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Legal Efforts to Address Climate Change under Environmental Permitting Laws in the State of Rio de Janeiro

Miguel Frohlich, Assed Haddad

This article presents an analysis of the laws of the State of Rio de Janeiro, Brazil, related to climate change and their interaction with environmental permitting. In the introduction, the current situation of the international climate change regime is briefly discussed, as well as the creation of the Brazilian legislative framework for climate change at the federal level. After reviewing the history of the creation of climate change legislation in the State of Rio de Janeiro, this article addresses the application of this legal regime under environmental permitting. The conclusion points to a trend of incorporating climate change restrictions in environmental permits to be issued in the State of Rio de Janeiro. These may be subjected to court challenges in the future due to the legal uncertainty created by federal and state climate change laws which did not adequately define the role of the private sector in efforts to reduce greenhouse gases (GHG) emissions.

Miguel Frohlich is an environmental lawyer currently pursuing a Master in Environmental Engineering degree at the Environmental Engineering Program (PEA) of the Federal University of Rio de Janeiro (UFRJ); graduated in law from Catholic University of Rio de Janeiro (PUC/RJ) and also holds a post-graduate diploma in Environmental Studies from UFRJ; eMail: . Mr. Assed Haddad holds a PhD in Industrial Engineering from UFRJ and a Master in Civil Engineering from Federal Fluminense University (UFF); Associate Professor of PEA at UFRJ; eMail:


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