Environmental Licensing Research Articles

Balancing economic development and environmental responsibility: Perceptions from communities of garimpeiros in the Brazilian Amazon

Addressing sustainability in small-scale gold mining (SSGM) can be controversial. In Brazil there is a heated debate over the sustainable approach in SSGM operations, especially in the Amazon biome where biodiversity conservation and indigenous peoples' rights raise global concern. Opposing opinions about what should be “sustained” emerge from two extreme perspectives: ensuring the perpetuation of small-scale gold mining to guarantee incomes and productivity, and considering this activity as one of the major threats to Amazonian ecosystems. It is important to understand if, in the Brazilian Amazon, this debate is condemned to remain as “SSGM versus sustainability” or if it could be transformed into “SSGM and sustainability”, meaning that SSGM might embrace an understanding of sustainability that is more balanced between economic and environmental component. Therefore, this study aims at addressing the perceptions of small-scale miners (garimpeiros) themselves regarding sustainability. The research unfolds the dynamic between state impositions of environmental regulations and garimpeiros' response by showing: i) the problematics over environmental licensing and the role of cooperatives in helping with its legal aspects, and generally promoting environmental sustainability; ii) the controversial relationship between garimpeiros and environmental law enforcement agencies; iii) how miners understand the impact of deforestation; and finally, iv) how they explore sustainability pathways with landscape impact-mitigation practices. The results show that garimpeiros’ actions point to the prolongation of their SSGM activity. Nevertheless, it is possible to see seeds of transformation towards more sustainable practices reinforced by associations, the adoption of cleaner technology and initiatives of rehabilitation of mined-out landscapes. Still, SSGM associations mostly employ the notion of sustainability as a palliative to allow their economic growth at the expense of the natural environment. This practice fuels the polarized debate over sustainability in the Amazon and exposes the extreme divergence of positions among all the actors in the arena. Moreover, the notion of sustainability is so malleable that there is a risk that scholars, institutions, and miners might interpret it in different, idiosyncratic ways to serve their particular political values, interests, desires, and visions of the future.

Implementation of Good Practices in Environmental Licensing Processes

One of the main command and control mechanisms for the environment is the environmental licensing process. However, the isolated adoption of this mechanism has not satisfactorily ensured the environmental quality of natural resources. On the other hand, an increasing number of organizations are voluntarily adhering to good environmental practices. As a result, approximating the relationship between command and control instruments (state regulation) and good practices becomes increasingly important for improving the environmental performance of organizations. Within this context, the present work proposes to evaluate how good environmental practices can strengthen and advance current environmental licensing models adopted in South America. This research consists of an exploratory case study, conducted with a qualitative approach. Several countries in South America were evaluated because of the great natural resources that the region has, as well as the European Economic Community, due to their adoption of the so-called “best available techniques” of environmental management since 1996. The results of the study indicated that voluntary adherence to international environmental management standards has evolved in the analyzed countries and that environmental agencies in South American countries could establish legal bases to consolidate the inclusion of good environmental practices in environmental licensing processes. It was also observed that some benefits could be given to organizations that implement good environmental practices, such as granting of licenses with extended terms; debureaucratization (with time gain) of administrative procedures; exemption or reduction of fees; and facilitation of financing. This study could thus support debates for the effective advancement of the current environmental licensing model. However, this hypothesis must be evaluated and consolidated through further research, carried out individually for each country analyzed.

