Environmental Licensing Research Articles

Illegal Deforestation in Mato Grosso: How Loopholes in Implementing Brazil’s Forest Code Endanger the Soy Sector

Brazil’s Forest Code (FC) is a landmark law that, despite dating back to the 1930s, has low compliance. Illegal deforestation continues, and millions of hectares that were set to be reforested remain degraded. Although sector agreements such as the Amazon Soy Moratorium (ASM) have been important in the fight against deforestation, the implementation of the FC represents the key long-term strategy to halt deforestation in the soy supply chain. Here, we used datasets of the boundaries of rural properties, deforestation permits, environmental licensing, and land cover in Mato Grosso to quantify illegal deforestation and analyzed compliance with the Forest Code (FC) on soy farms to explore how loopholes in the implementation of the FC allow deforestation to continue unabated. Our analyses show that between August 2009 and July 2019, soy farms in Mato Grosso State, the largest Brazilian soy producer, were responsible for 31% (or 511 thousand hectares) of all land cleared in registered properties. Most of this deforestation was illegal. The FC implementation within these properties has been slow: only 11% of registered soy farms have made it to the final stage of the registration process, thus being considered fully compliant. This novel analysis reinforces that accelerating the implementation of the FC could significantly reduce deforestation and advance the restoration of illegally cleared land particularly in the Cerrado, where 50% of the original cover has already been lost, as well as in the Amazon. By achieving full compliance in the soy sector, Brazil’s position in the international market would be strengthened as a supplier of sustainably produced, deforestation-free commodities.

Perizinan Lingkungan Sebagai Upaya Mengendalikan Pencemaran Akibat Industrial Waste Sesuai Undang-Undang Nomor 6 Tahun 2023

This journal examines environmental permits in the enforcement of current legislative rules aimed at mitigating industrial pollution. The author elucidates that the issue of environmental pollution stemming from industrial waste has emerged as a global concern, as it poses a threat to human health and environmental sustainability. Despite the existence of legislation concerning environmental contamination, numerous infractions continue to be perpetrated by industry. The urgency of this research is considering that the environmental permit policy is a preventive government tool as an effort to control community behavior, and also repressive in overcoming environmental problems caused by human activities. Environmental licenses are a crucial governmental regulation designed to safeguard the environment from industrial waste contamination, thereby preventing harm that could adversely affect the community. Consequently, obtaining an environmental permit is crucial for implementing legislation pertaining to environmental protection, ensuring that industries adhere to established standards and are accountable for their waste production. The author asserts that robust environmental legislation may eliminate industrial waste contamination. Nevertheless, sustained collaboration is essential among all stakeholders, including the government, industry, and society, to guarantee the success of these initiatives.

Impactos Socioambientais em Assentamentos Urbanos Informais

Aim – Analyze, critically, the environmental licensing process of informal urban settlements, seeking to improve the instrument in a context of climate change. Methodology - This is a qualitative approach in which the documentary research method was used in environmental licensing processes of informal urban land subdivisions in the Federal District. Originality/relevance - There is a scarcity of studies investigating licensing in informal urban settlements. Considering that environmental licensing is required for activities that may cause socio-environmental damage and aims to mitigate or compensate for such damage, research that empirically evaluates the application of the instrument should be encouraged. Results - In general, environmental licensing in informal urban settlements has not been efficient, mitigation measures are not complied with, monitoring is unsatisfactory, there is a lack of indicators to measure urban environmental quality, and there is a lack of analysis of technological alternatives that consider climate projections and nature-based solutions. Theoretical/methodological contributions: Research on environmental licensing processes for informal urban settlements for low-income (ARIS) and high-income populations (ARINE) has contributed to complement the global literature, focused on investigating the mining and energy sectors. Comparative research on informal urban land subdivision in other socioeconomic contexts is recommended. Social and environmental contributions - Low-income settlements in ARIS are more vulnerable to socio-environmental risks and climate change than settlements in ARINE, requiring greater attention from managers to reduce this vulnerability.

