In order to minimize the impacts of COVID-19, the federal and state environmental agencies have suspended the deadlines for the presentation of defense and appeals in administrative processes underway before these authorities.
Note that each state authority establishes specific and different environmental rules regarding this suspension, as well as regarding the operation of each of the departments during the “quarantine”, which must be observed by the interested parties.
In addition, the municipal environmental authorities have also promoted protection and isolation measures as a result of the pandemic, within their sphere of competence. It is important to evaluate the municipal environmental regulations applicable to your activities.
Such a suspension is exclusively for the time limit for filing a defense or appeal. The deadline for the fulfillment of environmental obligations, including in relation to environmental conditioning factors, those foreseen in the investigation and/or intervention plans, as well as those provided for in the terms of adjustment of conduct or commitment.
The Federal Environmental Agency – IBAMA – has issued a statement informing that all environmental obligations must be fulfilled in due time, and that if any obligation is jeopardized by the COVID-19 crisis, it can be suspended and restarted as soon as possible. IBAMA must be notified of any delay, supported by documents and evidence of the circumstance that prevented the environmental actions from being taken within the agreed-upon deadline.
In the states, the guidance is in line with IBAMA and any delay must be reported to the environmental authority, supported by documents. Requests for deadline extensions will be reviewed on a case-by-case basis.
The Environmental Law team at DDSA – De Luca, Derenusson, Schuttoff & Advogados has prepared a complete report with the main Ordinances and Decrees referring to the changes in the deadlines for environmental administrative procedures, updated on 04/03/2020. We are following the developments and changes in environmental regulation on a daily basis and remain at your disposal to assist you.