High genetic connectivity among large populations of Pteronotus gymnonotus in bat caves in Brazil and its implications for conservation

Bat caves in the Neotropical region harbor exceptional bat populations (> 100,000 individuals). These populations play a wider role in ecological interactions, are vulnerable due to their restriction to caves, and have a disproportionate conservation value. Current knowledge of bat caves in Brazil is still small. However, systematic monitoring of some bat caves in northeastern Brazil shows that they experience strong population fluctuations over short periods of time, suggesting large-scale movements between roosts and a much broader use of the landscape than previously considered. Spatio-temporal reproductive connectivity between distant populations would change our understanding of the use of roosts among bat species in Brazil, and important gaps in knowledge of long-distance bat movements in the country would be filled. Here, we used ddRADseq data to analyze the genetic structure of Pteronotus gymnonotus across nine bat caves over 700 km. Our results indicate the lack of a clear geographic structure with gene flow among all the caves analyzed, suggesting that P. gymnonotus uses a network of bat caves geographically segregated hundreds of kilometers apart. Facing strong anthropogenic impacts and an underrepresentation of caves in conservation action plans worldwide, the genetic connectivity demonstrated here confirms that bat caves are priority sites for bat and speleological conservation in Brazil and elsewhere. Moreover, our results demonstrate a warning call: the applied aspects of the environmental licensing process of the mining sector and its impact must be reviewed, not only in Brazil, but wherever this licensing process affects caves having exceptional bat populations.

Exploring the Complementarity of Offshore Wind Sites to Reduce the Seasonal Variability of Generation

Wind energy is a powerful resource contributing to the decarbonization of the electric grid. However, wind power penetration introduces uncertainty about the availability of wind energy. This article addresses the complementarity of remote offshore wind sites in Brazil, demonstrating that strategic distribution of wind farms can significantly reduce the seasonality and the risk of periods without generation and reduce dependence on fossil sources. Field observations, atmospheric reanalysis, and simplified optimization methods are combined to demonstrate generation improvement considering regions under environmental licensing and areas not yet considered for offshore development. Aggregated power results demonstrate that with the relocation of wind turbines, a 68% reduction of the grid seasonal variability is possible, with a penalty of only 9% of the generated energy. This is accomplished through optimization and the inclusion of the northern region, which presents negative correlations with all other stations. More specifically, the north and northeast of Brazil have large seasonal amplitudes. However, out-of-phase wind regimes with a strong negative correlation (R < −0.6) and high-capacity factors (CF) during the peak seasons occur in Jan-Feb-Mar in the north (CF > 0.5) and in Aug-Sep-Oct in the northeast (CF > 0.7). These complementary regimes allow for the introduction of the concept of Reserve Wind Power (RWP) plants, wind farms that can be viewed as “reserve sources” for energy security. These can replace the contracts of thermal reserve plants, with resulting economic and environmental advantages. Our analysis suggests that RWP plants can be 20 to 32% cheaper than thermal reserves in the current market.

Grounding the SHIELD Model for Tropical Coastal Environments

Customizing environmental assessments to the particularities of the type of environment is crucial for implementing the precautionary principle. This paper uses the SHIELD model (Susceptibility to Human Interventions for Environmental Licensing Determination) in the context of geomorphology for the effective management of coastal environments. This paper describes the customization of the SHIELD model for tropical coastal environments as a way of validating a specific kind of environment. The assessment translates expert knowledge into technical criteria for the environmental control of human interventions through fuzzy logic computations. This assessment identified 21 geomorphological processes across six categories. Moreover, computation of the parameters resulted in a database of susceptibility measures for 4524 interactions. These quantitative results could guide future environmental impact studies of coastal environments, considering licensing instrument requirements. The SHIELD model approach, illustrated here on tropical coastal environments, offers a technical alternative for improving the environmental control of anthropogenic impacts from a geomorphological perspective.

Environmental licensing for offshore wind farms: Guidelines and policy implications for new markets

Offshore wind energy is a key driver of the global energy transition towards climate change. The regulatory framework in environmental licensing for renewable energy sources is specific for each country, however there are basic elements that can be replicated for new markets. This article aims to propose guidelines and policy implications in environmental licensing for offshore wind projects for new markets based on the state of the art and lessons learned from three mature countries and one emerging market. The research involved three phases: literature review on sustainable development and environmental licensing procedures for offshore wind farms; research cases in the United Kingdom, Germany, Denmark, and Taiwan; and the structuring of guidelines and policy implications. As a result, eight guidelines and their policy implications are proposed, among them: (i) Establishment of a national offshore wind energy production target; (ii) Mapping of marine offshore wind zones; (iii) Adoption of a “one-stop-shop” procedure; (iv) Development of a guide for environmental licensing for offshore wind farms; and others. In conclusion, the establishment of a regulatory framework in environmental licensing for offshore wind projects, based on sustainable development principles and good practices of leading markets, guides public policies of new markets to have a greater probability of sustainable development.

