In April 2021, the Brazilian Federal Public Prosecutor’s Office filed a public civil action against a rural landowner, seeking the landowner’s accountability for alleged illegal deforestation connected to breeding cattle in the Amazon….Aside from demanding compensation for environmental damages, collective damages, as well as compensation due to the profits illegally obtained in the logging process, the prosecutor required that the defendant pay compensation for climate damages resulting from the deforestation, something until now unwitnessed in cases of this sort in Brazil. N
By employing a carbon calculator software developed by IPAM, the Amazonian Research Institute, the Prosecutor’s Office calculated how much carbon was expected to have been released into the atmosphere per hectare of deforestation in that particular area. With that information, knowing the extension of the deforestation and using the carbon pricing practiced by the Amazon Fund, the Prosecutor’s Office came to the conclusion that the defendant was liable for a BRL 44.7 million compensation for climate damages.
Excerpts from Climate litigation in Brazil: new strategy from prosecutors on climate litigation against private entities, Mayer/Brown, June 21, 2021