Geomorphological Compartmentation of Pereiro Massif and its surroundings, in Northern Northeast of Brazil

The Pereiro Massif (PM), located between the states of Ceará, Rio Grande do Norte and Paraíba, is a granitoid body that occupies an area of ​​approximately 2,200 km2, and and has maximum altitudes of 861 meters. This work aimed to elaborate and discuss the geomorphological compartmentalization of the Pereiro Massif and its surroundings. To this end, the following procedures were followed: 1) bibliographic and cartographic review on the geology and relief of the study area; 2) creation of the geomorphological map in a GIS environment, through SRTM image processing; 3) field activities for mapping conference, obtaining information to characterize the shapes and photographic survey. Fifteen units were mapped and grouped into three dimensions that consider the resulting processes and forms: accumulation, flattening and erosion surfaces. The compartments are classified recognizing processes associated with continental denudation with erosion, transport and deposition of material, based on structural geomorphology. The mapping carried out enhances the scientific notoriety of the PM and is expected to serve for environmental planning actions, such as the creation of protected areas and environmental licensing procedures.

Temporal Perspective of Vegetation Around the Salto Santiago Hydroelectric Plant Reservoir

Objective: The construction of hydroelectric plants brings benefits to energy supply, improving the quality of life for the population. Permanent Preservation Areas (APP) in reservoirs are essential for environmental conservation and mitigating the impacts of these structures. Given the importance of APPs, this study aimed to evaluate changes in vegetation within a 10 km radius around the Salto Santiago Hydroelectric Plant reservoir. Theoretical Framework: The research was developed using definitions governed by the new Brazilian Forest Code, established by Law Nº. 12.65, of May 25, 2012. Method: Geotechnologies were used for spatiotemporal mapping and evaluation of the APP surrounding the Salto Santiago reservoir, located in the municipality of Saudade do Iguaçu, Paraná. Results and Discussion: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or promote studies for the environmental licensing processes of hydroelectric projects. Research Implications: The relevance and value of this research are demonstrated through applications of academic studies and methodologies as a support base for environmental professionals. Originality/Value: This study contributes to the literature by [highlighting the originality of the research, whether through the innovative approach, new discoveries or practical contributions]. The relevance and value of this research are evidenced by [explain how the results may impact the area of study or professional practice].

Between Wires and Wings: What Are the Impacts of Power Transmission Lines on the Diversity of Insectivorous Bats?

Energy consumption in the world is growing every year, and there is an increasing demand on the energy system to meet the increase in consumption, resulting in the installation of new power transmission lines. The understanding of how power transmission lines affect biodiversity is predominantly focused on birds, with limited information available on other organisms. In this study, we assessed the potential effect of power transmission lines on bat communities in a locality in the Cerrado biome in Brazil. More specifically, we used a paired sample design and acoustically sampled bats in locations near and far from the transmission lines. Our findings suggest that power transmission lines do not have a generally positive or negative effect on insectivorous bat communities in the study area. However, their presence seems to be associated with increased diversity in specific functional groups and changes in the activity patterns of some bat species and families. We believe that this information is of particular importance for establishing appropriate programs during the environmental licensing process, assisting in the development of projects in the different stages of construction as well as in monitoring programs during operation.

Striking a Balance: Streamlining Environmental Licensing for Business Growth and Environmental Protection in Indonesia

Indonesia's environmental licensing process is critical for regulating business activities and safeguarding the environment. This analysis explores the interaction between this process and the government's recent efforts to enhance "ease of doing business." Before streamlining measures, obtaining environmental permits was a complex and time-consuming ordeal. Businesses faced difficulties meeting stringent requirements and navigating a bureaucratic labyrinth. The "ease of doing business" provisions aim to simplify procedures and expedite permit acquisition, ideally without compromising environmental protection. The paper emphasizes the importance of achieving a balance between efficiency and environmental protection. While streamlining can improve business competitiveness, a decline in environmental impact assessment quality could have negative consequences. The discussion also explores the various obstacles hindering the current licensing process, including complex bureaucracy, high costs, and limited interagency coordination. To overcome these challenges, the paper suggests measures to simplify procedures, improve communication between government agencies, and raise environmental awareness among businesses. By effectively integrating ease of doing business with environmental considerations, Indonesia can create a more efficient licensing system that fosters sustainable economic growth.