An integrated rough-fuzzy WINGS-ISM method with an application in ASSCM

Environmental deterioration, the COVID-19 pandemic and the Russian-Ukrainian conflict had brought chronic and dramatic impacts on agricultural supply chain around the world, resulting in high inflation rates and unavoidable costs. In order to reduce the adverse impacts and achieve sustainability in agricultural supply chain, it’s necessary to scientifically explore composite indicators interlinked with agricultural sustainable supply chain management (ASSCM). The current study developed an integrated rough-fuzzy WINGS-ISM method to reveal the hierarchal and causal structure of indicators. It is found that environmental legislation, regulation, licensing, and government subsidies are the main drivers of ASSCM. Specifically, the government can guide the sustainable development of ASSCM by regulating the business environment. The financial support needs to be enlarged to optimize the structure in science and technology of ASSCM. Moreover, corporates and organizations are highly motivated by the increasing awareness of social responsibility and sustainability consciousness to improve the economic performance and achieve the ASSCM goals. A comparative analysis is proposed to illustrate the practicality and reliability of the results obtained from the proposed method, which can be utilized as a reference in ASSCM.

The Promotion of the Socio-Environmental State and Environmental Justice in the Mining Activities Chamber of Minas Gerais

Objective: the objective of this article is to examine whether, and how, the foundations of the Socio-environmental State are concretized in the course of the decision-making process regarding the granting of environmental licenses for iron extraction activities in Minas Gerais. Theoretical framework: The research is based primarily on studies of the development of the Socio-environmental State, on the literature on environmental justice, and on environmental licensing. Method: the research is qualitative in nature, descriptive, and documentary research was carried out, in addition to the strategy of content analysis. Results and conclusion: the analyses indicate the ineffectiveness of environmental licensing as an instrument of State regulatory policy for environmental protection, a fact that compromises the effectiveness of the Socio-environmental State. Implications of the research: based on a critical analysis of the institutional arrangement of the licensing agency under study, we highlight the need to improve the current licensing model in Minas Gerais in order to ensure the effectiveness of environmental protection, which is configured as a state duty, as a way to ensure the prevalence of the principles that guide the Socio-environmental State. Originality/value: the study intends to contribute to the improvement of environmental governance with regard to environmental licensing, opposing the claims for greater operational flexibility of the instrument. It is intended to show how the institutional arrangement that structures the licensing body in the current model in Minas Gerais does not follow the strategy of promoting the intrinsic precepts of the Socio-environmental State, corroborating the prevalence of environmental injustices in the scope of mining exploration in the state.

Environmental impact assessment follow-up institutional and regulatory frameworks: lights and shadows of the Chilean experience

ABSTRACT During the past 40 years, Chile’s EIA system evolved from a fragmented procedural exercise, with limited technical input into decision-making, to an essential public policy tool. This article presents an overview of the EIA system evolution in Chile, its main characteristics, and procedures, and highlights new advances and practical results in the follow-up stage. The analysis revealed evidence that despite positive improvements in Chile’s EIA process, there remain significant weaknesses in almost all stages. In the follow-up specifically, some pivotal improvements were made in connection with inspection, enforcement, and monitoring practices. In this context, evidence indicates that those changes have impacted positively on the evaluation of obligations contained at the environmental licenses as well as the governance of the process. However, some challenges to be addressed remain mostly related to monitoring, communication, and citizens’ engagement.

