Campos Mello Advogados Environmental Practice has extensive experience in providing legal advice and support to a wide network of clients in different economic sectors, such as in the industrial and energy sectors. Our understanding of these sectors, combined with our experience in regulatory matters and experience in administrative, civil and criminal litigation, provide us with the necessary basis to advise our clients in a variety of environmental matters.
ENVIRONMENTAL LITIGATION
Strategic legal support and representation in administrative and judicial proceedings involving environmental matters
Administrative Proceedings
• Draft of administrative appeals in sanctioning proceedings (e.g. infraction notices and terms of embargoes) and in licensing and authorization proceedings (e.g. administrative decision rejecting the issuance of an environmental license)
• Negotiations with environmental agencies to address strategic cases
• Negotiation of instruments (e.g. conduct adjustment agreements, recovery of degraded areas agreements, environmental compensation agreements, conversion of fines into environmental services, among others)
Judicial Proceedings
• Definition of strategy in lawsuits involving environmental matters, such as Public Civil Actions, Popular Actions, Annulment Actions, among others
• Representation and follow-up from the beginning to the end of the proceeding
Civil Inquiry
• Draft of letters, response to notifications and official letters, among others
• Negotiations with the Public Prosecutor Offices to address strategic cases
• Negotiation of instruments (e.g. conduct adjustment agreements and commitment terms)
ENVIRONMENTAL CONSULTANCY
• Environmental legal consulting in relation to several matters
Environmental Licensing
• Environmental licensing of enterprises (analysis of requirements, jurisdiction and procedures for obtaining or regularizing licenses, and related risks)
• Monitoring and legal review of technical environmental plans and studies
• Compliance with environmental technical conditions and renewal proceedings of licenses and authorizations
• Discontinuance of polluting activities and related procedures (e.g. decommissioning and obtaining of closure terms)
Contaminated Areas
• Definition of action plans for compliance with legislation and mitigation of risks, liabilities and environmental contingencies related to the management of contaminated areas
• Legal review of technical reports
• Communication with environmental agencies and other public authorities and third parties involved
Water Resources
• Compliance with legislation regarding quality standards of water and effluent discharge
• Analysis of requirements, jurisdiction and procedures for obtaining or regularizing water grants and interventions in water resources
• Charging for water use and related matters
Specially Protected Areas
• Intervention in specially protected areas (e.g. vegetation removal)
• Compliance with provisions of the Forest Code (e.g. regularization of legal reserves, permanent preservation areas and green areas) and other legal obligations related to other protected areas (e.g. conservation units)
• Legal review of Degraded Areas Recovery Plans (PRAD) and related reports
• Action plan for compliance with legislation and mitigation of environmental risks, liabilities and related issues
Management of Waste
• Management of waste in general and hazardous waste
• Definition of negotiation and litigation strategies regarding issues related to the management of solid waste
• Representation before public authorities in relation to the implementation of the National Policy for Solid Waste
• Compliance with obligations related to reverse logistics (take-back systems)
Air Emissions
• Standards for air quality
• Emission patterns by stationary sources, noise, odors and vibrations
• Management of greenhouse gas emissions
Environmental Acidentes
• Strategic legal guidance in the management of environmental accidents, including those with repercussions in the criminal and labor spheres
• Advice on risk and emergency situations
• Communication with environmental agencies, other public authorities and third parties involved
• Analysis of environmental liabilities
Biodiversity
• Analysis of environmental obligations related to biodiversity, access to genetic heritage, associated traditional knowledge and benefit sharing contracts
Biosafety
• Analysis of environmental aspects in matters involving Genetically Modified Organisms (GMOs)
Sustainability
• Strategic legal guidance for mitigation of risks and impact reduction of the economic activity
• Strategic legal guidance for implementation of sustainable policies, indexes and certifications (e.g. ESG criteria and environmental policies)
• Identification of sustainable business opportunities from the legal standpoint (e.g. Payment for Environmental Services, low carbon programs and environmental assets)
Compliance
• Compliance with environmental legal requirements and procedures
• Review of internal procedures and definition of action plans for compliance with applicable legislation and standards
M&A and Banking Operations
• Due Diligence of environmental aspects, including the analysis of the environmental factor of ESG
• Risk analysis and allocation of environmental liabilities in contracts
• Follow-up on compliance with pre and post-contractual obligations (e.g. regularization of issues)
• Support in extrajudicial notification due to breach of contract related to environmental matters
Social and Environmental Responsibility of Financial Institutions
• Socioenvironmental legal due diligence and risk analysis in transactions and credit concessions (e.g. requirements for granting of financing by financial institutions and compliance with such requirements by companies, including the analysis of the environmental factor of ESG)
• Legal advice for the preparation and review of social and environmental policies of financial institutions, including the implementation of ESG criteria, and for compliance with related requirements
Real Estate Operations
• Assistance in the regularity analysis of the real estate, including the existence of contaminated areas and environmental obligations of rural and urban properties
• Assistance in the analysis of contractual and non-contractual environmental liabilities involving the purchase and sale of real estate
• Advice to real estate investment funds in this regard
• Leading firm in Environmental
The Legal 500: 2016, 2017, 2018, 2019 and 2020
Leaders League: 2019 e 2020
Partner
+55 21 3262-3048
rbussiere@cmalaw.com
Rio de Janeiro, São Paulo, Brasília
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