Environmental and Sustainability.

The Environmental and Sustainability Department encompasses consultancy services and administrative and judicial litigation involving the main economic sectors and businesses, ensuring that our clients’ interests are in compliance with the environmental protection standards and the sustainability principle. With a sound background in strategic legal consultancy and specialized solutions in environmental licensing for infrastructure projects, such as ports, we emphasize our relevant experience with the agencies involved in the environmental licensing process (FUNAI, IPHAN, ICMBIO, Fundação Palmares, etc.). We also focus on environmental due diligence and environmental disputes, such as public civil actions, lawsuits, Conduct Adjustment Agreements (TAC) and administrative infractions in general, in addition to legal opinions.

The Department is headed by partner Rafael Daudt D’Oliveira, with professionals of recognized experience and expertise in the area, such as partner Simone Bissoto.

Acting in association and collaboration with the firm’s Business Department, it provides comprehensive client service, with high performance and dynamic legal solutions, prepared by professionals who understand the complexities and high risk of the projects developed to reconcile their needs with environmental legislation and standards.

Advises clients on the elaboration of legal opinions and consultancy related to the environmental planning of projects and activities, environmental licensing and authorizations, the elaboration of environmental impact studies (EIA-RIMA), environmental compensation, protected areas, climate, energy, mining, water and water resources, basic sanitation, and solid waste etc. Also acts in negotiations with governmental and non-governmental bodies, such as Conduct Adjustment Agreements (CAA) and Commitment Agreements (CA) and represents our clients in civil investigations and administrative and judicial proceedings. Provides support for structural projects in general and for overcoming crisis systems, assessing legal risks for entrepreneurs and administrators.

Our Attorneys

Track-record

Insights

Contact

Sectors.

Environmental

Mining

Public Sanitation

Energy

Our team.

Rafael Daudt D'Oliveira

Partner

Rio de Janeiro - RJ

rafael.daudt@bcvl.com.br

+55 (21) 3993-5401

Simone Cristina Bissoto

Partner

Rio de Janeiro - RJ

simone.bissoto@bcvl.com.br

+55 (21) 3993-5401

Track-record.

Iron Mining - Legal Content

Brasil, Pedra Branca do Amapari

Legal action in a Public Civil Suit representing the interests of a global mining company. The litigation is seeking a halting the iron mining project in Pedra Branca do Amapari/AP and repairing the damage, based on the identification of 37 archaeological sites that would have been destroyed, in whole or in part, due to the mining activities carried out at the location.

Fundo Mata Atlântica (FMA) - Legal Content

Brasil, Rio de Janeiro

Legal action in a Collective Civil Action filed by the Rio de Janeiro State Public Prosecutor’s Department against the Rio de Janeiro state government, the Rio de Janeiro State Environmental Institute (INEA) and FUNBIO.

The case aims to declare illegal the environmental compensation mechanism, applied to companies that affect the environment to support conservation units, related to the Atlantic Forest Fund (FMA) of the state of Rio de Janeiro. The case is one of the most debated issues in Brazilian environmental law, with different decisions in the Supreme Courts and the Court of Auditors.

In addition to its legal practice, BCVL Advogados advised on the public call issued by the Rio de Janeiro State Secretariat for the Environment (SEA) to enter into a cooperation agreement for the management of the FMA, which manages 87 projects (20 completed and 67 in progress).

Repair of Environmental Damage in Iron Mining - Legal Content

Brasil, Santana

Legal action in a Collective Civil Action that aimed to repair environmental damage resulting from an accident in 2013 at a port terminal for the disposal of iron mine, which resulted in the death of six people and other material damage. In the litigation, BCVL Lawyers represented the interests of an important company on the global mining scene.

Global Environment Fund GEF-Mar Project - Legal Opinion

Brasil, Rio de Janeiro

Legal Opinion on the GEF-Mar Project of the Global Environment Facility, aimed at protecting marine and coastal areas. The project, the result of an international cooperation agreement between the Global Environment Facility (GEF) and resources from the World Bank, was coordinated by the Ministry of the Environment and managed by the Brazilian Biodiversity Fund – Funbio.

GEF-Mar was responsible for signing the Term of Commitment with Petrobras, through which it undertook to contribute BRL 60 million as a compensatory measure due to damage caused by the improper disposal of production water on oil platforms.

The Opinion analyzed the risks of this arrangement for Funbio in the light of the legal nature of the term of commitment, the regulatory framework of the third sector and the regulatory framework of state-owned companies.

Environmental Licensing in the Steel Industry - Legal Content

Brasil, Rio de Janeiro

Defense in a Public Civil Action that aimed to annulling the environmental licensing and the initial licenses for the installation and operation of a steel company, for alleged lack of competence to grant the environmental license, non-compliance with the conditions for the initial license and the existence of flaws, defects, and omissions in the EIA/RIMA.

Repair Environmental Damage in Public Transport Concession - Legal Content

Brasil, Rio de Janeiro

Legal action in a Public Civil Action, representing the concessionaire of the Rio de Janeiro subway system. The case discusses the alleged damage to the environment and the community caused by the ventilation openings in the Flamengo subway station. The damage resulted from the use of inadequate equipment to filter the particles resulting from the friction of the wheels and brakes of the trains, which were being released into the environment.

Itapoá Port - Environmental Licensing

Brasil, Itapoá

Legal and strategic consultancy to obtain environmental licensing for the expansion of the Itapoá – SC Port Terminal, between 2015 and 2020, involving all the intervening bodies. The project included the creation of a Private Natural Heritage Reserve (RPPN) as a compensation measure.