Environmental Licensing in the state of Rio de Janeiro – Judgment in a citizen suit that determined the state must refrain from issuing new licenses

On January 23, an important decision was rendered on a Citizen Suit filed by two citizens vs. the State of Rio de Janeiro, the Secretary of the Environment and the Municipality of Rio de Janeiro.

Such decision addresses important topics, such as the competence of the State’s Council for the Environment (“CONEMA”) and the issuance of new environmental licenses, which has resulted in numerous questions and statements – e.g an Official Statement published by the National Municipality and Environmental Association (ANAMA), regarding the repercussions of the decision to licensing procedures at the municipal level.

In summary, the decision:

(i) Declared the nullity of sessions and deliberations from CONEMA, especially Resolutions No. 88 (approval of internal regulations) and 89 (regulation of virtual public hearings during the pandemic period), both in 2020, given that the appointment of government representatives was deemed irregular, as stated in the decision, and given the lack of parity between representatives of the government and citizens.

(ii) Determined that the State of Rio de Janeiro must refrain from granting new environmental licenses until the irregularities mentioned above are resolved.

It is important to report some considerations on the topic.

The decision can still be challenged and, consequently, its effects are not immediately enforceable. As such, an appeal is both admissible and expected to be presented by the State of Rio de Janeiro, the State’s Secretary of Environment and Sustainability and/or Rio de Janeiro’s Municipality.

Additionally, there are several legal aspects that must be taken into consideration regarding the interpretation given by the court ruling, regarding the possibility of questioning the validity of acts carried out during the licensing procedure and that may have been carried out in accordance with guidelines/procedures established by CONEMA.

Important developments are expected to occur, either with the filing and judgment of appeals before the Rio de Janeiro’s State Court of Justice, or with the adoption of measures by CONEMA, as well as the State and Municipal administration.

Demarest’s Environmental team is available to provide further information or clarification that may be necessary on this and other related matters.