October 31, 2012
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NOTES FROM THE LATIN AMERICAN PRACTICE

Greetings from the Latin American Practice! We are pleased to provide our Latin American Region Environmental Report covering highlights from the third quarter (July- September) of the year. Please know that the Report is designed to capture major regulatory developments and emerging regional trends and is not intended to provide comprehensive coverage of all environmental initiatives.

For more information on the Beveridge & Diamond, P.C. Latin American Practice, please contact Madeleine Kadas at mkadas@bdlaw.com .

ARGENTINA HIGHLIGHTS

Two Bills to Ban Hydrofracking Introduced in Chamber of Deputies

In September, two bills ( Proyectos de Ley 6455-D-2012, 6640-D-2012; "Bills") were introduced in the Chamber of Deputies that would impose a nationwide ban on the oil and natural gas well stimulation process known as hydraulic fracturing, or "hydrofracking."

President Establishes Environmental Insurance Guidelines and Environmental Risk Assessment Commission

On September 6, Argentina’s president issued a decree ( Decreto 1638/2012; "Decree") authorizing the issuance of two types of environmental insurance in the country: an environmental surety policy and an environmental liability insurance policy.

Watershed Electronic Waste Bill Reintroduced

A bill ( Proyecto de Ley 4845-D-2012; "Bill") to enact an Electrical and Electronic Waste Management Law ( Ley de Gestión de Residuos de Aparatos Eléctricos y Electrónicos) was reintroduced in the Chamber of Deputies.

BRAZIL HIGHLIGHTS

NATIONAL DEVELOPMENTS

Brazil Initiates Reverse Logistics Rulemaking for Mercury Lamps and Product Packaging

On July 3 and 4, 2012, Brazil’s Ministry of the Environment ( Ministerio do Meio Ambient e) published a pair of public notices requesting proposals for producer responsibility programs for two product categories: mercury lamps and "packaging in general."

New Mining Agency with Broad Regulatory Authority Proposed in Senate

Senate Bill No. 306 (the "Bill"), introduced August 16, 2012, would establish a new National Mining Agency ( Agência Nacional de Mineração ; "ANM") with a range of regulatory powers that far exceed those of the existing mining oversight agency, the National Department of Mineral Production ( Departamento Nacional de Produção Mineral ).

Bill Would Expand Amnesty for Past Deforestation Under New Forest Law

A new proposal has extended the controversy over amnesty for illegal deforestation provided in Brazil’s Law No. 12651/2012 (the "Law") on the Protection of Native Vegetation ( sobre a proteção da vegetação nativa ).

IBAMA Expands Battery Stewardship Requirements

Brazil’s legislation on producer responsibility for batteries continues to evolve, with a new labeling requirement for common batteries and expanded reporting requirements for battery-containing products imposed in Normative Instruction No. 8/2012 ("NI 8").

BRAZILIAN STATE DEVELOPMENTS

Paraná Introduces New Producer Responsibility Program Covering Numerous Products

The State of Paraná has followed neighboring São Paulo’s lead to develop a broad-based statewide producer responsibility program, although Paraná’s program appears to be even more ambitious.

SMA and IBAMA Coordinate Collection of Environmental Tax

On August 14, 2012, Brazil’s Ministry of the Environment ( Ministerio do Meio Ambiente ) and São Paulo’s State Environment Secretariat ( Secretaria do Meio Ambiente ; "SMA") signed a cooperation agreement unifying the environmental taxes charged by the federal and state agencies.

São Paulo Requests Federal Rule to Stimulate Use of Ethanol

São Paulo’s State Environmental Council ( Conselho Estadual do Meio Ambiente ; "CONSEMA") has petitioned Brazil’s federal government to enact policies to increase the use of ethanol in vehicle fuels.

CHILE HIGHLIGHTS

Draft Strategic Environmental Assessment Regulations Proposed

Chile has proposed a draft Strategic Environmental Assessment Regulation ( Reglamento Para la Evaluación Ambiental Estratégica , the "Draft Regulation") requiring government agencies to assess environmental factors when developing policies that may have an environmental impact.

Chilean Congress Approves Amendment to Gasoline Price Stabilization Law

On September 12, 2012, the Chilean Congress approved an amendment to Chile’s oil price protection law ( Ley Num. 20.493 , the "Gasoline Price Protection Law") to strengthen measures to stabilize the price of gasoline ( Ley Num. 20.633 , the "Gasoline Law Amendment").

