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Brazil: Brazilian government publishes the National Program for the Recovery of Contaminated Areas

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In brief

On 15 January 2021, the federal government made available on its website (https://www.gov.br/mma/pt-br/assuntos/agendaambientalurbana/ProgramaNacionaldeRecuperaodereasContaminadas.pdf) the National Program for the Recovery of Contaminated Areas, object of Ordinance MMA No. 603/2020. In summary, the program seeks to expand and consolidate data and information on key issues for the management of contaminated areas in Brazil.

Comments

Despite the existence of several regulations on contaminated areas in Brazil, the lack of a consolidated database makes the work and progress in relation to the topic difficult. The federal government therefore instituted the National Program for the Recovery of Contaminated Areas in order to improve the management of contaminated areas. The program sets out a more effective implementation of public policies, with the aim of obtaining concrete results for society. The federal government also hopes to achieve improvement in the following fields related to the management of contaminated areas in Brazil:

(i) Ability of states and municipalities to adopt measures to prevent contamination of areas

(ii) Ability of states and municipalities to define their guiding values (VRQs) and consolidate information on contaminated areas

(iii) Existence of a digital platform, for standardized presentation and information sharing, to improve the registration of contaminated areas in the country

(iv) Disclosure of procedures, measures and models considered as reference

(v) Adequacy of knowledge of human resources on the management of contaminated areas at the federal, state and municipal levels

More details

The program defines four major pillars of implementation to improve the management of contaminated areas in the country:

I – Identification and Recovery of Contaminated Areas: provide federal entities with a digital platform that allows the mapping, registration and management of contaminated areas, including prioritization criteria for areas classified as having the greatest impact and/or risk, to recover and promote sustainable land use and protect people and the environment

II – Technical Qualification: seek to level the criteria and procedures for the adequate management of contaminated areas in the country, through the technical qualification of professionals from environmental agencies

III – Normative Modernization: from the technological evolution, which frequently changes procedures, modernize the norms on the subject

IV – Consolidation of Financing Lines: expand inductive measures and financing lines to meet the initiatives for the recovery of contaminated areas, so that the information is easily available with the indication of applicable financial and economic instruments to promote the decontamination of these areas, through investigations and remedies

Our Environment and Sustainability team is available for further clarifications on the subject.

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Author

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.

Author

Rafael Dias Gil joined the firm in 2016. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures and lawsuits. In the environmental area, Rafael has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, take-back requirements, protected areas and minorities and climate change.
Rafael represents several clients in the oil & gas, automotive, chemicals and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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