Autoclaving in the management of waste services Health: Brief assessment and outlook

The ease of implantation of autoclaving units for waste from health services, in relation to other thermal treatment technologies, results in a quantitative increase, to the detriment of the quality and safety of this technology and its environmental licensing. Objective: To analyze the conflicts between environmental licensing parameters and the introduction of new technologies, considering a Strategic Environmental Assessment and the individualization of processes. Methods: Exploratory, deductive, bibliographic study, raised, described and analyzed questions about autoclaving, licensing parameters and their relationship in the market. Specialized publications, books, periodicals and scientific articles supported the work. Results: The first equipment for sterilization of residues in Brazil was developed and validated in 1999, being licensed in 2002. The licensing process established the parameters of Organs environmental agencies that appear in all Brazilian equipment: (1) alternating pulses of pressure and vacuum , (2) elimination of air resistance contained in bags, (3) crushing after autoclaving, (4) exposure time of 15 minutes at 151ºC, among others. These are considered necessary to achieve microbial deactivation in waste treatment. ANVISA started to define different situations for this deactivation, requiring, in certain situations, inactivation of 4Log10 (disinfection) and in others 6Log10 (sterilization). The absence of clear and well-founded requirements regarding the level of microbial reduction and the really necessary operational parameters directly interfere in the quality and nominal capacity of the equipment, units and treatment values. Conclusion: Ensuring the continuity of growth in the treatment sector, in a safe way, enabling the participation of new actors in the waste management chain, in order to achieve high quality standards and improvement in autoclaving processes, involves compliance and critical analysis of parameters that punctuate the licensing and proof of technological efficiency, as well as imposing the implementation of new control systems, in the search for better socioeconomic and environmental results. Work extracted and adapted from the original published in the Annals of the III CONCISUS - Sustainable Cities Congress of the Northwest Paulista.

Perceptions on the effectiveness of environmental education programs as environmental licensing tools for port-related enterprise in Brazil.

Environmental Education Programs (EEPs) are considered environmental management tools in Brazilian environmental licensing processes, within the scope of mitigatory and compensatory measures to the social, environmental, and economic impacts caused by development projects or new enterprises. Here, we assess the perceptions and expectations regarding environmental education programs of three groups of actors (communities, environmental managers, and environmental agency technicians) involved in the licensing processes of port activities in the region of Paranaguá, in the State of Paraná, Brazil. Paranaguá is the largest coastal municipality of the state of Paraná, in the southern region of Brazil, and is home to Brazil`s second largest port. Since this is environmental conservation area, the conflicts between the port activities, environmental protection and needs of the local communities require efficient environmental management practices, with EEPs as one of their main implementation tools. The evaluation was based on semi-structured interviews which were analyzed using the methods of content analysis and discourse of the collective subject. The actors understand that environmental education is a potentially effective tool to promote the mitigation or compensation of environmental impacts generated by port developments undergoing licensing processes. The groups considered that the continuity, promotion of social organization, and correlation with the actual environmental impacts related to each enterprise are essential qualities for good EEPs. The evaluated perceptions were complementary and indicate a complex but effective ideal scenario for EEPs in the region.

Macroalgae production in Northern Europe: Business and government perspectives on how to regulate a novel blue bioeconomy

Macroalgae biomass production, understood as cultivation and harvesting, is a minor industry in Europe at present, but the sector is recognized as having substantial growth potential. Here, we framed the environmental license as a boundary object between business and authorities and investigated the details of macroalgal licensing procedures in seven Northern European countries (Finland, Estonia, Sweden, Germany, Norway, Iceland, and Scotland). We conducted surveys and interviews with macroalgae companies and licensing authorities to understand the challenges faced by both sides.Generally, macroalgae production in Northern European countries is regulated by environmental and water laws and is not included in maritime spatial plans. Private actors need to apply for an environmental, water and/or fishing permit to start operations in this sector, often with several authorities involved. The companies expressed their dissatisfaction with non-specific laws and burdensome licensing procedures that may delay or even prevent the start-up. The authorities highlighted the lack of scientific environmental risk assessments of macroalgae production and the need to resolve possible conflicts with other marine sectors. Companies need the license to access markets while authorities view the license as a tool to enforce environmental legislation. As a boundary object, the license is the result of correspondence and cooperation between companies and authorities. A one-step licensing procedure for macroalgae production should be applied to encourage this business and to facilitate the compliance of legislation. In addition, macroalgae related activities should be recognized in the national maritime spatial plans to facilitate long-term planning.

