Case Name: Instituto Arayara vs. ADASA e Termo Norte Energia Ltda (Water Resources Grants and Installation of Thermoelectric Power Plants)

Summary

This is a Public Civil Action (ACP) with a request for urgent relief proposed by the Arayara Institute against the Regulatory Agency for Water, Energy and Sanitation of the Federal District (ADASA) and the company Termo Norte Energia Ltda.. The plaintiff seeks the cancellation of the grants of rights to use water resources granted by ADASA in favor of the defendant company for the collection of water and discharge of effluents into the Melchior River, within the scope of the project to install a natural gas thermoelectric plant in Samambaia, in the Federal District. In summary, the plaintiff claims that ADASA used outdated data to analyze and issue the grants and did not pay attention to the alarming diagnoses of water availability in the Federal District, affected by climate change, such as the record drought that occurred in 2024. It is argued that the generation of energy through thermoelectric plants consumes and pollutes a large amount of water, and is capable of affecting the water supply in the Federal District. Therefore, the implementation of power plants without a due updated assessment of water and environmental impacts is contrary to the principles of precaution and prevention, in addition to the primacy of environmental protection over economic interests. The plaintiff requests, as a preliminary injunction, the immediate suspension of ADASA's grants no. 337/2023 and no. 33/2024, including in order to prevent the irregular continuation of the environmental licensing of the project. On the merits, it requests the confirmation of the protection and the definitive cancellation of said grants.

In its defense, ADASA preliminarily pointed out the lack of standing of Instituto Arayara. On the merits, it supported the legality of the issued grants, clarifying that they were preliminary permits, of a merely indicative nature, insufficient to authorize the installation of the project. It also added that Instituto Arayara did not present technical evidence of the allegations made, relying exclusively on outdated and superficial data. Therefore, it requested that the case be dismissed in its entirety.

In addition to the reasons given by ADASA, Termo Norte Energia, in its defense, highlighted the relevance of the thermoelectric plant project for diversifying Brazil's energy matrix and increasing the supply of electricity in the Midwest. Furthermore, it highlighted that natural gas is recognized as a fuel for energy transition/green energy, as it has less impact than fossil fuels. Therefore, it requested that the case be dismissed in its entirety.

The decision on the preliminary injunction was granted, in order to suspend the effects of the prior authorizations issued by ADASA. The court disagreed that natural gas is a clean source of energy, indicating that the implementation of a thermoelectric plant does not contribute to the decarbonization of the Brazilian energy matrix and to the efforts to reduce greenhouse gas (GHG) emissions undertaken by Brazil under the Paris Agreement. It also states that since the potential impact of the plant on the environment is evident, especially with regard to the possibility of substantial GHG emissions, the case should be examined in light of the National Policy on Climate Change (PNMC). Therefore, it determined the suspension of the authorizations so that it is possible to verify, in a cautious and safe manner, the true environmental impacts of the thermoelectric plant project and the validity conditions of the environmental administrative acts in question.

The decision was questioned by the defendants, with ADASA and Termo Norte Energia filing, respectively, Instrument Appeals No. 0723611-95.2025.8.07.0000 and 0723663-91.2025.8.07.0000, which were not acknowledged by the TJDF.

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Main norms mobilized

• Article 170 of the Federal Constitution (CRFB/88)
• Article 225 of the Federal Constitution (CRFB/88)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• Paris Agreement (Federal Decree 9.073/2017)

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Case documents