Case Name: Instituto Arayara vs. Copel, Instituto Água e Terra e outros (Figueira Thermal Power Plant)

Summary

This is a Public Civil Action (ACP), with a request for urgent relief, filed by the Arayara International Institute of Education and Culture - Arayara Institute of Education for Sustainability against Copel Geração e Transmissão SA, the Paraná Water and Land Institute (IAT), the State of Paraná, the National Electric Energy Agency (ANEEL), and the Federal Government, based on alleged irregularities in the operation of the Figueira Thermoelectric Power Plant (UTE-FRA). The plant is owned by Copel, and it is alleged that there are illegalities in the environmental licensing and operation, which have caused environmental and climate damage. It is pointed out that the coal used by the thermoelectric plant has a high concentration of radioactive elements and generates degradation of the atmosphere, climate, water, and soil. The environmental agency allegedly denied access to documents related to the environmental licensing of the activity, and the UTE allegedly operated for 18 years without the proper Operating License, emitting pollutants above the levels permitted by law. Furthermore, the expansion of the project was not subject to a licensing process and operated for 35 years without mechanisms to control particulate matter emissions. It is argued that the climate damage caused by illegal GHG emissions should be considered, quantified through the social cost of carbon. Pricing of tons of carbon emitted, prepared by the World Bank and the OECD, is presented. To reliably quantify emissions, the provision of documents by the defendant company and the performance of an expert assessment were requested, since the emissions from the operation of the power plant presented were based on estimates prepared by the plaintiffs without access to the necessary documents. It is urgently requested that a series of measures be granted, including the presentation of documents and reports, the production of advance evidence to ascertain environmental damage, and the suspension of environmental licensing and regulatory procedures. Finally, in summary, it is requested (i) the annulment of the environmental licensing process and authorizations that allowed the expansion of the plant; (ii) the defendants are ordered to refrain from acting until a proper licensing process is carried out, accompanied by an EIA/RIMA and the necessary technical studies; (iii) the annulment of the environmental compensation agreement; (iv) the defendants are ordered to repair the environmental damage resulting from the irregular operation of the UTE and to pay compensation for any damage that cannot be recovered; (v) the defendants are ordered to pay compensation for climate damage due to the irregular operation of the UTE; (vi) the payment of collective environmental moral damages.

The request for urgent relief was denied by the court. It was argued that the requested evidence could be produced at an appropriate procedural moment, and there was no need for anticipation. It was alleged that the Figueira Thermal Power Plant has been operating for a long time and contributes to the electricity supply of the state of Paraná, and therefore, granting the preliminary injunctions could create a risk for consumers.

In its defense, ANEEL argued that issues related to the licensing of the power plant are not within its jurisdiction and that it acted in accordance with the law. It requested that the claims be dismissed.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• CONAMA Resolution 237/1997
• Kyoto Protocol (Federal Decree 5.445/2005)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)

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Case documents