Politics of Mining: Ecological and Economic Dynamics in Maluku Utara

The mining issue in North Maluku Province has become a primary focus, resulting in serious impacts on the economic and investment climate. Challenges related to mining activities include environmental damage, pollution, land conflicts, illegal operations, and licensing issues. The conflict of interest among mining companies, the government, and local communities is worsening over time due to unmet community needs and a shift from protests to resistance. Factors influencing the escalation of conflict include centralization in decision-making regarding mining resources by the government, reducing the participation of local communities in policy processes. Additionally, the lack of concern from mining companies for the welfare of local communities, particularly regarding compensation and social impacts, is also a cause of escalating conflict. This research utilized a descriptive qualitative method. The research findings indicate that community opposition to mining concession policies is caused by neglect of the rights of local communities in terms of compensation, discriminatory treatment in workforce recruitment, and environmental damage post-mining. This underscores the need for holistic and sustainable solutions to resolve mining conflicts in the region, considering the interests of all involved parties.

Perspectiva de melhor institucionalização do diálogo a partir da experiência do programa de saneamento da bacia da estrada nova (PROMABEN)

This article addresses the poor institutionalization of dialogue between the Municipality of Belém and the population affected by the first phase of PROMABEN in the Estrada Nova basin, seeking to propose mechanisms to strengthen dialogue in similar projects. The text begins with the observation that the legal acts institutionalizing public policy did not set up conditions for community participation. This deficiency resulted in an insufficient guarantee of the right to housing, limiting the potential benefits of community participation, and increasing the negative impacts of resettlement. Afterwards, the article discusses the need to overcome the traditional ideological basis of Brazilian administrative law, moving towards legal institutions and technologies that promote the democratic values and political pluralism of the 1988 Constitution. The article states that dialogue with the population must be a democratic principle, not just a bureaucratic procedure. In the end, the paper propose four measures as potentially improving the effectiveness of dialogue in projects like PROMABEN: establishment of permanent mechanisms for political participation in municipalities; integration of dialogue compliance analysis into credit operations; strengthening dialogue processes in environmental licensing and works bidding procedures; and implement project social compliance assessment mechanisms.

Avanços recentes na regulação ambiental da infraestrutura portuária brasileira

This document contains a report on the actions of ANTAQ, the Brazilian regulatory agency for ports and navigation, regarding positive actions related to the improvement of norms and sustainability standards for facilities. It demonstrates the evolution of regulation from 2011 to 2023, as well as the international legislation complied with and the practical results for stackeholders. The report demonstrates initiatives related to dangerous cargo, environmental licensing, vessel waste and preventive operational care.

Environmental policy, licensing strategy, and social welfare

Environmental policy, licensing strategy, and social welfare

“Se a gente tivesse direito, não teria necessidade de estar fazendo manifestação pra nada”: a luta das marisqueiras de Farol de São Thomé, RJ - Brasil contra estereótipos de gênero em políticas públicas

Abstract The work carried out by women in the artisanal fishing production chain is historically invisible, whether in the internal prestige of communities, in fishing management, or in the legal identification of workers. Women's invisibility even incurs the restriction of social security rights, such as the so-called Defeso. Over the years 2018 to 2022, the research investigated the struggle of shellfish gatherers from Farol de São Thomé, a community located in Norte Fluminense, RJ - Brazil, against gender stereotypes present in the public policy entitled Projeto Bolsa Cidadão (PBC), instituted in the municipality of Campos dos Goytacazes/RJ from 2000 to 2021. Based on qualitative methodological techniques, such as direct observation in fieldwork, semi-structured interviews, and organization of a focus group, as well as a critical legal-anthropological epistemology, the text seeks to reflect on the dimensions of redistribution, recognition, and female participation in artisanal fishing and concludes that discriminatory blocks restrict or even exclude female workers from accessing social programs. This article results from research funded by the Pescarte Environmental Education Project (PEA), a mitigation measure required by the Federal Environmental Licensing conducted by IBAMA.

The New Paths of Environmental Management In Brazil: Reflections on Participatory Governance in the Environmental Permit Process

Objective: The objective of this study is to investigate environmental management in Brazil, with the aim of recovering the trajectory of the legal landmarks that anchor it and highlight the regulatory proposals for licensing currently under discussion in the National Congress, which point in the direction of a greater flexibility of the process and greater rigor in the observance of deadlines, alongside the weakening of the role of public hearings. Theoretical Reference: In this topic, the main concepts and theories that underpin the research are presented. Above all, the discussion on environmental governance is highlighted, which provides a solid basis for understanding the context of research. Method: The methodology adopted for this research comprises a literature review on participatory governance and analysis of primary and secondary data. The data collection was carried out by means of documentary analysis. Results and Discussion: The results obtained revealed the setback that is insinuated with the deconstruction of legal conquests that were supposed to be consolidated, which denotes a clear trend of reformulation of Brazilian environmental policy informed by the primacy of economic interests over the sustainable, and democratic, management of the environment. In the discussion section, these results are contextualized in the light of the theoretical benchmark, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of environmental management in the country. These implications can cover the areas of sustainability, participatory management, socio-environmental justice, among others. Originality/Value: This study contributes to the literature by critically addressing proposals for restructuring environmental licensing in the country. The relevance and value of this research is evidenced by helping to understand the trajectory of environmental legal milestones and the impacts that the proposed changes suggest.

