Case Name: Instituto Internacional Arayara de Educação e Cultura vs. ANP e União Federal (Auction of the 5th Permanent Offer Cycle and Climate Impact Assessment)

Summary

This is a Public Civil Action (ACP) with a request for urgent relief filed against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and the Federal Government seeking compliance with the objectives of the National Policy on Climate Change and the duty of environmental transparency in relation to the auction of the 5th Permanent Offer Cycle promoted by the Public Administration. The Arayara Institute presents the climate emergency scenario, its relationship with fossil fuel emissions, and the need to comply with the targets assumed by Brazil in its Nationally Determined Contribution (NDC). In this scenario, it points out the contradiction of expanding oil and gas exploration in the country. It highlights that, when offering the exploration blocks, it does not publicize the estimated emissions (scopes 1, 2, and 3) of the blocks, nor the extent of the impact of these emissions on the climate and on Brazil's targets. The author estimates that the blocks offered in the 5th Cycle have the potential to emit 0.55 gigatons of greenhouse gases, which represents about 41% of the Brazilian NDC's emissions limit for 2025. In the context of urgent relief, we request (i) the publication of the estimated emissions for scopes 1, 2, and 3 of the blocks offered up to 48 hours before the auction; (ii) transparency and publicity for the general public of the estimated emissions (scopes 1, 2, and 3) of the blocks offered in public offerings in their preparatory phase; (iii) the inclusion in the Dynamic Emissions Panel of oil and gas exploration blocks of scope 3 emissions from blocks that are in the production phase; and (iv) that the calculated emissions and climate impact be considered in the formulation of energy policy, especially in the decision to offer new blocks for oil and gas exploration in the future. As final requests, it requires the same provisions.

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Main norms mobilized

• National Energy Policy (Federal Law 9.478/1997)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)

Case timeline

Case documents