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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. 

© 2019 Beveridge & Diamond PC

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About this Author

Madeleine Boyer Kadas, Environmental Lawyer, Beveridge & Diamond Law Firm
Principal

Maddie Kadas brings over twenty years of experience advising multinational corporations on U.S. and international environmental matters. She founded the Firm’s Austin, TX office and served as its first Managing Shareholder.

Maddie represents clients on a variety of regulatory and enforcement matters under U.S. and Texas environmental laws, with a focus on air and waste issues affecting the chemical manufacturing and petroleum refining sectors. Fluent in Spanish, Maddie assists industrial sector clients on the full range of environmental, health...

512-391-8010
Russell Fraker, Environmental Attorney, Beveridge Diamond Law Firm
Associate

Russell Fraker's practice encompasses environmental regulatory issues associated with facilities and products, both domestically and internationally.  He has significant experience with air, waste, contaminated site, biosafety, and product stewardship laws.

Proficient in Portuguese and Spanish, Mr. Fraker has worked in several Central and South American countries.  As a member of the Firm’s Latin American practice group, he advises clients on regulatory issues in the region, with a particular focus on Brazilian environmental laws.

202-789-6048
Of Counsel

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 renewable energy ventures, and legal management of contaminated areas.

...
202-789-6008
Tiffany Carlson, Beveridge Diamond Law Firm, Environmental Law Attorney
International Environmental Analyst

As a member of our International Practice Group, Tiffany’s work primarily involves helping our clients navigate and interpret pending and enacted legislation in Latin America. Proficient in Spanish and Portuguese, Tiffany monitors and tracks key environmental regulatory developments and conducts project-based research, analysis, and reporting to help clients stay informed and up-to-date on compliance requirements within a wide range of sectors and industries in Latin America—most notably, the Information Technology Industry and requirements related to energy efficiency,...

512-391-8011