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Brazil: New federal law establishes guidelines for drawing up climate change adaptation plans

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In brief

Federal Law No. 14.904/2024 was published. The law establishes guidelines for the preparation of climate change adaptation plans, with the aim of guiding the implementation of measures to reduce the vulnerability and exposure to risks of environmental, social, economic and infrastructure systems, in the face of the current and expected adverse effects of climate change.

More details

On 27 June 2024, Federal Law No. 14.904/2024 was published. The law establishes guidelines for the preparation of Climate Adaptation Plans, within the scope of the National Policy on Climate Change (PNMC). The guidelines include:

  1. The identification, evaluation and prioritization of measures to deal with recurrent natural disasters and reduce the vulnerability and exposure of environmental, social, economic and infrastructure systems in rural and urban areas, as well as the adverse effects of climate change at local, municipal, state, regional and national levels.
  2. The management and reduction of climate risk, in order to estimate, minimize or avoid losses and damage, and plan and prioritize the coordinated management of investments, based on the degree of vulnerability, as defined by the PNMC.
  3. The establishment of economic, financial and socio-environmental public policy instruments that ensure the viability and effectiveness of the adaptation of environmental, social, economic and critical infrastructure systems.
  4. Integration between mitigation and adaptation strategies at the local, municipal, state, regional and national levels, in line with the commitments made in the Paris Agreement under the United Nations Framework Convention on Climate Change, through the Nationally Determined Contribution.
  5. The establishment of priorities, based on the most vulnerable sectors and regions, based on the preparation of climate risk and vulnerability analysis studies.
  6. The adoption of nature-based solutions as part of adaptation strategies, considering their additional benefits and their ability to integrate adaptation and mitigation results simultaneously.

The new law provides for periodic monitoring and evaluation of the actions envisaged, as well as the adoption of inclusive governance processes for the review of the plans referred to in the legislation, every four years, guided by the multi-annual plan cycle.

In addition, the regulation provides for the National Plan for Adaptation to Climate Change, among others:

  1. It will be based on scientific evidence, modeled analyses and scenario forecasts, taking into account the scientific reports of the Intergovernmental Panel on Climate Change (IPCC), in order to establish and prioritize the actions to be included.
  2. It will establish guidelines for state and municipal plans and ensure priority support for the most vulnerable municipalities exposed to climate threats, as well as fostering inter-municipal consortia and regional arrangements to achieve the measures it provides for.
  3. It will promote international cooperation at the bilateral, regional and multilateral levels for the financing, training, development, transfer and dissemination of technologies and processes for the implementation of adaptation actions, including scientific research, monitoring and systematic evaluation of the impacts of climate change and the exchange of information.

Our Environment team is available to discuss the potential impacts of these new regulations.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Manuela Demarche joined the Firm in 2017, and has been working with Environmental Law since 2010. She is currently a Senior Associate of the firm’s Environment, Sustainability and Climate Change practice group.
She has several years of experience in complex matters connected to environmental, sustainability and climate change, and her practice focus on a wide range of matters, particularly in connection to environmental liability, licensing proceedings, carbon and M&A transactions and cross-border disputes. During 2022, she did an attorney training program in the U.S. and has worked as a Legal Extern for the American Clean Power Association.
She regularly advises international and domestic clients in relevant cases, including preparing opinions, overseeing due diligences, drafting administrative and judicial claims for disputes arising from controversial environmental matters. Under her umbrella, she regularly deals with regularization (air pollution, effluents, solid waste, contaminated areas), circular economy, take-back schemes, extended producer responsibility, carbon markets, REDD+, biodiversity and crisis management.
Awards and Recognitions
Manuela Demarche is recognized for her work as an outstanding professional – “Associate-to-watch” – in Environmental Law in Brazil, by the publication Chambers and Partners. She was also mentioned by Análise Advocacia Mulher.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Daniela Geib joined the Firm in 2023.She integrates the environmental practice group. Daniela has a wide breadth of experience in the due diligence projects, consultancy issues, judicial and administrative proceedings in themes such as environmental licensing, climate risks, environmental regulation, management of solid waste and reverse logistics, contaminated areas, among other subjects.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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