Two decades of clear-cutting threats in the Brazilian Amazonian protected areas around the Jirau, Santo Antônio, and Belo Monte large dams

Deforestation rates in the Amazon have markedly increased in the last few years, affecting non-protected and protected areas (PAs). Brazil is a hotspot of Protected Area Downgrading, Downsizing, and Degazettement (PADDD) events, with most events associated with infrastructure projects. Despite the threats dams impose on PAs, there is a knowledge gap in assessing deforestation in PAs around large dams in the Amazon. This study investigates how deforestation affects Biodiversity Protection Areas (BioPAs) and Indigenous Lands around the Jirau and Santo Antônio (JSA) dams (Madeira River, Rondônia) and Belo Monte dam (Xingu River, Pará) in the Brazilian Amazon. We compared clear-cutting between PAs and control areas and the annual rates of forest change between pre-dam and post-dam periods. We discussed deforestation-related factors (e.g., PADDD events and the presence of management plans or councils). Our results show an increase in deforestation after the operation of the dams when environmental control from licensing agencies decreases and other political and economic factors are in practice. Indigenous Lands experienced a significant increase in deforestation around the Belo Monte dam, which is associated with the demarcation process and land conflicts. Surrounding the JSA dams, sustainable use BioPAs showed high deforestation rates, and 27 PADDD events were reported, four directly related to dams. In addition to dams, deforestation was associated with the crisis of Brazilian democracy and the weakening of environmental policies. In conclusion, the weak environmental control from environmental licensing agencies during dam operation and PADDD events have contributed to increased deforestation rates and additional stresses in the Amazon.

Combining LiDAR and Spaceborne Multispectral Data for Mapping Successional Forest Stages in Subtropical Forests

The Brazilian Atlantic Rainforest presents great diversity of flora and stand structures, making it difficult for traditional forest inventories to collect reliable and recurrent information to classify forest succession stages. In recent years, remote sensing data have been explored to save time and effort in classifying successional forest stages. However, there is a need to understand if any of these sensors stand out for this purpose. Here, we evaluate the use of multispectral satellite data from four different platforms (CBERS-4A, Landsat-8/OLI, PlanetScope, and Sentinel-2) and airborne light detection and ranging (LiDAR) to classify three forest succession stages in a subtropical ombrophilous mixed forest located in southern Brazil. Different features extracted from multispectral and LiDAR data, such as spectral bands, vegetation indices, texture features, and the canopy height model (CHM) and LiDAR intensity, were explored using two conventional machine learning methods such as random trees (RT) and support vector machine (SVM). The statistically based maximum likelihood (MLC) algorithm was also compared. The classification accuracy was evaluated by generating a confusion matrix and calculating the kappa index and standard deviation based on field measurements and unmanned aerial vehicle (UAV) data. Our results show that the kappa index ranged from 0.48 to 0.95, depending on the chosen dataset and method. The best result was obtained using the SVM algorithm associated with spectral bands, CHM, LiDAR intensity, and vegetation indices, regardless of the sensor. Datasets with Landsat-8 or Sentinel-2 information performed better results than other optical sensors, which may be due to the higher intraclass variability and less spectral bands in CBERS-4A and PlanetScope data. We found that the height information derived from airborne LiDAR and its intensity combined with the multispectral data increased the classification accuracy. However, the results were also satisfactory when using only multispectral data. These results highlight the potential of using freely available satellite information and open-source software to optimize forest inventories and monitoring, enabling a better understanding of forest structure and potentially supporting forest management initiatives and environmental licensing programs.