Environmental Licensing After the Job Creation Act in the Perspective of a Decentralized Unitary State

This research is motivated by the existence of one of the laws that are affected by Law Number 11 of 2020 concerning Job Creation, namely Law Number 32 of 2009 concerning Environmental Protection and Management, which is related to changes in the concept of environmental licensing, which creates differences There is a perception among the public that there are contradictory objectives in the two laws, that goals that are oriented towards attracting investment and employment have the potential to ignore sustainable environmental conservation. Changes in the concept of environmental licensing into environmental approvals in the work copyright law which then gives more authority to the Central Government regarding the formation of a Feasibility Test Team formed by the Feasibility Testing Agency of the Central Government, and the types of activities and businesses are also determined by the Central Government, so there are efforts to reduce the authority provincial and district/city areas, this is not in accordance with the implementation of decentralization on the principle of regional autonomy mandated by the constitution. This study aims to restore the function of environmental licensing as a controlling instrument in environmental activities/businesses that are attached to the central, provincial and district/city governments, using a qualitative normative juridical method with a library research approach.

Integrated Environmental Licensing After the Enabling of Law of the Republic of Indonesia

Indonesia doesn’t clearly regulate, adheres to an integrated environmental licensing system or not. This research focuses on three problems, namely examining in depth the concept of integrated permits and their urgency and analyzing integrated environmental permits before and after UUCK. This study aims to examine in depth the concept of an integrated environmental permit which then becomes a benchmark in analyzing environmental permits adopted by Indonesian law before and after the enactment of the UUCK. This type of research is normative legal research with a statutory approach, a historical approach, and a conceptual approach. This research material is sourced from primary legal materials and secondary legal materials, with data collection techniques using library methods which are then analyzed using descriptive and deductive-inductive methods. The results showed that in the implementation before the enactment of the UUCK, namely the regime of the Environmental Protection and Management Act (UUPPLH), there were already several permits that were integrated with environmental permits. Meanwhile, after the enactment of UUCK, UUCK replaced environmental permits with environmental approvals. This change has the potential to sacrifice environmental sustainability and has the consequence of eliminating the integration of environmental permits with other permits previously applicable in UUPPLH.

Integrated Environmental Licensing After the Enabling of Law of the Republic of Indonesia

Indonesia doesn’t clearly regulate, adheres to an integrated environmental licensing system or not. This research focuses on three problems, namely examining in depth the concept of integrated permits and their urgency and analyzing integrated environmental permits before and after UUCK. This study aims to examine in depth the concept of an integrated environmental permit which then becomes a benchmark in analyzing environmental permits adopted by Indonesian law before and after the enactment of the UUCK. This type of research is normative legal research with a statutory approach, a historical approach, and a conceptual approach. This research material is sourced from primary legal materials and secondary legal materials, with data collection techniques using library methods which are then analyzed using descriptive and deductive-inductive methods. The results showed that in the implementation before the enactment of the UUCK, namely the regime of the Environmental Protection and Management Act (UUPPLH), there were already several permits that were integrated with environmental permits. Meanwhile, after the enactment of UUCK, UUCK replaced environmental permits with environmental approvals. This change has the potential to sacrifice environmental sustainability and has the consequence of eliminating the integration of environmental permits with other permits previously applicable in UUPPLH.

