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August 11, 2020

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Latin American Environmental Regulatory Tracker: December 16, 2018 - January 15, 2019

ARGENTINA

ENERGY

  • Law No. 27492 modifies Law No. 26.473 to ban the import and marketing of halogen lamps as of December 31, 2019.

LAND MANAGEMENT

  • Buenos Aires City Law No. 6117 regulates the environmental management of contaminated sites.

BRAZIL

AGRICULTURE

  • The Committee on Agriculture, Livestock, Food Supply, and Rural Development in the Chamber of Deputies approved Bill No. 10737/18, which would place restrictions on imports of bananas from countries that do not respect environmental standards.

AIR

  • The National Environmental Council (CONAMA) published Resolution No. 492/2018, establishing two new phases of the Air Pollution Control Program for Motor Vehicles (PROCONVE) that set pollutant emission limits for new light motor vehicles for road use.

CHEMICALS

  • The Ministry of Public Safety published Ordinance No. 256/2018 to establish procedures for the control and inspection of chemical products by the Federal Police.

CORPORATE RESPONSIBILITY

  • The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) published Normative Instruction No. 1/2019, which modifies the Annual Report on Potentially Polluting Activities and Users of Environmental Resources.

DESIGN FOR ENVIRONMENT

  • Two bills (Nos. 560/2018 and 559/2018) proposed in the Chamber of Deputies would establish special tax regimes to promote goods and services with a low environmental impact. 

ENERGY

  • The Ministry of Mines and Energy published Public Consultation No. 65/2018, which proposes draft procedures for the preparation of the 2050 National Energy Plan (PNE). Public comments will be accepted until February 17, 2019.

ENVIRONMENTAL LIABILITY

  • The Superior Court of Justice (STJ) published Precedents Nos. 623 and 629 regarding civil liability for environmental damages.

FORESTRY

  • Provisional Act No. 867/2018 was published to amend the Forest Code (Law No. 12651/2012) to extend the deadline for adhesion to the Environmental Regularization Program (PRA) until December 31, 2019.

MINING

  • The Ministry of Labor published Ordinance No. 1.085/2018, modifying Regulation No. 22, which establishes occupational health and safety rules in the Mining Sector, to bring changes to the sections on Disposal of Tailings, Wastes, and Products; and Emergency Response Plans.

PACKAGING & LABELING

  • The Ministry of Environment and members of the steel packaging industry finalized the Terms of Commitment for the Implementation of the Reverse Logistics System for Steel Packaging, formalizing the Industry's commitment to guarantee the environmentally adequate disposal of packaging for products, such as house paints and food.

WASTE

  • The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) published a draft Normative Instruction that aims to improve the procedures and methods for verifying compliance with National Environmental Council (CONAMA) Resolution No. 416/2009, which establishes rules on the collection and final disposal of used tires.

WATER

  • Bill No. 11265/2018, proposed in the Chamber of Deputies, would amend Law No. 13.233/2015 by extending the deadline for cleaning products to include labels encouraging moderate consumption of water and warning of water shortage risks. 

CHILE

AGRICULTURE

  • The Ministry of Agriculture has published Resolution No. 9.074/2018, which establishes conditions and requirements to authorize microbial pesticides for commercialization.

CLIMATE CHANGE

  • The Ministry of Environment has published Resolution No. 1.439/2018, establishing the Environmental Regulation Program 2018-2019, which contemplates the policies, plans, and instruments of environmental management related to air quality, climate change, biodiversity, waste, soil, and risk assessment, and sets out priorities planned by the Ministry of Environment.

NOISE

  • The Ministry of Environment has published Resolution No. 1.386/2018, draft revisions to Decree No. 7/2015, which establishes noise emission standards for motorcycles, and light and medium vehicles.

WASTE

  • Chamber of Deputies Bill No. 12373 would prohibit and penalize the provision and use of non-degradable plastic straws in commercial establishments.

COLOMBIA

WASTE

  • The Ministry of Housing, City, and Territory has published Decree No. 2412 to incentivize the use and treatment of solid waste.

MEXICO

ENERGY EFFICIENCY 

  • The National Standardization Advisory Committee for the Preservation and Rational Use of Energy Resources (CCNNPURRE) published draft technical standard PROY-NOM-031-ENER-2018, which would establish energy efficiency specifications and test methods for LED lights intended for public street lighting and outdoor areas.

