A federal appeals court has overruled an August decision by a lower court that suspended the mine license for Canadian-based Brazil Potash, according to a report by Reuters.
Prosecutors had argued the lower court ruling was in effect, but this had been disputed by Brazil Potash, which cited an earlier April ruling by a superior court approving a preliminary license as granted by Amazon State’s Institute of Environmental Protection of the Amazonas (IPAAM) (GM April 14, p. 27).
The company maintains the $2.5 billion, $2.2 million mt/y project is not located on indigenous land, and that regardless more than 60% of the Mura indigenous people voted in favor of the project (GM Sept. 29, p. 1). Advancement of the Autazes Potash Project had been delayed to gain the approval of the Mura (GM Sept. 1, p. 27).
According to the latest report, the appellate court ruled that IPAAM is the proper authority to approve the license since there was no official indigenous territory in the area. The lower court had ruled that the mine must be approved by the federal environmental agency, the Institute of Environment and Renewable Natural Resources (IBAMA).
Brazil Potash reportedly still awaits the National Foundation of Indigenous Peoples (FUNAI) to complete their review of the company’s Indigenous Consultation Study (ECI), which is one of the last items needed prior to issuance of the Installation License required to start project construction. FUNAI is the Brazilian government’s indigenous people’s agency.