São Paulo Court Upholds Energy Recovery Plant Project, Rejecting Suspension Request.
The São Paulo Judiciary decided this week not to suspend the implementation of four Energy Recovery Units (UREs) planned for the São Paulo capital. The preliminary injunction, issued by the 6th Public Treasury Court, denies a suspension request filed by the State Public Defender’s Office.
The office argued that the energy recovery technology, which transforms waste into energy, altered the scope of urban cleaning contracts signed in 2004, thus requiring a new bidding process. Furthermore, the Public Defender’s Office contended that the incineration of waste contradicted the guidelines of the National Solid Waste Policy, posing potential impacts on health and climate, as well as competing with recycling and the work of waste pickers.
Judicial Decision and Arguments
Judge Liliane Keyko Hioki, responsible for the decision, based her denial of the preliminary injunction on the argument that the National Solid Waste Policy (PNRS) recognizes energy recovery as a valid alternative. The magistrate also highlighted that halting the projects could overload landfills already nearing their capacity, a risk deemed more imminent and concrete than those pointed out in the lawsuit.
The Brazilian Association of Waste-to-Energy (Abren), which participated in the process as an amicus curiae (friend of the court), celebrated the decision, emphasizing that environmental licensing is the appropriate forum for evaluating the feasibility and safety of these plants. Abren advocates that energy recovery is an important tool in urban waste management.
Context and Next Steps
The implementation of the UREs is linked to the city’s urban cleaning contracts, operated by concessionaires Ecourbis and Loga. These units, with two per concession, aim to provide a more efficient destination for the waste produced by the metropolis, generating electricity from what would otherwise be discarded.
Although the preliminary injunction was denied, the merits of the lawsuit filed by the Public Defender’s Office will still be judged. It is expected that the concessionaires and the city government will present their detailed arguments, and the final decision may be subject to appeal. The case is an important milestone for the debate on solid waste management and the use of energy recovery technologies in Brazil.
