted daily throughout the country. The event will be held at 7 pm at Livraria da Vila Shopping Iguatemi JK.

Court Deliberations

Superior Court of Justice annuls environmental Conduct Adjustment Agreement (TAC): The Superior Court of Justice (Superior Tribunal de Justiça – STJ) denied special appeal to the Public Prosecution Office of Rio Grande do Sul (MP/ RS) that intended to overrule a decision declaring invalid a Conduct Adjustment Agreement (Termo de Ajustamento de Conduta – TAC). The 1998 TAC determined that the committed party reforest degraded areas and donate a microcomputer to the Forestry Agency of Lajeado, a subordinate organ of the State Department of Agriculture. The minister Luiz Fux, a member of the STJ, considered the TAC null and void, since the remediation of environmental damages by means of compensation should be done by the payment of money to be reverted to the fund referred to in Article 13 of Federal Law No. 7.345⁄1985.

Superior Court of Justice dismisses regimental appeal by the Municipality of Maranhão in favor of the Precautionary Principle: A class action preliminary injunction was filed against the Municipality of São Luís in order to suspend the environmental permitting process of the extension of Avenida Governador Edson Lobão, known as "Coastal Avenue", due to detected inconsistencies in the Preliminary Environmental Impact Study. The Municipality took the case to the STJ, which decided that it would not examine the Environmental Impact Study filed within the regimental appeal since there was considerable doubt as to the possible environmental damages and the legality of the environmental permitting procedure, and therefore the suspension of work should be maintained in order to protect the public interest under the Precautionary...