Procedure to carry out an environmental licensing using a process for a power generation plant

The increase in population causes more urban areas to be built. Laws, norms, guidelines and deliberations govern the environmental licensing of an undertaking. The objective of this article is to demonstrate the procedure to carry out an environmental licensing using a process for a power generation plant and to monitor its process. A basic, qualitative and exploratory research was used with the purpose of making the problem familiar, trying to explain and clarify it. The use of instruments to clarify the lay client seems to have an effect. Visualization seems to be an attractive way of doing this. The execution of an environmental licensing goes through several stages and follows laws, norms, guidelines and deliberations that are not constant. Although there is federal regulation, each state is free to list its procedures in order to issue the license. This requires a lot of attention from the professional. Some legislative changes may negatively influence the attempt to minimize the anthropic impact on natural areas.

Environmental licensing screening in Espírito Santo state: the practice for small Hydroelectric Power Plants

In the context of Environmental Licensing (EL), project screening is an essential process that establishes whether Environmental Impact Assessment is needed or not. This paper analyzes the EL screening of a type of Small Hydroelectric Power Plants (less than 3 MW) in Espírito Santo state and compares it with other states in Brazil. The methodological process involved document analysis, good practices criteria application, and comparative analyses of the case study. The document analysis allowed us to understand how EL procedures in Espírito Santo have changed over time. The good practices criteria application allowed us to discuss how well processes aligned with outlined objectives. Finally, the comparative analysis between Espírito Santo and other Brazilian states allowed us to identify possible improvements for Espírito Santo's EL system. For example, screening could be improved by considering environmental sensitivity metrics for project classification and establishing guidelines for case-by-case analyses.

Implications of a new licensing framework on the impact assessment of water and sewage systems

A bill pending in the Brazilian Senate may change profoundly the characteristics and practice of environmental licensing in Brazil, including removing the obligation to obtain an environmental license for specific projects, such as those related to water supply and sanitary sewage. This timely bibliographical and documental study aims to analyse the development of specific legislation on environmental impact assessment (EIA) and environmental licensing of these two types of projects and compare them with the changes provided by the proposed Licensing Law. The work uses the identification and analysis of specific rules and legal documents that make up the current regulatory framework for licensing and the changes provided by the bill. The flexibility and exclusion of environmental licensing, without scientific rigour, ignore the importance of this instrument for environmental integration into decision-making. Furthermore, projects could damage the environment without such analysis due to the need to expand water supply and sanitation systems.

The experience of the municipalities of Minas Gerais State (Brazil) that implemented local environmental licensing

The objective of this study was to explore the experience of the municipalities of the state of Minas Gerais that implemented local environmental licensing. For this purpose, representatives of the state administration were interviewed, and an electronic questionnaire was sent to analysts of 121 municipalities that took up environmental licensing, from which 39 responses were obtained. The key drivers of local environmental licensing were concerns over licensing procedural delays by the state government and the need for administrative efficiency. Knowledge of local conditions and the proximity between the local government, communities and developers were identified as facilitators of licensing. Shortage of staff, precarious hiring processes, and lack of infrastructure were identified as the main barriers to local environmental licensing. The municipalities that have implemented local environmental licensing perceive planning, administrative capacity, competent technical and legal teams, and capacity-building as essential elements of an effective local environmental licensing system. The study concludes with suggestions of future research avenues.

Participatory Methodologies and the Production of Data on Artisanal Fishing in Areas with Offshore Wind Farm Projects in Ceará, Brazil

Offshore wind farms (OWF) are an essential emerging energy source. In Brazil, environmental licensing of OWFs requires an identification map of multiple preexisting uses, targeting potentially conflicting activities, such as fishing and navigation routes. The objective of the work was to evaluate the application of participatory methodologies in the construction of data on fishing activity, aiming at analyzing potential impacts of OWFs in marine territories of the state of Ceará, with a focus on artisanal fishing. A participatory map and fishing calendar were produced in Colônia Z18, Amontada, Ceará. Data collection took place through four participatory workshops with 45 participants. The data were digitized in a GIS environment and later validated with the community. The results show complete overlap between an OWF and the local fishing activity. Thus, participatory methodologies can help in the acquisition of fishery data and the assessment of the multiple uses of marine territories.