Case Name: Ministério Público do Estado do Rio Grande do Sul vs. Estado do Rio Grande do Sul e FEPAM (Carbochemical Pole)

Summary

This is a Public Civil Action (ACP), with a request for preliminary injunction, filed by the Public Prosecutor's Office of the State of Rio Grande do Sul (MPRS) against the State of Rio Grande do Sul and FEPAM. The aim is to prevent the implementation of the Petrochemical Hub in the State and the State Policy on Mineral Coal. The MPRS questions the lack of public participation, especially through public hearings, in the legislative process for the enactment of State Law 15.047/2017, which authorized the creation of the Petrochemical Hub and established the State Policy on Mineral Coal. Furthermore, it argues that a prior environmental impact study should have been conducted for the implementation of the Hub, considering the climatic impacts of the activities in the area, which will be located in the Lower Jacuí and Campanha complexes. It alleges the absence of a prior strategic environmental assessment before the establishment of the "Rio Grande do Sul Petrochemical Hub" program and of an environmental impact study for the implementation of said Hub, which would consider the synergistic and global effects of all activities included in the program. The MPRS (Public Prosecutor's Office of Rio Grande do Sul) argues that the regulation promotes a policy that encourages the use of an energy matrix with a high impact on greenhouse gas (GHG) emissions. The MPRS highlights the proximity of the petrochemical complexes to Conservation Units, protected and listed areas, and cities. It alleges that the implementation of the Polo (industrial complex) is being driven solely by the Environmental Impact Study/Environmental Impact Report (EIA/RIMA) specific to the Guaíba Mine, located in the Baixo Jacuí Complex area, but that it does not take the entire complex into account. It argues that the State Law does not address, among other issues, environmental concerns, contradicting federal and state legislation on climate change. The granting of an injunction is requested to prevent, among other actions, (i) the implementation of the State Coal Mining Policy and the establishment of the Petrochemical Hub and (ii) the issuance of an environmental license for a project located within the boundaries of the two complexes, until any creation of a Petrochemical Hub and implementation of the State Coal Mining Policy are preceded by widely convened public hearings and a prior environmental impact study and strategic environmental assessment for the complexes. In a final ruling, confirmation of the preliminary injunctions is requested in order to declare the illegality of the legislative process that led to the enactment of the State Law because it was not preceded by public hearings, a strategic environmental assessment, and an EIA/RIMA (Environmental Impact Assessment/Environmental Impact Report).

Subsequently, it was determined that this action would be joined with ACP 9019860-68.2020.8.21.0001, filed by the Arayara Association of Education and Culture and the Z-5 Fishermen's Colony regarding the Guaíba Mine project, due to the connection between the claims. The case was reassigned to another court, becoming number 5091523-82.2019.8.21.0001.

The Public Prosecutor's Office of Rio Grande do Sul (MPRS), the State Foundation for Environmental Protection (FEPAM), and the state of Rio Grande do Sul filed a joint petition requesting the approval of an agreement to end the lawsuit. They considered that the factual, technical, political, and legal circumstances that led to the filing of this public civil action have undergone significant changes during the course of the proceedings, with changes in the state's energy landscape. They argued that there is no concrete indication that the state will adopt a State Policy on Mineral Coal or the establishment of a Petrochemical Hub. In the agreement, the state assumed the duty to develop, prior to initiatives for the implementation or licensing of a policy that adopts these fossil fuels or projects, a new terms of reference and to contract a comprehensive Strategic Environmental Assessment to support decision-making processes.

The agreement was approved, the merits of the case were resolved, and the process was terminated.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• City Statute (Federal Law 10.257/2001)
• CONAMA Resolution 1/1986
• CONAMA Resolution 237/1997
• Federal Constitution (CRFB/88)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• State Constitution
• State Policy on Climate Change - PEMC

Case timeline

Case documents