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Brazil: CETESB´s Board Decision on technical opinions in contaminated areas

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In brief

On 24 October 2022, CETESB published Board Decision No. 106/2022/P, which establishes the new procedures to be observed within the scope of administrative proceedings for issuing Technical Opinions related to contaminated areas.

In more detail

In sum, the new Board Decision establishes procedures for issuing technical opinions related to: (i) the management of contaminated areas; (ii) the reuse of contaminated areas; (iii) the deactivation and demobilization of Activities Potentially Generating Priority Contaminated Areas for Licensing and Decommissioning; and (iv) issuing grants for groundwater collection wells around contaminated areas.

Steps for issuing Technical Opinions regarding contaminated areas have been established, as well as the CETESB sectors for the analysis and issuance of said opinions, including analysis of possible appeals against unfavorable opinions.

For Technical Opinions on Preliminary Evaluation, Confirmatory Investigation and Detailed Investigation, the voluntary and immediate request by the interested party will be received as a self-denouncement, and this fact will be considered as an extenuating circumstance in the eventual application of the penalty.

The Board Decision also provides that the deadlines for manifestation will be counted from the opening of the task contained in the “Comunique-se,” or automatically after the 10th day counted consecutively from the sending of the message to the address registered in the electronic platform used by CETESB.

Finally, the Board Decision emphasizes that proceedings that remain without any manifestation by the interested party for 120 days after being provoked by CETESB will be shelved.

Our Environment, Consumer and Sustainability team is available to provide further clarification on the subject.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Manuela Demarche joined the Firm in 2017, and has been working with Environmental Law since 2010. She is currently a Senior Associate of the firm’s Environment, Sustainability and Climate Change practice group.
She has several years of experience in complex matters connected to environmental, sustainability and climate change, and her practice focus on a wide range of matters, particularly in connection to environmental liability, licensing proceedings, carbon and M&A transactions and cross-border disputes. During 2022, she did an attorney training program in the U.S. and has worked as a Legal Extern for the American Clean Power Association.
She regularly advises international and domestic clients in relevant cases, including preparing opinions, overseeing due diligences, drafting administrative and judicial claims for disputes arising from controversial environmental matters. Under her umbrella, she regularly deals with regularization (air pollution, effluents, solid waste, contaminated areas), circular economy, take-back schemes, extended producer responsibility, carbon markets, REDD+, biodiversity and crisis management.
Awards and Recognitions
Manuela Demarche is recognized for her work as an outstanding professional – “Associate-to-watch” – in Environmental Law in Brazil, by the publication Chambers and Partners. She was also mentioned by Análise Advocacia Mulher.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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