We have wide expertise on the diverse demands related to Environmental Law.
Our services include performance on administrative, civil and criminal spheres, both on preventive or advisory situations and on litigious or judicial ones. Such services are always conducted in line to requirements from representatives of Legislative and Executive Powers and from authorities related to environmental protection agencies from federal, state and municipal levels, as well as taking into account the position of opinion leaders.The offered services contemplate performance on administrative, civil and criminal spheres, both on preventive or advisory and litigious or judicial situations. In any case, it is conducted in consonance to opinion leaders, representatives from Legislative and Executive Powers, authorities related to environmental protection agencies from federal, state and municipal levels.
Importance of Environmental Law
Nowadays, issues related to sustainability and environment are in evidence in the worldwide agenda. Initially treated as a subject restricted to Government, activists and legal academic circles, environmental issues are more and more a part of daily life, with increasingly complex demands.
This fact impacts almost all relations in the corporate environment, as well as many civil law transactions. As a consequence, the importance of Environmental Law is continuously growing, assuming in many cases a key role in business decisions, given the strict nature of the legal framework on protection of natural resources in Brazil and the growing activity of environmental regulatory agencies.
As the solution of environmental questions involve sensitive aspects such as corporate image, criminal responsibility, relevant indemnification and risks of foreclosure or suspension of activities, it is mandatory to take into account all elements involved in an integrated approach.
Given our experience and expertise, we may offer a wide range of legal assistance on environmental matters, always with a fresh and individualized approach. Our services may be hired individually or by means of a full assistance.
Environmental licensing is defined as the administrative procedure by which the environmental licensing agency issues licenses for the location, installation, expanding and operation of enterprises and activities that use natural resources, are considered effective or potentially polluting or those that may cause environmental degradation.
The legislation foresees, in an exemplificative manner, activities subject to environmental licensing, including extraction and treatment of mineral, industries in general, civil works, activities of generation and transmission of electrical energy, water and wastewater treatment stations, treatment and destination of wastes, transportation, tourism, installment of land use, farming activities and natural resources use.
Diagnosis and Regularization
Regulatory in Sanitary Surveillance
Pursuant to Environmental Ministry, contaminated area is the area, land, place, installation, building or improvement that presents quantities or concentrations of any substances or wastes in conditions that may cause or may cause damages to human healthy or environment.
The legislation requires the remediation of contaminated area according to guidelines and procedures established by laws, decrees and administrative resolutions. At the same time, the legal responsible for such areas become subject to imposition of sanctions and monitoring from other environmental authorities like the District Attorney office and the Police.
Assessment of Environmental Liabilities
The due diligence performed before a transaction or even in a preventive form makes possible the mitigation of future legal risks.