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Environmental law and Climate change

 Brazil Law Firm of the Year – Chambers & Partners, 2020

  • Mattos Filho's specialized Environmental practice area is qualified to meet all client demands relating to Brazilian environmental law, including:

    Environmental litigation and alternative dispute resolution
    • Legal representation in proceedings, involving analysis of different strategies and possible results for conflict resolution;
    • Preparation of defenses and legal opinions, participation in meetings and monitoring of contracted third parties.

    Environmental licensing
    • Specialized monitoring and oversight of complex environmental licensing processes, monitoring of environmental technical studies and planning and implementation of environmental programs;
    • Participation in public hearings and consultations regarding environmental management system implementation.

    Contaminated areas
    • Guidance in managing contaminated areas;
    • Assessment of contractual and non-contractual environmental liabilities linked to real estate purchases and sales;
    • Property analysis for real estate investment funds;
    • Environmental due diligence and definition of action plans to comply with current legislation and mitigate environmental risks, liabilities and related contingencies.

    Solid waste
    • Representation of clients before government agencies regarding the implementation of Brazil's National Policy on Solid Waste, definition of negotiating and litigation strategies, preparation of agreements between various companies in the same sector and legal recommendations for post-consumer waste management compliance.

    Environmental Assets (Forests, Biodiversity, Water Resources, Carbon Markets)
    • Guidance on biodiversity-related issues, access to genetic heritage and related traditional knowledge, benefit-sharing agreements, negotiation and preparation of agreements between companies in the same sector and with traditional and indigenous communities.

    • Guidance on complying with the Brazilian Forest Code, registration with the Rural Environmental Registry (CAR) and Recovery Plan for Degraded Areas (PRAD); 

    • Preparation of documentation requesting transformation of administrative fines into environmental services and initiatives;
    • Advice on adapting to and mitigating climate change impacts, REDD+, due diligence on carbon projects, negotiation, as well as preparation and review of carbon credit purchase and sale agreements in regulated (Clean Development Mechanism) and voluntary markets – in accordance with VCS, CCB and Gold Standards;

    • Identification of sustainable development business opportunities, environmental service payments, low carbon programs and environmental assets (forests, biodiversity, water resources and carbon).

    M&A and financial transactions
    • Environmental risk analysis and mitigation in transactions involving mergers, acquisitions and financial markets, as well as issuance of green securities.

    Socio-environmental responsibility of financial institutions
    • Analysis of compliance risks concerning the socio-environmental responsibilities of companies and institutions in adjusting to new Brazilian Central Bank requirements around loans and credit; 

    • Legal advice for preparing and reviewing financial institutions' socio-environmental policies, along with due diligence for companies and institutions focused on environmental issues;
    • Consultation regarding environmental laws, legal advice for compliance with the rules of government authorities and financial institutions.

    • Representation of oil and gas companies in upstream, midstream and downstream business activities, whether in advisory or litigation scenarios;

    • Structuring, drafting and negotiation of infrastructure agreements that allocate environmental responsibilities;

    • Support in environmental licensing for infrastructure projects focused on stakeholder mapping, social sensitivity assessments, as well as interaction with relevant bodies;

    • Representation of energy companies in regard to energy generation activities, including renewables, energy distribution and transmission, whether in advisory or litigation scenarios.

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