On February 7th, 2022, Duda Salabert Rosa filed a preventive Citizen Suit with a request for a preliminary injunction against the state of Minas Gerais, Taquaril Mineração S/A and Vale S/A - later excluded from the parties - due to the omission to analyze the worsening of extreme weather events within the environmental licensing process of mining projects in the state of Minas Gerais. The plaintiff alleges that the exploitation of minerals in the state is being affected by extreme atmospheric phenomena, a situation neglected by the federative entity. It is pointed out that the negligence regarding the climate issue resulted in the flooding of the Downstream Containment Structure (ECJ) dam built by Vale S/A in the Municipality of São Sebastião das Águas Claras after heavy rains, flooding roads in the region, leaving the district without access to water, electricity, transportation, garbage removal and other essential services. The author indicates that the project was not preceded by an Environmental Impact Study (EIS) or due environmental licensing. The plaintiff emphasizes that the company is unable to measure the impacts of a possible dam failure if the ECJ reservoir is overflowing with water and tailings. It is affirmed that it is therefore necessary to review the hydraulic modeling for this type of project through a corrective environmental licensing process. Still regarding Vale S/A, it is required the stoppage of the Apolo Project, since the studies presented in the scope of its environmental licensing processes would not have analyzed the influence of the intensification of extreme climatic events on the operation of the activity. The environmental licensing process for the Serra do Taquaril Mining Complex, managed by Mineração Taquaril S/A, is also to be halted, considering that the effects of climate change on the project have not been assessed. According to the EIA, due to the Complex, sediment containment basins will be built, which, if they break, will directly impact a water intake pipeline, affecting the supply of 70% of the local population. The plaintiff argues that the National Policy on Climate Change and the State Policy for Preventing and Combating Disasters Resulting from Heavy Rainfall should guide environmental licensing in the State of Minas Gerais, in order to include the climate variable in the procedure, following a decision issued by the 9th Federal Court of Porto Alegre, which determined the inclusion of climate guidelines in the Terms of Thermoelectric Power Plants in Rio Grande do Sul State. It is required that the environmental licensing of the Serra do Taquaril Complex and the Apolo Project must be suspended and the corrective licensing of the JTC must be immediately initiated.
In its reply, Vale S/A informed that the Apolo Project was at a preliminary stage, still under analysis by the competent environmental agency, so as not to represent danger to the environment. It informed that ECJ would already be going through a corrective licensing phase before the competent environmental agency, which is why there was no interest in acting by the plaintiff. It defended the existence of an impossible passive joinder of defendants, since there would be no relationship between the defendants or affinity between the requests made against each defendant. Subsequently, the plaintiff requested an amendment to the initial application, in order to exclude Vale S/A from the defendant's position. In August 2022, a partial judgment was rendered that extinguished the claim against Vale S/A. Afterwards, the court dismissed the action, without resolution of the merits, for inadequacy of the chosen path. It was understood that the Citizen Suit is not an appropriate procedural means for the demand sought.
Case Documents:
Filing Date | Type | File | Summary |
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02/07/2022 | Petition | Download | Initial Petition from Duda Salabert Rosa (in portuguese) |