September 27, 2022

Recent changes in the administrative environmental sanction proceeding and in the environmental licensing proceeding in the state of São Paulo

Recently the Environmental Agency of the State of São Paulo (CETESB), by editing its Board Decisions, has changed the applicable rules for environmental administrative sanction proceedings and for environmental licensing proceedings.

Board Decision No. 090/2022/P
Board Decision No. 090/2022/P, published by CETESB on 09/09/2022, which partially amended Board Decision No. 055/2020/P, provided new rules applicable to administrative proceedings instituted to establish administrative infractions resulting from conduct and activities harmful to the environment.

As relevant changes, it is worth noting, for example, that:
(i) It was determined that the date of knowledge of the decision issued by a relevant authority regarding the administrative defense or appeal filed by the party will be recorded from the reading confirmation issued by CETESB, or automatically after the tenth day from the notification forwarded by CETESB;
(ii) Connected infractions, related to administrative sanction proceedings in progress at the same environmental agency, will be assessed in separate administrative proceedings, however it will be possible for them to be decided together, by means of a request from the interested party or from a decision issued by the authority in charge, mainly in case of risk of conflicting or contradictory decisions;
(iii) Among other issues.

Board Decision No. 85/2022/P
Board Decision No. 85/2022/P, published by CETESB on 09/05/2022, which partially amended Board Decision No. 81/2022/P - which establishes procedures that must be followed within the scope of licensing administrative proceedings - provided new procedures and definitions that shall be observed within environmental licensing and authorization proceedings.

As relevant changes, it is worth noting for example that:
(i) The term for presenting a defense or an appeal against the administrative decision that dismissed the request for an environmental license is currently 15 days rather than the 20 days previously applied, by analogy, to other administrative acts and proceedings;
(ii) There has been a change in the proceedings related to environmental licensing in Water Source Protection Areas or in Water Source Protection and Recovery Areas, such as the possibility of issuing a Preliminary License concomitantly with the issuance of the Binding Declaration (as long as it is based on technical and legal feasibility);
(iii) New types of extension term requests were added;
(iv) Among others.

Stay Up To Date With Our Insights

See how we use a multidisciplinary, integrated approach to meet our clients' needs.