PERU

BIODIVERSITY

CLIMATE CHANGE

  • The Ministry of Environment has finalized the Guidelines for applying criteria on natural infrastructure and risk management when encountering the need for reconstruction due to climate change via Supreme Decree No. 017-2018-MINAM

LAND MANAGEMENT

  • The Ministry of Environment (MINAM) approved the Guidelines for the Preparation of the Baseline, and the Identification and Characterization of Environmental Impacts via Ministerial Resolution No. 455-2018-Minam within the framework of the National Environmental Impact Assessment System (SEIA). These documents will allow for a common frame of reference for the preparation of environmental studies.

MINING

  • Bill No. 03732/2018-CR, proposed in the Unicameral Congress, would create a Registry of areas contaminated with heavy metals as a result of environmental damage caused by mining activities.

OIL & GAS

PACKAGING & LABELING

  • Law No. 30884 regulates single-use plastics and containers used in the consumption of food and beverages.

RESTRICTED SUBSTANCES

  • The Ministry of Environment has published the draft National Plan for Implementing the Minamata Convention on Mercury via Ministerial Resolution No. 446-2018-MINAM.

WASTE

  • The Ministry of Environment has published Ministerial Resolution No. 458-2018-MINAM, which would establish the draft Terms of Reference for Developing Recovery Plans for Areas Degraded by Municipal Solid Waste. 

© 2020 Beveridge & Diamond PC National Law Review, Volume IX, Number 36

TRENDING LEGAL ANALYSIS


About this Author

Madeleine Boyer Environmental Attorney Beveridge Diamond
Principal

Maddie brings 25 years of experience providing strategic and solutions-oriented counseling and representation on a broad range of US and Latin American environmental, health and safety standards.

Her portfolio includes environmental regulatory counseling; audit oversight and support; supply chain and product stewardship advocacy and compliance; and high-stakes enforcement matters. Her domestic caseload currently includes air and waste matters before the US Department of Justice, the Office of the Attorney General of the State of Texas, the US Environmental...

512-391-8010
Russell Fraker, Environmental Attorney, Beveridge Diamond Washington, DC
Associate

Russell Fraker has broad, multi-jurisdictional experience with air, biosafety, chemical, product stewardship, waste, and water laws.

Russell represents clients in domestic and international environmental matters, predominantly through compliance counseling on regulatory regimes affecting facilities and products.

Latin America

Russell has worked throughout the Americas and has particularly deep experience in Brazil and Canada. As a member of the firm’s Latin America practice, he assists companies with a wide range of compliance issues across the region, including market access requirements for products, facility permitting and audits, defense against enforcement actions, transactional due diligence, and waste classification and management.

Among the highlights of his work on behalf of clients in Latin America, one, in particular, stands out. When a large Brazilian state issued a regulation requiring companies to propose plans to collect and manage their end-of-life consumer products, without regard to the restrictions that would apply once they were classified as wastes, Russell partnered with a local trade association to explain the problems this would cause. He proposed a basis in Brazilian law to reframe the classification, which the agency initially adopted as guidance and then formalized in regulation, giving his clients a practical path to comply with the environmental purpose of the original regulation.

Having deep experience with the laws of several countries, a comparative understanding of their legal systems, as well as environmental subject matter expertise and United States legal training, Russell is able to provide insights that do not occur to single-country practitioners. He provides actionable advice on Latin American legal problems in a form that U.S.-based clients in the global marketplace expect.

United States

Within the U.S., Russell works primarily in the major regulatory laws—air, soil, and water—as they relate to products in the electronics, chemical, pharmaceutical, and biotechnology sectors. He often works with industry groups to respond to Clean Air Act regulations, submitting comments on proposed Environmental Protection Agency rules and subsequent petitions for agency reconsideration, and challenges in the District of Columbia Circuit Court of Appeals for judicial review of final rules.

Multi-Faceted Background

Russell’s parents were wildlife biologists who studied whales in the Canadian Arctic, and he spent much of his childhood living in Eskimo whaling camps. Between college and law school he spent a decade working in environmental and maritime fields throughout the Americas, from Alaska to Argentina: as an environmental consultant to the oil, forestry, and telecommunications industries; as a marine fisheries observer; and in the planning, permitting, and repair of undersea cable systems in over twenty countries.

His work in the non-profit sector includes past management positions in two conservation organizations and his current position on the National Forest Leadership Council.

202-789-6048
Miriam Mazza International Environmental Attorney Beveridge & Diamond Washington, DC
International Counsel

*Miriam Mazza is not yet admitted to practice in the U.S.

Miriam is a Brazilian lawyer in residence with experience in contaminated sites, crisis management, project development, permitting, and transactional environmental law.

She has experience in a wide range of complex environmental matters, from due diligence on hydroelectric plants and thermoelectric stations, transmission lines, mines, and chemical facilities to legal support in the environmental licensing of major infrastructure projects, development of...

202-789-6008