Unraveling Environmental Impact Assessment Practitioners in Brazil: Profile, Education and Perception of EIA Practice among CBAI Participants

Environmental Impact Assessment (EIA) practice demands interactions between different actors, and its effectiveness depends on how they respond to their own expectations, as well as the expectations of other actors and legal standards. Thus, EIA practitioners play an important role in improving this process. This study examines the profile of Brazilian EIA practitioners who participated in at least one edition of the Congresso Brasileiro de Avaliação de Impacto (CBAI - Brazilian Congress on Impact Assessment in English), as well as their perception of EIA practice within the country. It is a quantitative and qualitative research based on the premise that EIA practitioners would have participated in at least one of the first five congresses (CBAI) promoted by the Associação Brasileira de Avaliação de Impacto (ABAI - Brazilian Association for Impact Assessment in English). Data collection involved distributing an online questionnaire, available between September 26th and November 1st, 2022, to all 794 contacts registered at ABAI. A total of 217 responses were obtained, with participants comprising 48% men and 52% women, with the majority falling between 25 and 45 years of age. All respondents had studied EIA (through undergraduate or postgraduate courses, or in other contexts). Most participants had more than 10 years of experience working with EIA, primarily in consultancy and academia. Perceptions regarding the quality, problems, strengths and opportunities of Brazilian EIA practice generally aligned with the literature. Respondents tended to disagree with streamlining EIA and Environmental Licensing procedures and to agree with the necessity of implementing Strategic Environmental Assessment in Brazil. The results are important to understand who Brazilian EIA practitioners are and what this portion of EIA practitioners think.

Standards, territory and frontier: environmental policy and the expansion of mining in Minas Gerais

This article aims to debate the environmental policy in the state of Minas Gerais based on observing the standards adopted and the territorial reflexes, highlighting how the relaxing the environmental licensing processes over the past few years has influenced the expansion of the frontier of mining activities to different mesoregions of Minas Gerais. Based on a literature review, documentary research and data available in the System for Consultations and Decisions on Environmental Licensing Processes from the State Secretariat for the Environment and Sustainable Development (SEMAD) and in the Spatial Data Infrastructure (IDE) of the State Environmental System (SISEMA) The text initially characterizes the institutionalization of environmental policy in Minas Gerais, and then analyzes the recent changes in the state’s environmental licensing. Lastly, the territorial implications are indicated by the advance of the frontier of the mineral sector and the corporate mining territories. The analyzes on the changes in licensing and the expansion of the mineral sector in the state cover the period between 2013 and 2022.

The Role of The State in Diversifying and Expanding the Brazilian Energy Matrix: an Analysis of Legislation

Despite having an essentially renewable electricity matrix, the dependence on hydropower, in the current climate risk scenario and the associated environmental and social impacts, point to the need to diversify energy generation in Brazil. To this end, state action is fundamental for designing and implementing public policies for the country's energy matrix. However, this diversification does not occur at the desired speed and scale. Thus, this article analyses the Brazilian regulatory environmental policies to assess the participation of the Federal constituencies, States, and municipalities in scaling renewable sources in the national electricity matrix. The research revealed that specific legislation on energy is scarce, and much of what is applied is taken from the general environmental legislation. We noticed that, by constitutional imposition, the Federal constituencies have the legislative competence on the theme and, therefore, establish norms and general rules, while States and municipalities act marginally, especially in fiscal matters and environmental licensing. The need for more objectivity, standardization, and the non-existence of specific technical criteria in the norms about energy use. We also verified that most of what was legally established constitutes government programs, not state policies. It is necessary to extend the participation of states and Municipalities in elaborating national energy use plans and in the revision and technical standardization of the licensing norms. These gaps must be filled so sustainable development, a principle established in the Constitution, is strengthened and made possible, with the participation of States and Municipalities.

New records and conservation status of tree species from environmental licensing studies in highly human-modified areas in Bahia, northeastern Brazil

Based on fieldwork for licensing environmental impact studies in Bahia, northeastern Brazil, we present new records of five tree species, including two species known only from their type locality. The records mostly originate from highly human-modified areas in Atlantic Forest, which we argue that should not be underestimated by environmental licensing studies. We assess the conservation status of the five species and highlight the importance of using trained botanists for recording species of conservation concern. Our data demonstrate that studies for environmental licensing can contribute knowledge and aid in biodiversity conservation.

Implementing Spatial Planning Based on Environmental Sustainability in the Mining Area

Implementing Spatial Planning Based on Environmental Sustainability in the Mining Area