COLOMBIA HIGHLIGHTS

Bill to Phase Out Mercury Proposed in Chamber of Deputies

A brief bill (the "Bill") to reduce and phase out mercury in productive processes over ten years has been introduced in Colombia’s Chamber of Deputies.

Ministry Adopts Manual for Biodiversity Impacts Mitigation

In August 2012, the Colombian Ministry of the Environment and Sustainable Development ( Ministerio de Ambiente y Desarrollo Sostenible ) made final its manual for calculating compensation for the loss of biodiversity.

Colombia Revises Producer and Importer Take-Back Rules for Pesticides

Following a suite of take-back rules authorized under its hazardous waste Decree 4741/2005, the Ministry of Environment and Sustainable Development ( Ministerio de Ambiente y Desarrollo Sostenible ) has proposed revisions to its rules on pesticides take-back (the "Resolution").

Groundwork for Developing Colombian Site Remediation Program Outlined

The Colombia Ministry of the Environment and Sustainable Development ( Ministerio de Ambiente y Desarrollo Sostenible ) has published a national plan for addressing site contamination.

COSTA RICA HIGHLIGHTS

President Advances Marine Management Measures

President Laura Chinchilla Miranda issued an executive decree and introduced two bills to advance her administration’s "blue agenda" of strengthening Costa Rica’s marine resource management.

MEXICO HIGHLIGHTS

Mexican Energy Agency Proposes CO2 Emissions Reductions In Automotive Engines

Citing to its Climate Change Law, General Environmental Law, and Law on Energy Development and Sustainability, Mexico’s Energy Secretariat proposed CO 2 emissions standards applicable to new light automotive vehicles less than 3857 kilograms.

New Standard for Monitoring Air Emissions Goes Final

After more than four years in the making, Mexico’s environmental agency, the Secretaría de Medio Ambiente y Recursos Naturales (SEMARNAT) has issued standards for designing air quality monitoring systems by local governments, municipalities and industries.

Mexico Updates Phytosanitary Rules for Wood Packaging

Mexico has revised its phytosanitary rules regulating wood packaging used for packaging goods in international trade.

PERU HIGHLIGHTS

Bill Proposes Creation of Agency for Certification of Sustainable Investments

On August 27, 2012, a bill ( Propuesta Legislativa No. 1461/2012.PE , the "SENACE Bill") proposing the creation of the National Service of Environmental Certification of Sustainable Investments ( Servicio Nacional de Certificación Ambiental par las Inversiones Sostenibles , "SENACE") was introduced in the Peruvian Congress.

Environmental Quality Standards and Maximum Allowable Limit Standards Updated

On August 28, 2012, the Minister of the Environment issued a ministerial resolution approving a plan to update Peru’s environmental quality standards ("EQS") and maximum allowable limit standards ("MAL") for the period 2012-2013. ( Resolucion Ministerial 225-2012-MINAM , "Resolution".

PUERTO RICO HIGHLIGHTS

Bill to Ban Nonbiodegradable, Disposable ‘Type T’ Plastic Bags Passes House of Representatives

On June 25, a bill ( Proyecto de la Cámara 3809 ;"Bill") that would ban nonbiodegradable "type T" (or "T-Shirt") plastic bags was approved by the House of Representatives.

Senate Passes Bill to Create Agricultural Pesticide Evaluation Committee

The Senate has passed a bill ( Proyecto del Senado 2536 ; "Bill") that would create an Agricultural Service Advisory Committee for the Evaluation of Agricultural Pesticides ( Comité Asesor del Servicio Agrícola para la Evaluación de Plaguicidas de uso Agrícola, the "Committee").

URUGUAY HIGHLIGHTS

Uruguayan Producer Responsibility Plan Implements 2004 Packaging Law

On September 11, 2012, Uruguay’s Ministry of Housing, Zoning and Environment ( Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente ) and Chamber of Industrie s (Cámara de Industrias ), along with two other agencies, signed an agreement adopting the "Montevideo Management Plan for Recovery of Non-Returnable Packaging Wastes" ( Plan de Gestión de Montevideo para la Recuperación de Residuos de Envases no Retornables ; the "Plan").

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